(A)   Purpose. The purpose of this subchapter is to establish minimum requirements, to protect the public health, safety, morals, comfort and general welfare of the people through regulations governing all signs. The sign regulations are intended to permit an efficient, effective, and aesthetic means to maintain an attractive and appealing appearance in the community, including appearance along streets and on property used for residential, commercial, industrial, institutional, and public development and the air space above and between such developments. These regulations are intended to permit adequate signage for effective communication while minimizing or preventing visual clutter and visual pollution which can be caused by signage. It is not the purpose or intent of this sign subchapter to regulate the message displayed on any sign; nor is it the purpose or intent of this subchapter to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this subchapter is to:

      (1)   Regulate the number, location, size, type, illumination, and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.

      (2)   Maintain, enhance, and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.

      (3)   Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics.

      (4)   Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

   (B)   Findings. The City Council hereby finds as follows:

      (1)   Exterior signs have a substantial impact on the character and quality of the environment.

      (2)   Signs provide an important medium through which individuals may convey a variety of messages.

      (3)   Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

      (4)   The city's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the city has had a positive impact on traffic safety and the appearance of the community.

(Ord. 2013-05, passed 5-20-2013)

   The following signs are exempt from the provisions of this subchapter:

   (A)   Signs up to 8 square feet in size.

   (B)   Temporary signs pertaining only to a property upon which it is displayed. Such signs shall not exceed 10 square feet for residential property or 40 square feet for other properties. One sign shall be permitted for each lot and must be removed within 30 days.

(Ord. 2013-05, passed 5-20-2013)

   The following signs are prohibited in the zoning districts, in the manner prescribed as follows:

   (A)   Flashing signs and signs with zooming, twinkling, sparking, or flashing illumination are prohibited in all districts.

   (B)   All signs are prohibited on or over the public right-of-way or right-of-way easement, unless permitted by the City Council or governing roadway jurisdiction.

   (C)   Illuminated signs emitting a beam consisting of a collection or concentration of rays of light are prohibited in all districts. This includes, but is not limited to, search lights, beacons and strobe lights.

   (D)   Roof top signs are prohibited in all districts.

   (E)   Rotating signs are prohibited in all districts.

   (F)   Billboards are prohibited in all districts.

   (G)   Off-premises commercial signs are prohibited in all districts.

   (H)   No sign shall be allowed that prevents ingress or egress from any door, window, or fire escape.

   (I)   Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. No sign shall be placed so as to distract or interfere with traffic visibility or traffic control.

   (J)   Mobile signs.

   (K)   Signs shall only be allowed to be attached to fences in residentially zoned districts provided the following conditions are met:

      (1)   The sign is attached to a permanent, permitted fence.

      (2)   The sign is attached by the owner of the property or by the written permission of the owner.

      (3)   The size of the sign shall not exceed the surface area or dimensions of the fence to which it is attached.

      (4)   No sign attached to a fence shall be illuminated.

      (5)   No more than 1 temporary sign/banner is allowed on a fence at any 1 time, per individual street frontage.

      (6)   The maximum size of permanent signage attached to a fence in a residential district shall not exceed 8 square feet.

      (7)   The maximum aggregate sign area for temporary signs § 154.248(B) attached to fences is as follows:

         (a)   Residential district lots to up to 21,780 square feet: 10 square feet of signage.

         (b)   Residential district lots over 21,780 square feet: 32 square feet of signage.

         (c)   Residential district lots over 100,000 square feet may display up to 500 square feet of temporary signage on a fence, with the maximum square footage of any 1 sign not to exceed 250 square feet, provided the conditions of a conditional use permit are met, the signs are not visible from the public right-of-way, and the signs do not constitute a public hazard or safety concern.

(Ord. 2013-05, passed 5-20-2013)

   Signs that are not prohibited signs are a permitted accessory use in all districts, subject to the following regulations and the standards set forth in TABLE A SIGN HEIGHT AND AREA REQUIREMENTS.

   (A)   All signs along state and federal highways shall conform to state and federal sign regulations.

   (B)   Sign maintenance.

      (1)   Painting. The owner of any sign shall be required to have such a sign properly painted including all parts and supports of the sign, unless such parts or supports are galvanized or otherwise treated to prevent rust. This shall also apply to murals.

      (2)   Area around signs. The owner, or lessee, of any sign or the owner of the land on which the sign is located shall keep the grass, weeds or other growth cut and the area between the sign and the street and the area within 6 feet from the ends of the sign, free from refuse.

      (3)   Obsolete signs. Any sign which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or land upon which the sign may be found, within 10 days after written notice from the Zoning Administrator.

      (4)   Unsafe or dangerous signs. Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety shall be considered a public nuisance and shall be taken down and removed by the owner, agent or person having the beneficial use of the building, structure or land upon which the sign is located, within 10 days after written notification from the Zoning Administrator.

   (C)   Murals are permitted in all districts.

   (D)   Parking areas. Signs shall not be placed in or restrict access to required parking spaces or loading berths.

   (E)   Sign as a structure. A sign is a structure or a part of a structure for the purpose of applying yard regulations.

   (F)   Symbols, statues, sculptures and integrated architectural features on buildings may be illuminated provided the direct source of light is not visible from the public right-of-way or adjacent residential property.

   (G)   Freestanding signs. Not more than 1 commercial-content based free standing sign shall be permitted on an individual street frontage on a lot.

   (H)   Flags may be displayed upon a lot. Flag pole height must comply with the height regulations of the applicable zoning district. No more than 3 flags shall be displayed in a residential district.

   (I)   No sign shall have more than 2 faces.

(Ord. 2013-05, passed 5-20-2013)

   The height of the sign shall be measured from the existing grade except for the following: if elevations of the centerline of the nearest frontage street are provided by the sign applicant, this point of elevation may be used rather than existing grade.

(Ord. 2013-05, passed 5-20-2013)

   (A)   For free-standing signs, the area within the sign frame shall be used to calculate the square footage.

   (B)   Square footage of signs mounted directly on a wall, window, or other structural surface without a sign frame shall be determined by drawing a box around the outermost periphery of letters or graphics. The square footage shall be that of the box surrounding the said letters or graphics.

   (C)   Each surface used to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage.

(Ord. 2013-05, passed 5-20-2013)

   (A)   All commercial signs must comply with the accessory structure setback yard regulations applicable to that zoning district; provided that a sign and its superstructure may extend into the required setback yard areas a distance not to exceed 18 inches, in the C-2 Central Business District. Signs can be placed on the face of legally existing canopies or on the front or side walls of legally constructed buildings which do not meet the current ordinance requirements relative to front and side yards.

   (B)   All signs in the R-1, R-2 and R-3 Districts shall be set back a minimum of 5 feet from all property lines. In the C-1, C-2, I-1 and I-2 Districts free-standing or pole signs shall be setback a minimum of 5 feet from the property line and a minimum of either 5 feet or a distance equal to the height of the sign, whichever is greater, from the side property lines. Signs attached to fences in the residential district may encroach within the required setback provided they do not obstruct vision at an intersection or otherwise constitute a hazard to public safety.

   (C)   Signs on corner lots shall be setback 25 feet from the edge of the rights-of-way of intersecting streets so as to preserve the sight triangle. The sight triangle is the area of visibility required on a corner to allow for the safe operation of vehicles, pedestrians and cyclists in the proximity of intersecting streets, sidewalks and bicycle paths. The city may require a greater setback because of public safety reasons that may include, but not be limited to, the following concerns: vehicle sight-distances, distance from an intersection, or function of the adjoining right-of-way. No sign shall be placed as to obstruct vision at an intersection or to otherwise constitute a hazard to public safety.

   (D)   No sign shall be located closer than 5 feet from a residentially zoned property.

   (E)   No sign shall be placed on a public right-of-way or any publicly owned property including boulevard trees and utility poles.

(Ord. 2013-05, passed 5-20-2013)

   (A)   Project information signs, also known as construction signs, which denote the architect, engineer, contractor or owners when placed upon a work site. Such signs shall be removed within 10 days after completion of construction. Project information or construction signs are regulated as follows:

      (1)   Project information or construction signs less than 40 square feet per face and less than 10 feet in height are exempt from the setback requirement.

      (2)   Project information or construction signs are exempt from the total sign area requirements.

      (3)   Project information or construction signs shall be removed prior to the issuance of the final occupancy permit.

   (B)   Temporary signs. Temporary signs are regulated as follows:

      (1)   Up to 4 temporary signs may be permitted on a lot for up to 30 days each in any calendar year. Temporary political signs, construction signs and real estate signs are exempt from these limitations.

      (2)   Temporary signs which are 10 square feet or smaller on residential properties or 40 square feet or less on other properties shall not require a sign permit provided there is only 1 sign per property and it is displayed for 30 days or less. All other temporary signs shall require a temporary sign permit. The maximum square footage of all temporary signs on a parcel shall not exceed 60 square feet, unless a conditional use permit is granted for greater square footage.

      (3)   The advertisement contained on any temporary sign shall pertain only to the business or activity conducted on or within the premises on which such sign is erected or maintained.

      (4)   Temporary signs shall not be illuminated.

      (5)   Banners placed on non-residential private property:

         (a)   Grand openings: Up to 2 temporary banners, with a total 30 square feet each may be displayed for up to 30 days, through the issuance of a temporary sign permit.

         (b)   Special events: In addition to banners for grand openings, up to 2 banners for special events may be displayed, provided they do not exceed a total of 30 square feet each in size and are displayed for no more than 60 days in aggregate per calendar year. The banners must be affixed to a building or in compliance with lot and setback requirements and obtain a temporary sign permit.

         (c)   Banners in non-residential zoning districts: One banner per street frontage, with a maximum of 2 banners is permitted in non-residential zoning districts provided they are no more than 30 square feet each and do not cover significant architectural features on buildings. They may be displayed for up to 30 days, through the issuance of a temporary sign permit.

   (C)   Directional signs. A directional sign placed in the setback shall not exceed 8 square feet in sign area per face or 42 inches in height and shall not display any advertising. Trailblazing signs to provide directions to public institutions may be permitted upon recommendation of the Planning Commission and approval of the City Council.

   (D)   MNDOT logo signs, general motorized signs and/or directional signs. Freestanding signs located in right-of-way or on properties near the intersections of Highway 169 which identify tourist-oriented businesses such as gasoline service stations, restaurants, motels and regional commercial uses, as permitted by M.S. §§ 160.292 through 160.297. These signs, and MNDOT required trailblazing signs, may be allowed along TH 282 and Highway 21, only as an extension of MNDOT requirements, in locations designated by MNDOT, with the written permission of the land owner. Necessary permits shall be obtained from MNDOT prior to installation of the signs.

   (E)   Subdivision monument signs. A maximum of 2 monument signs per entrance into any residential or real estate development is permitted. These signs shall not exceed 8 feet in height or 25 square feet per side, and must be set back at least 10 feet from the right-of-way. Monument signs shall not be included in the calculation of aggregate sign area for any lot. A monument sign may be externally illuminated. Subdivision monument signs shall be reviewed with the preliminary plat approval, and on-going ownership and maintenance of the sign shall be specified as a condition of approval.

   (F)   Subdivision real estate signs. A temporary freestanding sign for the purpose of announcing or promoting of a new residential, commercial or industrial project development is allowed, provided that each residential project contains at least 6 dwellings or lots. One such sign is permitted for each major thoroughfare the project abuts, provided said sign is located on the project development property. Signs shall be setback at least 130 feet from any preexisting structure. The sign is to be removed within 2 years of signing of the final plat or when the project is 75% sold out or rented, whichever is sooner; and each sign shall not exceed the following size limitations: Project area under 20 acres may have a sign up to 48 square feet. Project areas over 20 acres may have a sign up to 100 square feet.

   (G)   Electronic message boards or dynamic signs. All electronic message boards (EMBs) must meet all the requirements of this section.

      (1)   The maximum height of any freestanding EMB that is not attached to or part of a multipart freestanding sign is 8 feet. Where an EMB is attached to or part of a multi-part freestanding sign, the maximum sign height will be determined according to the maximum permissible height of the sign type of which the EMB is a part.

      (2)   The maximum area of an EMB sign shall not exceed 50% of the allowable sign square footage. As an EMB sign is a form of reader board, the EMB sign square footage may not be coupled with any other form of reader board.

      (3)   EMBs may be used for all or part of an on-premise sign that displays a commercial or noncommercial message. EMBs may not display off-premises commercial advertising.

      (4)   No flashing light is allowed on any EMB.

      (5)   All EMB signs shall be antiglare. All EMBs must be equipped with an automatic dimmer device.

      (6)   As measured at the property line, the maximum light emanation from an EMB sign shall be no greater than 2 foot candles.

      (7)   EMB signs must not cast light on adjacent residential properties, regardless of zoning.

      (8)   No EMB signs are allowed within the C-2, Central Business District, or facing historic district, with the exception of a sign no greater than 2 feet long by 6 inches wide, which may be mounted inside the building. Dynamic or electronic message signs shall not be allowed on free standing signs or mounted on the exterior of a building in the C-2 District.

      (9)   Any malfunctioning EMB must be turned off or display a blank screen until repaired.

      (10)   All electrical equipment used to operate or install an EMB must be Underwriters Laboratory (UL) listed.

      (11)   All EMB signs must meet the State Electric Code.

      (12)   All EMB signs shall be kept in good operating condition and maintained with good external appearance.

      (13)   If any non-conforming existing EMB sign is damaged so that repairs would cost as much as 60% of the value of the sign, the sign may be repaired only if it is brought into conformance with this chapter.

(Ord. 2013-05, passed 5-20-2013)

   Within the RR, R-1, R-2, R-3, and R-4 Districts the following signs are permitted subject to the area and height limits set forth in Table A:

   (A)   One nameplate sign for each dwelling, which shall not exceed 2 surfaces. Such sign may indicate the name of the occupant, address of the occupant, and the type of home occupation, if any.

   (B)   Permitted uses which are not residential may have 1 sign which shall not exceed 8 square feet in area per surface except as provided in Table A. Signs may be permitted by conditional use permit for public parks and playground, churches, synagogues, public libraries, public museums, public art galleries, public and parochial schools, municipal buildings, golf courses, country clubs, community centers, colleges, universities, private schools, hospitals, and sanitariums, based on the following design criteria and other conditions the Council may require in its discretion:

      (1)   Size. The size shall be proportional to the size of the facility, need for signage, and frontage on street, location, visibility, and development in the area. The maximum size per street frontage shall not exceed 60 square feet per sign surface with a maximum area of 120 square feet per single sign.

      (2)   Height. No freestanding sign shall exceed 15 feet in height.

      (3)   Lighting.

         (a)   Lighting shall be indirect or it shall be backlighting.

         (b)   Exposed neon lighting, flashing illuminated, and/or rotating illuminated signs shall be prohibited.

      (4)   Design. Signs attached to the building shall be integrated with the building design and architecture in terms of materials, colors, lighting and placement; signs not attached to the buildings shall be architecturally treated and coordinated with the principal building by use of compatible materials and design.

      (5)   Location. No freestanding sign shall be located less than 25 feet from any street right-of-way line and signs under this section are not subject to setback requirement based on building height.

      (6)   Sign purpose. The principal purpose of the sign permitted under this section shall be to identify the public or institutional use made of the property.

   (C)   Subdivision monument signs are permitted, provided they meet the conditions identified in § 154.248(E).

(Ord. 2013-05, passed 5-20-2013)

   (A)   The maximum aggregate sign area in commercial districts is as follows:

      (1)   C-1, Neighborhood Commercial District Lots 10,000 square feet or less: 2,000 square feet, with a maximum square footage for any 1 sign of 100 square feet.

      (2)   C-1, Neighborhood Commercial District Lots 10,001 square feet to 20,000 square feet: 250 square feet with a maximum square footage for any 1 sign of 150 square feet.

      (3)   C-1, Neighborhood Commercial District Lots over 20,000 square feet: 300 square feet with a maximum square footage for any 1 sign of 200 square feet.

      (4)   C-2, Central Business District Lots 1 to 10,000 square feet: 250 square feet, with a maximum square footage for any 1 sign of 200 square feet.

      (5)   C-2, Central Business District Lots 10,001 square feet to 20,000 square feet: 300 square feet, with a maximum square footage for any 1 sign of 200 square feet.

      (6)   C-2, Central Business District Lots over 20,000 square feet: 350 square feet, with a maximum square footage for any 1 sign 300 square feet.

      (7)   C-3, Highway Commercial Lots 100,000 square feet or less in size: 400 square feet, with a maximum square footage for any 1 sign 300 square feet.

      (8)   C-3, Highway Commercial Lots over 100,000 square feet: 500 square feet, with a maximum square footage for any 1 sign of 300 square feet.

   (B)   In addition, the following regulations shall apply to the following signs which are permitted in commercial districts:

      (1)   Monument signs. One monument sign shall be permitted per lot or separate building pad that has street frontage in the C-3, Highway Commercial District, provided the sign shall not exceed 25 square feet or 8 feet in height.

      (2)   Wall sign or canopy.

         (a)   Wall signs or canopy signs shall not exceed 10% of the wall to which it is attached or a maximum 80 square feet, whichever is less, in the C-1, Neighborhood Commercial and C-2, Central Business District.

         (b)   C-3, Highway Business District: A maximum of 2 square feet of signage for every linear foot of the front of the building with a maximum 200 square feet. A maximum 1 square foot of

signage for each linear foot of building on wall that faces a street or public entrance that is not the front, with a maximum 100 square feet.

         (c)   For business complexes: A maximum 2 square feet per linear foot of building wall with a maximum 200 square feet per tenant, whichever is less for a front wall or 1 square foot per linear foot of building with maximum 100 square feet per tenant, whichever is less for a wall sign on a side other than the front.

      (3)   Free standing signs.

         (a)   Free-standing signs may be allowed in the C-1, Neighborhood Commercial District, provided the conditions of a conditional use permit are met. The maximum free-standing sign in the C-1 District shall be 12 square feet per sign face with a maximum 25 feet in height.

         (b)   Free-standing signs may be allowed in the C-2, Central Business District, provided the conditions of a conditional use permit are met. The maximum free-standing sign in the C-2 District shall be 12 square feet per sign face with a maximum 25 feet in height.

         (c)   C-3, Highway Commercial District:

            1.   A maximum 150 square feet per side for double sided signs with a maximum 25 feet in height.

            2.   One sign is allowed per lot; except that business complexes shall be allowed 1 sign per street frontage.

            3.   Gas stations are allowed an additional canopy sign not to exceed 100 square feet.

      (4)   Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or incombustible material, provided the sign does not exceed 6 square feet in area.

      (5)   Window signs. Window signs shall not occupy more than 50% of the window area, unless approved through a conditional use permit. Other permanent signs located on or within building windows shall not occupy more than 10% of the available window area. Total signage within any window shall not be greater than 50% of the available window area, unless approved through a conditional use permit. Window signs shall be considered the same as wall signs and count toward the total square footage allowed under this section.

      (6)   In the C-2, Central Business District and C-3, Highway Commercial District portable or sandwich signs may be allowed provided they are directly in front of the establishment during hours of operation only, provided they allow 4 feet of clearance on a sidewalk and must not interfere with pedestrian traffic.

      (7)   Projecting awnings with signs.

         (a)   Projecting awnings are permitted in the C-1, Neighborhood Commercial and C-2, Central Business District provided there is a minimum 8 feet of clearance from the bottom of the awning to the sidewalk or ground below and it projects no more than 3 feet. The maximum square footage of signage on an awning shall be 12 square feet.

         (b)   Projecting awnings are permitted in the C-3, Highway Commercial District provided there is a minimum 8 feet of clearance from the bottom of the awning to the sidewalk or ground below and it projects no more than 3 feet. The maximum square footage of signage on an awning shall be 10% of the area it is attached or a maximum 80 square feet, whichever is less.

   (C)   In the C-2, Central Business District, signs shall be subject to the Central Business District Design Standards and reviewed by the Zoning Administrator to ensure compatibility with the color palette.

(Ord. 2013-05, passed 5-20-2013)

   (A)   The maximum aggregate sign area in industrial districts is as follows:

      (1)   Industrial district lots 20,000 square feet or less in size: 350 square feet, with a maximum square footage for any 1 sign 300 square feet.

      (2)   Industrial district lots over 20,000 square feet in size: 400 square feet, with a maximum square footage for any 1 sign 300 square feet.

   (B)   In addition, the following regulations shall apply to the following signs which are permitted in industrial districts:

      (1)   Canopy sign. Canopy signs shall not exceed 10% of the wall to which it is attached or a maximum 80 square feet, whichever is less.

      (2)   Monument signs. One monument sign shall be permitted per lot or separate building pad that has street frontage in an industrial district, provided the sign shall not exceed 25 square feet or 8 feet in height.

      (3)   Wall signs. Wall signs shall not exceed 20% of wall area where sign is located or a maximum 150 square feet, whichever is less.

      (4)   Free standing signs. One free standing sign shall be allowed per lot of building pad. The sign shall not exceed 150 square feet per side with a maximum 25 feet in height.

      (5)   Memorial signs or tablets, names of buildings and date of erection when cut into or attached to any masonry surface or incombustible material, provided the sign does not exceed 6 square feet in area.

(Ord. 2013-05, passed 5-20-2013)

   The property owner shall be responsible for allocating the allowable sign area among the tenants of multi-tenant buildings. In the event that the owner does not allocate the sign area, the city may do so based on the relative floor area or tenant frontage.

   (A)   Unified shopping center/multiple-tenant buildings. In a unified shopping center or multiple-tenant building, the total surface area of all individual signs on the buildings shall not exceed the maximum square footage requirements outlined in Table A. As a part of this maximum square footage the center or building may erect 1 freestanding or monument sign, which identifies the name and location of the building and its tenants. For shopping centers or multiple tenant buildings, 1 freestanding or monument sign may be permitted per street right-of-way, provided it meets the requirements of maximum surface area and height outlined in Table A.

      (1)   Master sign plan. No permit shall be issued for an individual sign requiring a permit in a commercial and/or industrial zoning district where more than 1 business or industry will be located until a master signage plan has been approved by the city. The master signage plan is intended to control total sign area and sign placement so as to help eliminate incongruities as tenants/occupants change.

      (2)   The owner/agent proposing a commercial or industrial development plan, site or plot plan, and/or planned unit development with more than 1 individual business or tenant any shall submit a master signage plan containing the following information:

         (a)   A scaled site plan showing location of buildings, parking lots, driveways and landscaped areas and an accurate indication on the site plan of the proposed location of present and future signs of any type, whether requiring a permit or not.

         (b)   Scaled color drawings clearly showing location of sign on building elevation.

         (c)   Computation of the maximum total sign area, the maximum area for individual signs and the height of signs.

         (d)   The maximum numbers of signs affixed to a building by each business within the building shall be controlled by the master signage plan.

         (e)   Other provisions of the plan may contain such other restrictions as the owner of the development or building may reasonably determine.

         (f)   The plan shall be signed by all owners or their authorized agents in such form as required by the city or as a part of applicable and active restrictive covenants.

         (g)   A master signage plan may be amended by filing administratively a new master signage plan that conforms to all requirements of this chapter.

         (h)   After approval of a master signage plan, no sign shall be erected, placed, painted or maintained, except in conformance with approved master signage plan and such plan may be enforced in the same way as provisions of this chapter. In case of any conflict between the provisions of such a plan and this Code, the Code shall govern.

(Ord. 2013-05, passed 5-20-2013)

   For property located in a PUD District, signs shall be permitted and regulated according to the final PUD plan and related documents. If the PUD plan does not contain an approved sign plan, the signs shall be regulated by the zoning district regulations existing on such property immediately prior to the zoning change on said property to PUD District.

(Ord. 2013-05, passed 5-20-2013)

   (A)   Every person shall obtain from the city a permit before erecting, placing, rebuilding, reconstructing, structurally altering, enlarging or relocating any sign or awning which is not specifically exempted by these regulations from this permit requirement. An application for a permit shall be submitted to the Zoning Administrator in accordance with the permit procedures of the City Code and the requirements of this section. The application shall include the information required by the form provided by the city and shall be accompanied by appropriate documents and plan or plans drawn to scale which legibly reflect the following:

      (1)   The location of proposed and existing signs in relation to property lines and existing and proposed building based upon a site plan approved by the city which accurately reflects current conditions on the property.

      (2)   The design, full dimensions, and specifications including the method of construction, and attachment to a building or placement in the ground.

      (3)   Stress calculations prepared by a certified engineer, where applicable, indicating that the structure's design for dead load and wind pressure in any direction in the amount required by regulations.

      (4)   Such other information as the Zoning Administrator of Building Inspector may be required to show full compliance with this chapter and other applicable laws or codes of the city. The Zoning Administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance.

   (B)   The Zoning Administrator shall, upon approval, issue a written permit authorizing the proposed sign and related work. The permit shall, where applicable, specify the duration of the permit and any special conditions or requirements related to the construction of the sign. Expiration and renewal of permits shall be in accordance with the provisions of the Minnesota State Building Code for building permits.

(Ord. 2013-05, passed 5-20-2013)

   (A)   All signs shall be constructed and maintained in a manner where they will be safe to the general public.

   (B)   All permanent signs shall be constructed to meet International Building Code standard for wind resistance, dead loads, wind loads and other applicable sections of the International Building Code. Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging or a menace to persons or property.

   (C)   All electrical wiring of signs shall comply with the provisions of the Minnesota State Electric Code, as may be amended from time to time.

(Ord. 2013-05, passed 5-20-2013)

   Notwithstanding any other provisions of this sign subchapter, all signs of any size containing non-commercial speech pertaining to the election may be posted from August 1 in any general election year until 10 days following the general election and 13 weeks prior to any special election until 10 days following the special election.

(Ord. 2013-05, passed 5-20-2013)

   It is recognized that signs exist within the zoning districts which were lawful before this sign ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this section or future amendments. It is the intent of this sign subchapter that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this sign subchapter to permit legal nonconforming signs existing on the effective date of this sign subchapter, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions:

   (A)   No sign shall be enlarged or altered in a way which increases its nonconformity. This shall not prohibit routine maintenance of the sign.

   (B)   Should such sign or sign structure be destroyed by any means to an extent greater than 50% of its replacement cost and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this chapter.

   (C)   Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved.

   (D)   No existing sign devoted to a use not permitted by the Zoning Ordinance in the zoning district in which it is located shall be enlarged, extended, or moved except in changing the sign to a sign permitted in the zoning district in which it is located.

   (E)   When a structure loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure.

(Ord. 2013-05, passed 5-20-2013)

   The owner of any sign which is otherwise allowed by this sign subchapter may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary.

(Ord. 2013-05, passed 5-20-2013)

   ADVERTISING SIGN. A sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located; a billboard.

   ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

   AREA, SIGN. The area in square feet of all faces of the sign panel, including the frame. Each message shall be considered to be a sign. If individual letters are mounted directly on a wall or canopy without a frame, the sign area shall be the area in square feet of the smallest rectangle which encloses the sign message or logo. The sign area of a free standing multiple face or volumetric sign shall be determined by totaling the area of all faces. The maximum aggregate or total sign area on a lot shall include the sign area of all signs.

   BACKLIGHTING, SIGN. An illuminated sign where the light source which illuminates the wall behind individual sign letters is hidden from view. The sign letters are opaque and appear as a silhouette against the lighted surface.

   BANNER. Any sign of lightweight fabric or similar material that is not permanently mounted to a pole or a building at 1 or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

   BEACON. Any light with 1 or more beams directed into the atmosphere or directed at 1 or more points not on the same zone lot as the light source; also, any light with 1 or more beams that rotate or move.

   BILLBOARD. A sign which is used for the primary purpose of selling advertising space or a product, service, business, or event which is not offered for sale or rent or does not take place on the premises on which the sign is located.

   BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

   CANOPY. Any structure of canvas, other fabric, plastic, metal or wood or other material, which is permanently attached to any exterior building wall in any manner, intended to shield any wall, window, door, sidewalk or roadway from sun, rain or any other element, and which is not retractable such as an awning.

   CANOPY SIGN. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

   CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message cycles more than 8 times per day shall be considered an animated sign and not a changeable copy sign for purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this chapter.

   COMMERCIAL MESSAGE. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

   DYNAMIC SIGN. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking, or animated display or portion thereof and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays.

   DIRECT LIGHTING, SIGN. An illuminated sign where the source of light is visible.

   ELECTRONIC MESSAGE BOARD. A sign or portion thereof that displays electronic, non-pictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable message boards include computer programmable, microprocessor controlled electronic displays. Electronic changeable message boards do not include official time and temperature signs. Electronic changeable message boards include projected images or messages with these characteristics onto buildings or other objects.

   FLAG. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.

   FLASHING SIGN. Any illuminated sign which emits an intermittent or flashing light, or creates the illusion of intermittent or flashing light by means of animation which is not a "changing sign" as defined above.

   FREE STANDING SIGN. A sign which is self-supporting usually by uprights placed on or in the ground.

   HEIGHT, SIGN. The distance measured perpendicularly from the highest point of the sign structure to the grade level of the ground directly below that point or the grade level of the center line of the nearest adjacent roadbed, whichever grade level is higher.

   ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines which are either internally or externally illuminated by an artificial light source.

   INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking", "entrance", "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

   INDIRECT LIGHTING. An illuminated sign where the sign reflects the light from an external source.

   MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

   MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.

   MOBILE SIGN. Signs on movable devices in which the primary purpose of the device is to be a sign. This includes sign painted or attached to vehicles and/or trailers where the vehicle and/or trailer is parked on a property and not intended to be moved or where the primary purpose.

   MONUMENT SIGN. A sign that is supported by a solid base (other than poles) such that the bottom of the sign face is 3 feet or less above grade and no air space is visible within or between any portion of the sign display area and sign structure.

   MURAL. Any mosaic, painting, or graphic art or combination thereof which is applied to a building.

   NONCONFORMING SIGN. Any sign that does not conform to the requirements of this chapter.

   OFF-PREMISE SIGN. Any sign that advertises an establishment, merchandise, service, or entertainments which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g. billboards, or outdoor advertising.

   ON-PREMISE SIGN. A sign whose message is related to the premises or the activity and use occurring on the premises on which the sign is located.

   PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. A pennant for purposes of this chapter is considered part of temporary signage.

   PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or I-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; feather signs with or without text and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

   PROJECTING SIGN. Any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches beyond the surface of such building or wall.

   

   RESIDENTIAL SIGN. Any sign located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms to all requirements of the zoning ordinance.

   ROOF SIGN. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.

   ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than 6 inches.

   ROTATING SIGN. A sign or portion of a sign which in any physical part or in total turns about on an axis, rotates, revolves or is otherwise in motion, including without limitation a multi-vision sign.

   SIGN. Any written message, pictorial presentation, number, illustration, decoration, flag, banner or other device that is used to announce, direct attention to, identify, advertise or otherwise make anything known. The term SIGN shall not include landscaping or the architectural embellishment of a building not intended to communicate information. For purposes of maintenance or removal, the term SIGN shall also include frames and support structure.

   SUBDIVISION MONUMENT SIGN. A permanent sign located at the entrance into any real estate development which identifies the name of the plat or subdivision by name.

   SUBDIVISION REAL ESTATE SIGN. A temporary sign located at the entrance into any real estate development which identifies the name of the plat and identifies lots for sale.

   SUSPENDED SIGN. A sign that is suspended from the under-side of a horizontal plane surface and is supported by such surface.

   TIME AND TEMPERATURE SIGN. Any sign which displays exclusively current time and temperature information.

   WALL SIGN. Any sign attached parallel to, but within 6 inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only 1 sign surface.

   WINDOW SIGN. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

(Ord. 2013-05, passed 5-20-2013; Am. Ord. 2016-02, passed 2-1- 2016)

   If any section, subsection, sentence, clause, or phrase of this subchapter relating to the regulation of signs within the city is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this subchapter relating to the regulation of signs within the city. The City Council hereby declares that it would have adopted Ordinance 2013-05 in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any 1 or more sections, subsections, sentences, clauses, or phrases be declared invalid.

(Ord. 2013-05, passed 5-20-2013)