The purpose of this article is to establish regulations for activities that may occur in many zoning districts or in association with a variety of land uses, including parking, signage, and activities within yards, to promote the orderly development or use of land and minimize conflicts among land uses.

The provisions of this article shall be applied to all zoning districts and shall be in addition to the requirements in any specific zoning district. A permit shall not be issued unless all applicable general regulations are met.

Permits are required for all changes in use and all development activities, with the exception of signs, which shall be governed by the specific requirements of LEC 105.12.430 as may be applicable.

Essential services, as defined by this article, are permitted in any district, provided that a site plan for any new or expanded service facility is filed with the planning department. The city council may require site plan review of large facilities, upon the recommendation of the planning director.

1. Purpose. The purpose of this article is to provide for the regulation of fences in the city and to prevent fences from being erected that would be a hazard to the public, an unreasonable interference with the uses and enjoyment of neighboring property or are incompatible with existing uses and other zoning restrictions.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   Permanent fence means fences that are installed in a fixed or enduring manner that are not intended for a seasonal or temporary purpose.
   Temporary fence means fences that are installed and removed on a seasonal basis, such as snow fences, garden fences and seasonal recreational fences, such as hockey boards.
3. Permit required.
   1. Permanent fence. No permanent fence shall be erected without first obtaining a fence permit. Application shall be made to the planning director or their designee. The fee shall be established by the city's fee schedule. The planning director or their designee is authorized to issue a fence permit if the application indicates that the fence will be in compliance with this section. The board of adjustment and appeals shall hear and decide appeals when it is alleged that the planning director was in error. The appeals shall follow the procedure outlined in LEC 3.08.010.
   2. Temporary fence. Temporary fencing that complies with subsection (f) of this section and all other applicable provisions of this article shall be exempt from permit requirements.
4. General requirements. All fences erected in the city are subject to the following requirements:
   1. Maintenance. All fences shall be properly maintained with respect to appearance and safety. Fences that remain in a state of disrepair for an extended period of time shall constitute a nuisance per LEC 9.28.030.
   2. Face of fence. The finished side of any fence or wall must face abutting property or street rights-of-way.
   3. Fence materials. Permitted fence materials shall be limited to brick, stone, wood, wrought iron, vinyl, composite material, steel, aluminum, chain link, and in cases of temporary fencing only, materials that are consistent with temporary fencing as regulated under subsection (f) of this section.
   4. Traffic obstruction. No fence or wall shall obstruct a motorist's or a pedestrian's safe view from the driveway or street.
   5. Location.
      1. Fences may be installed on any portion of a lot subject to the height restrictions of subsection (e) of this section and may be installed up to the property line. Any portion of the fence and all footing material shall by fully on the respective property and not encroach or cross over onto the neighboring property. It is also the responsibility of the property owner to have the property lines identified.
      2. All pertinent property pins shall be visible upon inspection for fences installed within one foot (12 inches) of a property boundary.
      3. In the case of a dispute, the city may require a survey to establish the boundary line of a property.
   6. Easement encroachment. An easement encroachment agreement must be approved by the planning director or his designee after review and approval from the city engineer or his designee, along with a fence permit, for any fence that will be installed within a city easement.
   7. Swimming pools. All swimming pools shall be enclosed with required fencing per LEC 105.08.160.
   8. Pipeline and storm drain. Where any city owned infrastructure such as storm drain, sanitary, water, or storm sewer pipe is located the following standards apply:
      
      1. No fences are permitted to parallel a pipeline within 10 feet on either side.
         
      2. Fences that intersect a pipeline must have a gate or removable panels equal to 10 feet.
         
      3. Fences must maintain a 10 foot setback from storm drains.
         
5. Fence height and design.
   1. Fences within front and side (corner) yards. Any fence within a front or side (corner) yard setback or any required setback form a public right-of-way may not exceed forty-eight (48) inches (4 feet) in height and must be 50 percent open to air and light. The fence must also be setback twenty (20) feet extending from the front corner lot pin or ROW.
   2. Residential and mixed-use districts. No fence shall exceed six feet in height, and shall be subject to the design requirements of subsection (e)(3) of this section.
   3. Commercial and industrial districts. No fence or wall shall exceed eight feet in height. Fences that exceed eight feet in height require a conditional use permit.
6. Temporary fences.
   1. Height and performance. Temporary fences shall comply with the fence height standards of subsection (e) of this section. Temporary fences shall be at least 40 percent open to air and light. If unable to be at least 40 percent open to air and light, temporary fences shall not exceed forty-eight (48) inches (4 feet) in height. The fence must also be setback twenty (20) feet extending from the front lot pin or ROW.
   2. Duration and limitation.
      1. No snow fence or posts shall be installed prior to October 1, and must be removed prior to April 15.
      2. Seasonal recreational fencing intended for winter sports, such as hockey or broomball shall not be installed prior to October 1, and must be removed prior to April 15.
   3. Location. Snow fences shall be set back at least 50 feet from any south or east property line, or such additional distance as may be required to prevent the accumulation of snow on public streets or adjoining property, as determined by the public works director.
7. Prohibited fencing. Barbed wire and electric fencing are prohibited in platted areas.
8. Agricultural exemption. Fences constructed on parcels in excess of five acres for the keeping of horses; and fences constructed on parcels in excess of ten acres are specifically exempted from the provisions of this section. Any such agricultural fencing shall be at least 75 percent open to air and light.

1. Purpose. The intent of this section is to prevent or alleviate congestion and promote the public safety and welfare by establishing minimum requirements for off-street parking, and requiring that parking areas are located and constructed in a manner that provides for optimum visibility to vehicles entering and exiting said parking area, accessibility, and safety. It is the responsibility of property owners to provide adequate parking to meet their specific needs.
2. Applicability. Off-street parking in accordance with this section shall be provided for all new uses and all expansions of existing uses in all districts. Parking requirements may be waived in the Village Mixed-Use District (VMX), recognizing the availability of on-street and shared parking facilities.
3. Location. All required off-street parking facilities shall be located outside of any street right-of-way, and as follows:
   1. Spaces accessory to one- and two-family dwellings shall be located on the same lot as the principal use served. Spaces within garages are counted toward the required number of spaces.
   2. Spaces accessory to multiple-family dwellings and nonresidential uses shall be located on the same lot as the principal use served or within 400 feet of the main entrance to the principal building served.
   3. Off-street parking located elsewhere than on the lot where the principal use being served is located shall be under the same ownership and control, either by deed or long-term lease, as the principal use. The owner of the principal use must file a recordable document with the city requiring permanent provision of off-street parking during the existence of the principal use.
   4. Off-street surface parking areas containing more than four parking spaces shall be located a minimum of 20 feet from the boundary of any adjacent lot zoned or used for residential purposes, with the exception of lots zoned Village Mixed-Use (VMX).
   5. Other parking in residential areas. Parking in residential areas (off-street and on-street) shall be limited to the use of the residents of those homes and their guests.
   6. Off-street parking in commercial areas. Off-street surface parking areas in commercial districts shall be located in a manner consistent with the setback requirements in LEC 105.12.930.
   7. Required off-street parking spaces shall not be utilized for open storage of goods or for the storage of vehicles which are inoperable or for sale or rent.
4. Parking area design and maintenance.
   1. Access to parking spaces. Each required off-street parking space shall open directly to an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to the parking space, as shown in Table 5-1, Minimum Parking Space and Aisle Dimensions, except where accessory to residential uses of up to four units.
   2. Maneuvering area. All parking areas except those serving one- and two-family dwellings on local streets shall be designed so that cars shall not be required to back into the street. If deemed necessary for traffic safety, turn-around areas may be required.
   3. Surfacing and drainage. All off-street parking areas shall be surfaced as follows:
      1. Single-family and two-family dwellings shall provide a durable surface with suitable drainage.
      2. In all residential, commercial and mixed-use districts, all areas intended to be utilized for parking space for five or more vehicles and associated driveways shall be paved with a durable surface, including, but not limited to, hot asphalt, bituminous or concrete.
      3. In industrial districts, all areas intended to be utilized for parking space and driveways shall be surfaced with materials suitable to control dust and drainage. Plans for surfacing and drainage for nonresidential uses shall be submitted for review and the final plan shall be subject to written approval.
      4. Storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement with an acceptable surface approved by the city engineer.
      5. Farm dwellings and farm operations are exempt from the paving requirement.
      6. City parks shall be exempt from the parking requirement if approved by the city council.
   4. Marking of parking spaces. All parking areas containing five or more spaces or containing angled parking shall be marked with painted lines at least four inches wide. Such markings shall be maintained in a clearly legible condition.
   5. Curbing. All open off-street parking areas designed to have head-in parking along the property line shall provide a bumper curb not less than five feet from the side property line or a barrier of normal bumper height not less than three feet from the side property line.
   6. Landscaping and screening. Parking areas shall be screened and landscaped as provided in LEC 105.12.480.
   7. General maintenance. Parking areas and driveways shall be kept free of dirt, dust, debris and waste. In winter months, required parking areas shall be cleared of snow and ice within a reasonable time.
   8. Accessible parking. Accessible parking spaces for the disabled shall be provided as required by the International Building Code.
5. Dimensions. The minimum dimensions for required parking spaces are shown in Table 5-1, Minimum Parking Space and Aisle Dimensions and Figure 5-1, Minimum Parking Dimensions Diagram. Table 5-1: Minimum Parking Space and Aisle Dimensions
   
   

   Angle (A)	Width (B)a	Curb Length (C)	Stall Depth (D)b	1 Way Aisle Width (E)	2-Way Aisle Width (E)
   0 (Parallel)	9'	22'	8'6"	14'	22'
   44°	9'	12'	18'9"	14'	22'
   60°	9'	9'10"	19'10"	18'	22'
   90°	9'	8'6"	18'	20'	22'
   a. For parking areas containing more than ten parking spaces, compact spaces may account for up to 20 percent of the total parking area required. They may be reduced in size to a width of eight feet and a stall depth of 12 percent less than (D) above, and must be grouped and signed appropriately
   b. Parking spaces that use an appropriately sized curb overhang over a landscaped island or buffer may be reduced in depth by 1 1/2 feet (1' 6"). A concrete curb or other means shall be provided to prevent parked vehicles from damaging plant materials.

   
   Minimum Parking Dimensions Diagram
   
   
6. Parking requirements. Accessory, off-street parking shall be provided as specified in Table 5-2, Specific Minimum Off-Street Parking Requirements, except as otherwise specified in this section.
   1. In addition to the requirements in Table 5-2, one parking space shall be provided for each commercial vehicle or vehicle necessary for the operation of the use that is maintained on the premises.
   2. Parking spaces for uses with multiple components, such as hotels with dining and conference facilities, shall be based on the sum of the parking requirements of the separate components. Shared parking standards may be used where applicable.
   3. Proof of parking. The planning commission may allow parking requirements for a particular use to be relaxed or lessened in response to an expected demand that is lower than the required standard in this section, provided that one of the following conditions exists:
      1. Sufficient open area is set aside on the parcel to meet the required standard, if determined to be necessary at a later date.
      2. If parking will be needed less than 25 percent of the time during typical hours of use, on-street parking accessible by sidewalk within two blocks of the site may be used in lieu of required off-street parking.
   4. Where a parking study is required, a qualified transportation engineer or transportation planner shall perform the study. The study shall contain information on the anticipated number of employees, customers, visitors, clients, shifts, events, or deliveries to the use, and may refer to other studies or similar situations elsewhere.
7. Shared parking. Joint use of required parking spaces is encouraged where two or more uses on the same or adjacent sites are able to share the same parking spaces because their parking demands occur at different times. The applicants must submit analysis showing that peak parking times of the uses will occur at different times and the parking area will be adequate for both uses. A legal instrument such as an easement or deed restriction that guarantees access to the parking for both uses shall be submitted.
8. Truck parking in residential areas. No commercially licensed trailer shall be parked or stored in a residential district except when loading, unloading, or rendering a service. Recreation vehicles and pickups are not restricted by the terms of this provision.
   
   Table 5-2: Specific Minimum Off-Street Parking Requirements
   
   

   Use	Minimum Parking Requirement	Notes
   Residential Uses
   Household Living
   Single-family detached dwelling	2 spaces per dwelling unit
   Two-family dwelling	1 space per 1-bedroom unit two spaces per 2-bedroom or larger unit. Single-family attached dwellings shall provide an additional ten percent of parking spaces for visitor parking. Multifamily dwellings shall also provide one visitor space per four units
   Single-family attached dwelling
   Multifamily dwelling		No fee shall be charged for required spaces
   Senior (elderly) housing	1 space per dwelling unit	If senior housing may be converted to general housing in the future, proof of additional parking shall be required
   Secondary dwelling	1 space per secondary dwelling unit
   Live-work unit	2 spaces per dwelling unit	At least one of the required spaces shall be accessible for client parking
   Mobile home park	2 spaces per dwelling unit
   Group Living
   Group home, group residential facility, halfway house, congregate housing	1 space per employee on the largest shift plus one visitor space for every four residents based on capacity
   Semi-transient accommodations	1 space per bedroom, plus one space for each full-time staff equivalent	Parking study required
   Public and Civic Uses
   Cemetery	As determined by the planning director
   College or university, other adult learning center	To be determined by the planning director based on parking study	Parking study required
   Community services	Parking equal to 30 percent of the capacity of persons or as determined by the planning director based on parking study
   Day care center (see under accessory uses for family day care)	1 space per employee on largest shift plus one space per seven students based on capacity; or one space per ten students if an off-street drop-off and pick-up space is provided
   School, public or private	1 space per staff member plus one space per five students of legal driving age based on design capacity	Existing schools not meeting this standard may be required to develop a parking management plan, but shall not be required to add the minimum number of spaces
   Public assembly	1 space per each four seats based on design capacity
   Religious institution, place of worship	1 space per each six seats or ten feet of pews in the main assembly hall	Existing institutions not meeting this standard may be required to develop a parking management plan, but shall not be required to add the minimum number of spaces
   Services
   Business center	Total of parking requirements for individual uses, excepting any that meet the shared parking requirements in LEC 105.12.410(g)
   Commercial kennel, commercial stable	1 space per employee on the largest shift plus one space per six animals
   Communication services	1 space per 400 square feet of gross floor area, plus one space per company vehicle stored on the site
   Educational services	1 space per staff member plus one space per five students of legal driving age based on design capacity
   Financial institution	1 space per 200 square feet of gross floor area
   Funeral home	1 space per 100 square feet of floor area in the main assembly room plus one space per staff member
   Transient accommodations, lodging	1 space per guest room, plus additional space for meeting or restaurant facilities	Meeting and restaurant facilities may require additional parking, based on square footage of each use as defined in this table
   Medical facilities	5 spaces per medical professional, or one space per 200 square feet of gross floor area
   Membership organization (clubs, lodges, etc.)	1 space per 300 square feet of gross floor area
   Nursing and personal care	1 space for each four beds, plus one space per employee on the largest work shift
   Offices	3 spaces per 1,000 square feet of gross floor area
   Personal services	1 space per 300 square feet of gross floor area
   Repair and maintenance shop	1 space per 400 square feet of gross floor area
   Self-service storage facility	1 space per 300 square feet of office or sales area	The apron in front of the storage units shall be wide enough for two cars to pass
   Trade shop	1 space per 300 square feet of office or sales area, plus one space per 3,000 square feet of storage area
   Transportation services	1 space per 300 square feet of office or sales area, plus one space per vehicle kept on premises
   Veterinary service	3 spaces per veterinarian, or one space per 200 square feet of gross floor area
   Food Services
   Drinking and entertainment	1 space per three customer seats or each 100 square feet of interior space (the greater), plus one space per 200 square feet exterior seating area.
   Drive-in restaurant, fast food restaurant, standard restaurant	1 space per three customer seats or each 100 square feet of interior space (the greater), plus one space per 200 square feet exterior seating area. Drive-throughs shall provide queuing space for at least three vehicles in advance of the menu board and three vehicles between the menu board and pick-up window
   Sales of Merchandise
   Garden center, building supplies sales	1 space per 250 square feet of gross floor area plus one space per 2,000 square feet of outside sales or display area
   Furniture and appliance sales	1 space per 800 square feet of gross floor area
   General retail	1 space per 250 square feet of gross floor area	Includes any retail uses not specifically listed in this table
   Shopping center	1 space per 250 square feet of gross floor area	Shared parking provisions (LEC 105.12.410(g)) are encouraged to be used where applicable
   Wayside stand	1 space per 400 square feet sales area	Spaces need not be paved, but shall be adequately separated and screened from the street and adjacent properties, as determined by the planning director
   Wholesaling	1 space per 250 square feet of indoor sales area plus one space per 2,000 square feet of storage area
   Automobile/Vehicular Uses
   Automobile maintenance services, commercial vehicle repair, gas station	1 space per 250 square feet of gross floor area used for sales or customer service plus two spaces per service bay	Service bay shall not be counted as a parking space
   Automobile parts/supply	1 space per 250 square feet of indoor sales area plus one space per 2,000 square feet of storage area
   Automobile rental	1 space per 250 square feet of gross floor area plus adequate storage space for rental vehicles maintained on site
   Car wash	1.5 spaces per bay, plus four stacking spaces per bay, plus one space per employee on the largest shift
   Vehicle sales and storage lots	1 space per 250 square feet of indoor sales area plus one space per 2,000 square feet of outside sales or display area and one space per 2,000 square feet of storage area
   Outdoor Recreation Uses
   Campgrounds and trailering	1 space per site, plus spaces required for other uses
   Golf course	5 spaces per hole plus additional space for meeting or restaurant facilities
   Marina	As determined by the planning director	Parking study may be required for large or multiple-use facilities
   Outdoor entertainment	As determined by the planning director
   Outdoor recreation facility	1 space per three persons based on maximum occupancy load, plus one space per employee on the largest shift or as determined by parking study	Parking study may be required for large or multiple-use facilities
   Parks and open areas	No requirement
   Restricted recreation	As determined by the planning director	Parking study may be required
   Swimming pool	1 space per 150 square feet of pool area
   Indoor Recreation/Entertainment
   Adult establishment	1 space per 250 square feet of gross floor area
   Indoor athletic facility	1 space per 250 square feet floor area plus two spaces per tennis or racquet games court and one space per 150 square feet of pool area
   Indoor recreation	Bowling alleys: five spaces per lane. Other facilities: one space per three persons based on maximum capacity
   Agricultural and Related Uses
   Agricultural production and services	No requirement
   Agricultural support	1 space per 300 square feet of indoor sales or office area plus one space per 1,000 square feet of outside sales or display area and one space per 2,000 square feet of storage area
   Forestry operations	As determined by the planning director
   Production, Processing and Storage
   Non-production industrial, light industrial, heavy industrial	1 space per 1,000 square feet gross floor area up to 20,000 square feet plus one space per 2,000 square feet in excess of 20,000 square feet, or per five regular employees, whichever is greater	Additional parking may also be required for office or retail space, as specified in this table. Includes other industrial uses largely carried on in enclosed buildings and not individually listed
   Motor freight and warehousing	1 space per 300 square feet of office or sales area, plus one space per 3,000 square feet of storage area
   Landfill, resource extraction, salvage/recyclable center	2 spaces per three employees on the largest shift, based on maximum planned employment	Includes other industrial uses largely carried on outdoors
   Utilities, Transportation and Communications
   Air transportation	As determined by the planning director
   Broadcasting or communication tower	No requirement
   Essential services	As determined by the planning director
   Local transit, railroad transportation	2 spaces per three employees on the largest shift, based on maximum planned employment
   Accessory uses
   Animals, domestic	No requirement
   Home occupation	No requirement unless specified in conditional use permit
   Bed and breakfast	1 space per guest room in addition to dwelling unit requirements
   Family day care, group family day care	1 space per employee not residing on the premises plus one drop-off space
   Kennel, private; stable, private	No requirement
   Interim Uses
   Interim use	As determined by the planning director

Off-street loading space shall be provided in all districts for any nonresidential use which will involve the receipt or distribution of materials or merchandise by trucks or similar vehicles and has a gross floor area of 5,000 square feet or more, in accordance with the following standards. Off-street loading area requirements may be waived in the Village Mixed-Use District (VMX).

1. Number. For facilities with less than 20,000 square feet gross floor area, a designated loading zone may be provided on-site, rather than constructing a loading berth. For facilities with 20,000 square feet gross floor area or greater, one off-street loading berth shall be provided every 30,000 square feet gross floor area or fraction thereof.
2. Location. All required loading berths shall be off-street. A loading berth shall be located at least 25 feet from the intersection of two street rights-of-way and at least 50 feet from a residential district unless within a building. Loading berths shall not occupy the required front yard setback.
3. Size. Unless otherwise specified in this chapter, a required loading berth shall be not less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of aisle maneuvering space.
4. Access. Each required loading berth shall be located with appropriate means of vehicle access to a street or public alley in a manner which will least interfere with traffic. Driveway design is specified in LEC 105.12.400.
5. Surfacing. All loading berths and access ways shall be improved with a durable material to control the dust and drainage.
6. Accessory use. Any space allocated as a loading berth or maneuvering area in accordance with this section shall not be used for the storage of goods, inoperable vehicles or required off-street parking.

1. Purpose and intent. The purpose of this section is to provide standards to safeguard life, health, and property and to promote the public welfare by regulating the design, area, number, construction, location, and installation of all signs referred to hereunder. The city council and planning commission of the city find that the visual environment has an effect on the welfare of the citizens of the city and that careful control of signage can protect and enhance the community. To carry out this general purpose, the regulations set forth herein are intended to:
   1. Protect the public from hazards that result from signs which are structurally unsafe, obscure the vision of motorists and/or compete or conflict with necessary traffic signals and warning signs.
   2. Preserve the land value of private property by ensuring the compatibility of signs with nearby land uses.
   3. Foster high quality commercial and industrial development and to enhance economic development of existing businesses and industries by promoting reasonable, orderly, attractive and effective signs that meet the need for business identification, advertising and communication.
   4. Encourage creative and well-designed signs that contribute in a positive way to the community's visual environment, express local character and help develop a distinctive image in the city.
   5. Recognize that signs are a necessary form of communication and provide flexibility within the sign review and approval process to allow for unique circumstances.
   6. Provide applicants with clear and consistent rules and regulations and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement.
      
      It is not, however, the purpose or intent of this section to regulate the message displayed on any sign.
      
2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   
   Abandoned sign means any sign remaining in place which for a period of 90 consecutive days or more that no longer advertises or identifies a bona fide business, product, service, idea, or activity or has not been properly maintained in accordance with the requirements of this section.
   
   Ancillary sign means a wall sign separate from and subordinate in area to the principal sign.
   
   Attention-attracting object means any streamer, pinwheel, pennant, flag, propeller, inflatable sign, statuary, tethered balloon, bunting, beacon, or other artificial device, figure, shape, color, sound, light or exhibit, whether live, animated, or still, that is intended to attract attention to the use or business being conducted on the site. Attention-attracting object does not include the flag of any governmental country.
   
   Awning means a roof-like cover consisting of fabric, plastic or structural protective cover that projects from the wall of a building which generally serves the purpose of shielding a doorway, entrance, window, or outdoor service area from the elements or to provide decorative distinction.
   
   Banner means a suspended sign made of a flexible material such as canvas, sailcloth, plastic, paper, or fabric of any kind, and intended to be displayed on a temporary basis. A decorative banner is a banner containing no message or logo that is displayed for the purpose of adding color or interest to the surroundings or to the building to which it is attached. A flag or canopy shall not be considered a banner.
   
   Beacon means a stationary or revolving light that flashes or projects illumination, single color or multicolored, in any manner that is intended to attract or divert attention.
   
   Billboard means an off-premises sign on which lettered, figured, or pictorial matter is displayed that has a display surface of 250 square feet or more.
   
   Canopy means a detachable, roof-like cover, supported from the ground or deck, floor or walls of a structure, for protection from the sun or weather.
   
   Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or the surface of the sign and on which the message changes less than eight times a day and less than once per hour. A sign on which the only copy that changes is an electronic or mechanical indication of price, time or temperature shall not be considered a changeable copy sign.
   
   Comprehensive sign plan means a complete signage plan for a building or lot that has been approved by the city.
   
   Copy means words, letters, numbers, figures, designs, or other symbolic representations incorporated into a sign.
   
   Directional sign, on-premises, means a sign erected for the purpose of indicating the required or preferred direction of vehicular, bicycle, or pedestrian traffic on private property.
   
   Directional sign, off-premises, means any sign that is displayed for the purpose of informing people of or guiding people to a particular place for a specified event.
   
   Directory sign means a sign which serves as a common or collective identification for a group of persons or businesses operating on the same lot.
   
   Election sign means signs authorized by Minnesota Statutes Section 211B.045.
   
   Electronic variable message sign means a changeable copy sign or portion thereof which can be electronically changed or rearranged without altering the face or the surface of the sign, not including signage or portions thereof displaying price, time and temperature.
   
   Facade means any separate face or surface of a building, including parapet walls, and roof surfaces or any part of a building which encloses or covers unusable space. Where separate facades are oriented in the same direction, or where the inside angle at the intersection of two surfaces is greater than 135 degrees, they are to be considered as part of a single facade.
   
   Flag means a device generally made of flexible material, such as cloth, paper, or plastic, and displayed from a pole, cable or rope. It may or may not include copy.
   
   Frontage means the boundary of a lot that abuts a public street.
   
   Government sign means any sign erected by the city or any other governmental entity in the exercise of official government business and authority.
   
   Ground sign means any freestanding sign that is supported by structures or supports in or upon the ground and independent of support from any building. A single sign structure having two identical or nearly identical faces back to back shall constitute a single sign. For the purposes of this definition, a ground sign is intended to refer to a primary, permanent, ground-mounted sign, not a temporary sign or sign that is ancillary to the primary sign, such as a directional sign or portable sign.
   
   Hanging sign means a sign that is suspended from the underside of a surface and is supported by such surface.
   
   Inflatable sign means a freestanding or moored sign expanded or inflated with air or another gas, like a balloon, and which may rise and float above the ground.
   
   Legal nonconforming sign means any sign which was lawfully erected and displayed but which does not conform to the requirements and limitations herein, or any sign which was lawfully erected and displayed on the effective date of any amendment to this section, but which does not conform to such amendment. Said legal nonconforming sign may be continued through repair, replacement, restoration, maintenance, or improvement, but not including expansion. "Expansion" shall be defined as any structural alteration, change, or addition that is made outside of the original sign structure or sign area, including the addition of a dynamic display.
   
   Monument sign means a ground sign having a monolithic base or support structure of any material measuring no less than one-third (one-third) of the greatest width of the sign at any point.
   
   Pennant means a tapered or dove-tailed banner or flag.
   
   Pole sign means a ground sign mounted upon a pole or pylon, or multiple poles or pylons, not meeting the definition of a monument sign.
   
   Portable sign means a type of temporary sign that is not permanently attached to the ground or a building or not designed to be permanently attached to the ground or a building, including, but not limited to, trailers or other vehicles that are used principally as a sign, posters, sandwich boards or other freestanding signboards, regardless of whether such signs are attached to the ground or to a building or structure.
   
   Projecting sign means a sign that is attached to the wall of a building and projects more than 15 inches beyond such wall.
   
   Sign means any letter, word, or symbol, poster, picture, statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed including all associated brackets, braces, supports, wires and structures, which is displayed for information or communicative purposes. A sign does not include wall or building art.
   
   Street frontage means the distance for which a lot boundary adjoins a single public street.
   
   Temporary sign means a sign that is not constructed or intended for long term use.
   
   Village Area means all properties within the Village Area Metropolitan Urban Service Area (MUSA) boundary.
   
   Wall sign means a sign that is attached to a wall of a building and is affixed parallel to the wall at a distance of not more than 15 inches from the surface of the wall with no copy on the sides or edges. This definition includes painted, individual letter, cabinet signs, and signs on a mansard.
   
   Window sign means any sign located completely within an enclosed building and visible from a public way or placed upon a window. Merchandise within the premises and visible from the exterior shall not be considered a window sign under this definition; however, any signs that are placed on the backs of shelving units or similar structures, or interior walls where the sign is located less than seven feet from the window's surface shall be considered a window sign.
3. Applicability. The sign ordinance codified in this section shall apply to any sign placed, erected, altered, maintained, or relocated within the city that is plainly visible, although not necessarily legible, from any vehicular or pedestrian public right-of-way. This section shall not regulate government signs; the copy or message displayed on signs; signs not intended to be viewed from a public right-of-way; interior window display; product dispensers; non-dynamic displays on scoreboards on athletic fields, flags, gravestones, barber poles; religious symbols; commemorative plaques; the display of street numbers; or any display not defined herein as a sign. 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.
4. Sign permits and fees.
   1. Permit required. Except as provided in this section, it shall be unlawful for any person to place, erect, alter or relocate within the city, any sign without first obtaining a permit from the community development department and making payment of all permit fees as required by the city's fee schedule. This subsection shall not be interpreted to require a permit for a change of copy on a changeable copy sign, changing occupant sign panels on a directory sign, repainting, cleaning, or other normal maintenance and repair of any existing sign or its structure as long as the sign copy does not change.
   2. Application for sign permit. All applications for sign permits shall be filed on a form supplied by the city. Such application shall be submitted with all required information provided and shall contain or have attached thereto the following information:
      1. Date of application.
      2. Name, address, telephone number, and email address, of the applicant as well as of the person, firm, corporation, or association erecting the sign.
      3. The written consent of the owner or lessee of the premises upon which the sign is to be erected, or the sworn statement of the applicant that the applicant is authorized by the owner, lessee or other authorized occupant of the premises to erect the proposed sign.
      4. A scale drawing showing the existing and proposed location and dimensions of all buildings, structures, and signs on the subject property. For a ground sign, the drawing shall also indicate the following: distance of the sign from either the face of curb or sidewalk as well as its location relative to other ground signs, driveways, fire hydrants, and any other features of a site that could be obscured by the sign.
      5. A landscaping plan around the base of all ground signs.
      6. The configuration of the proposed sign listing the height, width, total square footage, proposed copy, method of construction and attachment, method of illumination and description of all electrical equipment, sign materials and colors, and at least one image showing the location of the proposed sign and its relationship to either the building to which it is to be mounted or the surrounding lot if it is a ground sign.
      7. The total area and number of all signs by type on the subject property both before and after the installation of the proposed sign.
      8. For temporary signs, applications must be accompanied by a signed, written statement acknowledging the ordinance requirements governing the duration of time during which the sign may be displayed.
      9. Such other information as the city may require to ensure compliance with this section and any other applicable laws.
   3. Application process and review procedure. It shall be the duty of the community development department, upon the filing of an application for a sign permit, to examine the application for compliance with the requirements of this section and, if deemed necessary by the community development director, to inspect the premises upon which the proposed sign is to be erected. If the application is complete and the proposed sign is in compliance with all the requirements of this section, and any other applicable laws, the following actions shall be taken:
      1. If the application is for a permanent sign that conforms to an approved comprehensive sign plan that applies to the property upon which it is to be located, or for a permanent or temporary sign that adheres to the requirements of this Code, the community development director may issue a permit.
      2. If an application for approval of a comprehensive sign plan pursuant to subsection (i) Comprehensive sign plans is submitted with a development application subject to planning commission review and city council approval, the community development director shall review the application and make a recommendation to the planning commission prior to issuing a permit.
      3. Except for applications for approval of a comprehensive sign plan, any decision of the community development director may be appealed to the board of adjustment and appeals.
      4. In the event that a permit is issued but the sign authorized by the permit is not placed, erected, altered or relocated within six months after the issuance of the permit, the permit shall expire and be null and void.
      5. Fees. A fee shall be charged for the permit in the amount set forth in the city's fee schedule.
5. Design review criteria. Signs shall meet the following criteria:
   1. Any signage affixed to a building shall be dimensioned and located in such a manner that it fits the buildings architectural features and proportions.
   2. All signs shall be designed to fit the zoning and character of the surrounding area. Special consideration should be made where proposed signage is located on or adjacent to locally identified historic structures or publicly-owned recreation and conservancy areas. Signage in planned unit developments, or in developments seeking comprehensive sign plans, shall conform to the planned or existing dominant architectural theme of the area. Signage in or abutting residential properties should be designed and located so as not to create a nuisance. When applicable, signage shall conform to the Lake Elmo Design Guidelines and Standards Manual.
   3. Signs illuminated by lights shall be positioned in such a manner that none of the light spills over onto an adjourning property or glares or shines into the eyes of motorists or pedestrians. All signs must conform to the sign illumination standards in subsection (f)(7) of this section and LEC 105.04.050.
   4. The base of all permanent ground signs must be landscaped. Landscape plantings or other landscape materials will not be considered as part of the allowable signage.
6. General sign regulations. This section pertains to all signs erected in the city. Additional regulations may apply based on sign type and zoning district in which the sign is to be displayed. Whenever regulations conflict anywhere within this section or with any other applicable rule or regulation, unless expressly stated otherwise, the more restrictive provision shall control.
   1. Surface area calculation. The sign surface area shall be calculated based on the area within the smallest single continuous rectilinear perimeter of not more than eight straight lines encompassing all elements of the actual sign face including any writing, representation, emblems or any figure or similar character together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed, but excluding any support structure. For a sign painted on or applied to a building, the area shall be considered to include all lettering, wording and accompanying design or symbols, together with any background of a different color than the natural color, or finish material of the building. Area of signs displaying copy on two parallel, back-to-back faces not separated by more than 12 inches shall be calculated with reference to a single face only.
   2. Sign location, placement and setback requirements. Except as provided elsewhere in this section, all signs shall be subject to the following requirements:
      1. Limitations based on building setbacks.
         1. Except as provided in paragraph (b) below, no part of any permanent or temporary sign shall extend over a property line.
         2. Where buildings are lawfully permitted to exist on the property line, a permanent sign attached to a building may project not more than six feet over the abutting public sidewalk or right-of-way, provided that the bottom of the sign components are located no less than eight feet above the ground immediately beneath such sign. No sign may project over adjacent private property. Any ground sign shall be located on the premises unless it is an authorized temporary sign for which a valid permit is in effect.
      2. Signs on public property. No sign shall be located within or across any public right-of-way, or on any public property, easement, or utility pole, except for:
         1. A sign erected by, or required by, a government agency or temporarily erected to protect the health and safety of the general public;
         2. A sign erected in conformity with paragraph (a)(2) of this section;
         3. Subdivision identification signs, provided an encroachment agreement is obtained from the appropriate jurisdiction if the sign is located within the public right-of-way;
         4. Directional signs to institutions, schools, parks and public buildings within the city not to exceed four square feet subject to the approval of the road authority. Not more than three directional signs are allowed for each building location.
      3. Safety of motorists and non-motorists.
         1. No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure the vision of road users, or otherwise obstruct, interfere with the view of, or be confused with, any authorized traffic control sign, signal or device.
         2. No ground sign, with the exception of government signs, may be placed within ten feet of a fire hydrant, within 15 feet of a crosswalk, or within 15 feet of the intersection of any circulation lane, roundabout, driveway or alley.
         3. No sign exceeding a height of 30 inches may be placed within the vision triangle as defined in LEC 1.08.
         4. No sign or structural components shall obstruct passage on a sidewalk or walkway.
      4. Additional regulations pertaining to placement of all signs. Except for a sign erected by, or required by, a government agency or temporarily erected to protect the health and safety of the general public:
         1. No sign shall be attached to a fence, tree, shrubbery, utility pole or like items on either public or private property, and no sign shall obstruct or obscure primary signs on adjacent premises.
         2. No sign shall extend beyond the perimeter of a permanent structure or obstruct any window, door, fire escape, ventilation shaft or other area that is required to remain unobstructed by an applicable building code.
         3. No sign shall be mounted upon any roof of any building or structure.
      5. Americans with Disabilities Act compliance. Sign placement shall meet all Americans with Disabilities Act (ADA) requirements.
   3. Construction and structural requirements. Every sign shall be constructed of such material and with such workmanship as to be safe. Every sign shall be designed and constructed in conformity with the applicable provisions of the state building code and shall be free of any exposed extra bracing, angle iron, guy wire or cables. The base or support of all permanent ground signs shall be securely anchored to an appropriately designed concrete base or footing per the state building code.
   4. Load requirements. All signs and other advertising structures shall be designed and constructed to meet all load requirements according to all applicable regulations in the state building code.
   5. Installation. All signs shall be properly secured, supported and braced. No sign or any part thereof, or anchor, brace, or guy wire shall be attached, fastened or anchored to any fire escape, fire ladder or standpipe, and no sign or any part thereof, or anchor, brace or guy wire shall be erected or maintained which may cover or obstruct any door, doorway, or window of any building or which may hinder or prevent ingress or egress through such door, doorway or window, or which may hinder or prevent the raising or placing of ladders against such building in the event of fire. All signs or attention-attracting objects shall be free of projections that could cause injury to a pedestrian and shall be installed in such a manner to avoid obstruction of a public sidewalk or street or portion thereof.
   6. Maintenance. All signs, including nonconforming signs, and sign structures shall be maintained to preserve the appearance and structural integrity substantially identical to the new condition of the sign.
   7. Sign illumination. All illuminated signs shall comply with LEC 105.04.050 (Lighting, Glare Control and Exterior Lighting Standards) and the following requirements:
      1. Electrical permit. All signs in which electrical wiring and connections to be used shall comply with all applicable provisions of the state electrical code.
      2. Voltage displayed. The voltage of any electrical apparatus used in conjunction with a sign shall be conspicuously noted on that apparatus. In addition, all electrical signs shall bear the label of approval of a recognized testing laboratory and be equipped with a watertight safety switch that is located where the electrical supply enters the sign.
      3. External illumination. All external lighting fixtures shall be steady, stationary, fully-shielded and directed solely onto the sign, and shall use lighting designed to minimize light spill and glare. Lighting sources shall not be directly visible or cause glare to adjacent public rights-of-way or adjacent private property.
      4. Internal illumination. Internally illuminated signs shall permit light to shine fully through only the lettering and graphic elements of the sign. The background for such lettering and graphics shall be opaque or translucent and shall transmit light at a level substantially less than that transmitted through the lettering and graphics. If the contrast between the lettering or graphic elements and background does not permit adequate legibility, a translucent white boarder of up to one inch in width may be placed around said lettering or graphic elements.
      5. Brightness limitation. Except for day-time displays on electronic variable message signs, in no instance shall the lighting intensity of any illuminated sign exceed:
         1. Three footcandles at the front lot line and one footcandle at all other lot lines, measured three feet above the surface of the ground.
         2. 50 footcandles measured perpendicular to the face of the sign from a distance equal to the narrowest dimension of the sign.
      6. Glare. All artificial illumination shall be so designed, located, shielded and directed so as to prevent the casting of glare or direct light up adjacent public right-of-way or surrounding property.
      7. Reflectors and lights. Gooseneck and similar reflectors and lights shall be permitted on ground and wall signs; provided, however, the reflectors and lights shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. It shall be unlawful to maintain any sign which is wholly or partially illuminated by floodlights or spotlights, unless such lights are completely concealed from view from the public right-of-way.
   8. Motion as a component of a sign. No sign shall have any flashing, scintillating, moving or blinking lights or rotating beacons, whether operated by electronic or mechanical means or wind driven, nor shall any floodlight, spotlight, or beacon utilize such actions to illuminate a sign. In addition, no beam of light shall be projected through a mechanism which periodically changes the color of the light reaching the sign.
   9. Attention-attracting objects. The use of any attention-attracting object, as defined in this Code, shall be allowed only as a temporary sign in conjunction with a special event permit, not to exceed ten days per issuance. No permit shall be granted for any premises more than four times in any calendar year; or more than once in any three-month period.
   10. Resemblance to traffic signs. No sign shall contain or resemble any sign resembling in size, shape, message, or color any traffic control devices compliant with the Minnesota State Manual on Uniform Traffic Control Devices.
7. Limitations according to the type of land use and zoning district. Unless exempt under paragraph (k) of this section or as expressly provided elsewhere, no permanent or temporary signs shall be displayed except in conformity with the following regulations as they correspond to the type of land use and districts in which the sign is to be displayed.
   1. Residential uses in residential districts.
      1. In connection with legal home occupations, a single sign which does not exceed two square feet in area. Signs under this subsection shall be wall signs only.
      2. A residential condominium or multifamily apartment complex may display identification signs if the total acreage of the lot is one acre or more and the condominium or apartment includes eight or more units. One wall identification sign and one ground identification sign per street frontage may be displayed, with a maximum of two wall identification signs and two ground identification signs per lot. No identification sign shall exceed 32 square feet in area, and the maximum height is six feet above curb level for ground signs or one story or 12 feet above curb level for wall signs, whichever is lower. For the purposes of this subsection, the term "lot," when used in reference to a condominium, means all property within the common interest community complex and not each unit.
      3. Subdivision identification signs.
         1. Number. Each residential subdivision is allowed up to one subdivision identification sign per entrance to the subdivision. For the purposes of this section, residential subdivision shall include all phases of approved staged developments.
         2. Location. Subdivision identification signs shall be located near entrances to the subdivision, except that one sign may be located along an abutting arterial or major collector roadway.
         3. Size. The maximum size for a subdivision identification sign is 32 square feet at a subdivision's main entrance and 24 square feet for all other locations. The maximum height for a ground identification sign is six feet above curb level.
         4. Setback. Subdivision identification signs and support structure shall maintain a setback of at least ten feet from any street right-of-way. Signs as well as support structures within a center island shall maintain a setback of at least five feet from the curb and are subject to regulations set forth by paragraph (f)(2).
         5. Changeable copy signs, including electronic variable message signs, are not a permitted sign type for subdivision identification signage.
   2. Institutional uses in or abutting residential districts. Nonresidential institutional uses located in or abutting residential districts, located in residential districts may erect signs as follows:
      1. Wall and ground signs.
         1. Area and number. One wall sign and one ground sign per street frontage may be displayed, identifying the entity, with a maximum of two wall signs and two ground signs per lot. Additional wall or ground signs for wayfinding purposes may be permitted when the size of the lot, number of vehicular or pedestrian entrances, and layout of the buildings require additional signs in order to promote traffic and pedestrian safety. Signs under this subsection, whether displayed on a wall or on the ground, shall not exceed 12 square feet in area, except such signs may be increased in area by one square foot for each additional foot that the sign is set back more than 12 feet from a lot line. No sign under this section shall exceed 32 square feet in area.
         2. Height. No identification wall sign shall project higher than one story, or 12 feet above curb level, whichever is lower. No ground sign shall project higher than six feet.
      2. Temporary signs.
   3. Agricultural sales businesses. Signage related to agricultural sales business may be erected as follows:
      1. On-premises signs, agricultural sales businesses. One or more on-premises signs may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions:
         
         1. Agricultural sales businesses utilize less than ten acres of land specifically for the growing of agricultural crops for the businesses are allowed one on-premises sign not to exceed 32 gross square feet of advertising surface.
            
         2. Agricultural sales businesses utilizes more than ten acres of land but less than 40 acres of land specifically for the growing of agricultural crops for the businesses are allowed up to two on-premises signs not to exceed 48 gross square feet of total advertising surface, with no individual sign surface exceeding 32 square feet in size.
            
         3. Agricultural sales businesses utilizing more than 40 acres of land specifically for the growing of agricultural crops for the business are allowed up to three on-premises signs not to exceed 64 gross square feet of total advertising surface, with no individual sign surface exceeding 32 square feet in size.
            
         4. Any illuminated sign shall be consistent with paragraph (f)(7) of this section and illuminated only during those hours when business is open to the public for conducting business.
            
      2. Temporary off-premises signs, agricultural sales businesses. Independent of the total allowable sign area for an individual property anywhere within the city, a temporary off-premises sign may be erected on a property in conjunction with an operating agricultural sales business subject to the following requirements and restrictions:
         
         1. Maximum number. Every agricultural sales business shall have no more than three off-premises signs at any given time to direct the public to the location of the business.
            
         2. Timeframe of use. Temporary off-premises signs may be erected for 45-day time periods no more than four times in any given calendar year. The required temporary sign permit shall stipulate the range of dates for each of the four allowable time periods in any given calendar year.
            
         3. Size and height. An off-premises agricultural sales advertising sign shall not exceed 50 square feet in area and shall not be taller than ten feet in height.
            
         4. Setbacks. Off-premises signs shall be a minimum of 25 feet from all side property lines, and a minimum of 50 feet from other off-premises advertising signs.
            
         5. Permission required. Applicants for off-premises signs shall acquire permission from the property owner upon whose land the sign is to be erected.
            
   4. Commercial, mixed-use and business park districts.
      1. Wall signs.
         1. Number. No building occupant shall display more than one wall sign per street frontage except as provided below:
            
            1. One additional wall sign may be displayed on a building with no front setback, provided that such sign is a flat sign that is either painted upon the building or does not extend outward more than six inches or,
               
            2. One additional wall sign may be displayed on single occupant buildings with a minimum lot width of 100 feet or,
               
            3. Up to three ancillary wall signs may be displayed on buildings measuring at least 100 feet in length along the front lot line. Any ancillary sign displayed under this paragraph shall not exceed 50 percent of the net area or of the largest permitted wall sign displayed on that facade.
            4. Lots having multiple street frontages. Commercial buildings occupying corner lots, or multiple frontages adjacent to more than one public right-of-way, may display up to one additional building-mounted sign for each additional frontage, provided that such additional sign may not exceed 50 percent of the area allowed by the primary frontage and is oriented toward the additional frontage. For the purposes of this Section, the primary frontage shall be presumed to be the frontage upon which the main entrance to the building is located. The applicant, however, may identify a different frontage as the primary frontage in order to maximize the effectiveness of the signage.
               
            5. Business not fronting onto a street. Buildings without street frontage may have only one wall sign per business.
               
         2. Surface area. The total permitted sign surface area of all wall signs on a facade shall not exceed 1.5 square feet of signage for each lineal foot of building frontage that is coterminous with the occupancy to which the sign refers, unless a different amount allocated to the building occupant is identified in an approved comprehensive sign plan pursuant to subsection (i) of this section. In addition, no individual wall sign shall exceed 100 square feet in area.
            
      2. Ground Signs/Directory.
         1. Number. There shall be no more than one ground sign for each street on which the lot has frontage, except one additional ground sign per lot frontage may be allowed for any lot frontage over 1,000 linear feet. On lots where the number of businesses exceed the number of allowed ground signs, a directory sign shall be used in lieu of multiple ground signs. No single business or building occupant shall be allowed signage on both an individual ground sign and a ground directory sign on the same street frontage. On premises having no principal building, there shall be no more than one ground sign for the premises.
            
         2. Surface area. No ground sign shall exceed ten feet in height and 64 square feet in area. No directory sign shall exceed 12 feet in height and 80 square feet in area except as follows:
            
            1. Village area. No ground sign shall exceed six feet in height and 32 square feet in area. No directory sign shall exceed 12 feet in height and 80 square feet in area.
               
            2. Parcel abutting Hudson Boulevard. No ground or directory sign shall exceed 30 feet in height and 250 square feet in area. Signs shall be within 100 feet of the property line abutting Hudson Boulevard.
   5. Planned unit development districts. No permanent sign shall be displayed except a sign authorized by the city and included in the comprehensive sign plan pertaining to the development site. Temporary signs are permitted for commercial, institutional or industrial uses unless prohibited by the comprehensive sign plan.
   6. Conservancies and parks. No sign shall be permitted in a city park or open space except those installed with permission of the city's public works director.
      
8. Sign installation standards pertaining to specific sign type. Except as expressly provided elsewhere, signs shall meet the following regulations according to sign type:
   1. Wall signs.
      1. Location. Wall signs shall be mounted parallel to building walls and only on a portion of an exterior wall that is coterminous with the occupancy to which the sign refers, unless a different location is identified in an approved comprehensive sign plan pursuant to subsection (i) of this section. No wall sign shall extend above or beyond the wall to which it is attached.
      2. Installation requirements. No wall sign shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestration, or ornamental detailing on any building. All mounting brackets and other hardware used to affix a sign to a wall as well as all electrical service hardware and equipment shall be concealed by architectural elements of the building or the sign itself.
   2. Ground signs.
      1. Type of sign. Any permanent ground sign shall be erected as a monument sign. Pole signs are prohibited unless the pole portion of the sign is enclosed in a shroud that causes the sign to appear to have a monolithic base or support structure of any material measuring no less than one-third of the greatest width of the sign at any point or unless the height is no greater than three feet. This provision does not apply to signs erected on properties in a commercial, mixed-use, or business park district abutting Hudson Boulevard. The base of the monument sign shall not exceed the width of the widest portion of the sign face by more than 25 percent.
      2. Location. Ground signs shall be placed with consideration for visibility, access, maintenance, and safety, consistent with the provisions of paragraph (f)(2) of this section. Ground signs shall be located beyond required setbacks a distance equal to or greater than the height of the sign. If this is not possible, ground signs shall be located as far from required setback lines as possible. In no case shall a ground sign, as defined in this section, extend beyond a lot line of a property. A ground sign larger than six square feet shall be located no closer than 100 feet of another ground sign or the furthest distance possible from another ground sign, whichever distance is shorter.
      3. Height.
         1. The height of a ground sign shall be measured from the approved grade at the base of the sign or the elevation of the street upon which the sign faces, whichever is lower, to the top of the highest attached component of the sign.
         2. A ground sign shall be mounted on a base not to exceed four feet in height.
            
      4. Landscaping. Perennial plantings, grass or other landscaping features shall be incorporated around the base of all ground signs.
      5. Exempt or special purpose ground signs. The location of and maximum height and surface area of any other exempt or special-purpose ground sign expressly authorized by another section of this section, shall be as set forth in such other section.
   3. Window signs.
      1. Location. All window signs must be located inside an exterior window unless the sign is weatherproof and does not pose a danger from falling or being blown by the wind. Lettering or graphic elements that are directly mounted on a window shall not encroach upon the frame, mullions, or other supporting features of the glass.
      2. Permanent signs. When a sign is painted on or otherwise attached or applied to the window area in a permanent manner, then such a sign shall be included in the total allowable wall sign area for the building and shall not exceed 20 percent of the total ground-floor window area of the building, excluding the door windows. All permanent window signs which have their lettering or graphic elements directly on the glazing shall be painted, metal leafed, vinyl transferred, or in some other manner permanently applied to the interior side of the glass of an exterior building window or door. No application using a temporary adhesive shall be permitted unless the community development director determines the application to be reasonably safe.
      3. Temporary signs. Temporary window signs shall not exceed 30 percent of the total ground-floor window area of any building, excluding the door windows. Such signs must be displayed in conformance with the temporary sign regulations listed in paragraph (j) of this section.
      4. Limitation. Under no circumstances shall any combination of permanent or temporary window signage cover more than 50 percent of the total ground floor window area of any building.
   4. Changeable copy signs.
      1. Not an additional permitted sign type. Changeable copy signs are not an additional permitted sign type, but any permitted sign type may be a changeable copy sign, provided that the total surface area of the entire sign does not exceed the maximum allowed for the type and location of sign upon which the changeable copy is displayed.
      2. Electronic variable message signs. Any sign type may be an electronic variable message sign subject to the following regulations:
         1. Surface area. The areas of electronic variable message signs capable of displaying copy shall not exceed 40 square feet and shall be included within the maximum aggregate sign surface area allowed for the type and location of sign upon which the changeable copy is displayed.
         2. Location. Electronic variable message signs are not permitted in the Village Area.
            
         3. Length of cycle. The electronic changeable copy or images shall not alternate, change, fade in, fade out, or otherwise change more frequently than once every ten seconds. Electronic variable message sign signs may not display scrolling, racing, pixelating or moving characters or images, or similar actions that convey motion.
            
         4. Brightness adjustment. An electronic variable message sign shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination such that the light level does not exceed three footcandles at the front lot line and one footcandle at all other lot lines, measured three feet above the surface of the ground.
         5. Maintenance. Any electronic variable message sign shall be maintained so as to be able to display messages in a complete and legible manner.
   5. Canopy and awning signs. Canopy and awning signs are subject to the following provisions:
      1. Surface area. The sign surface area of a canopy or awning sign shall not exceed 15 percent of the area of the vertical section of the canopies and awnings. The area of the vertical section of the canopies and awnings is calculated as the difference between the highest and lowest point on the canopy or awning multiplied by the length of the canopy or awning. The difference between the highest and lowest point shall be measured parallel to the facade upon which it is attached.
      2. Location.
         1. Canopies and awnings shall be constructed and erected so that the lowest portion of the projecting frame thereof shall be not less than nine feet, and the lowest portion of the descending skirt shall be not less than eight feet above the level of the sidewalk or public thoroughfare.
         2. No portion of the canopy or awning sign shall extend above or beyond the canopy or awning upon which it is attached. However, a sign may be hung beneath a canopy parallel to the building frontage so long as it and its structural components are no less than eight feet above the ground immediately beneath the sign.
         3. Awnings shall not project more than 72 inches out from the building upon which they are attached, nor extend out from the building beyond the extension of the awnings on adjoining buildings.
      3. Installation requirements. To preserve the architectural integrity of a building, no canopy or awning, and no canopy or awning sign, shall cover or interrupt significant architectural elements such as columns, column caps, friezes, door or window heads, embellishments, adornments, fenestrations or ornamental detailing.
      4. Illumination. Signs on awnings and canopies may be illuminated where the following conditions are maintained:
         1. Both interior type strip lighting and exterior type gooseneck lighting is permitted, not exceeding a maximum light level of 18 footcandles measured three feet from the perpendicular to the light source.
         2. The bottom of any illuminated awning or canopy shall be enclosed.
         3. The provisions of paragraph (f)(7) of this section are satisfied.
      5. Materials. Canopy and awning signs shall be made of either the material with which the canopy or awning is covered or other waterproof materials affixed flush to the face of the canopy or awning, or be painted directly on the awning or canopy material with weather-resistant paint.
      6. Snow load. It is found that snow and ice that accumulates on awnings can pose a danger to pedestrians. To ensure the safety of pedestrians, snow and ice shall be removed from awnings within a reasonable time period after an event of snow and ice accumulation.
   6. Hanging signs. One sign up to six square feet in area may be suspended above a walkway near a primary building entrance so long as it and its structural components are no less than eight feet above the ground immediately beneath the sign. When a hanging sign is displayed in lieu of a ground or projecting sign, the square footage shall not count towards the maximum allowable area for a wall sign.
   7. Projecting signs. A projecting sign may be displayed subject to the following restrictions:
      1. Maximum projection. The maximum distance a projecting sign may project is not more than 24 inches into the right-of-way. Subject to zoning setback limitations, a projecting sign may project no more than six feet from the building face.
      2. Location. A building may have one projecting sign facing a street or on a corner of the building.
      3. Surface area. The permitted area of a projecting sign shall not exceed the square footage for the amount that would otherwise be allowed for a wall sign on the building. When a projecting sign, not exceeding six square feet, is displayed in lieu of a ground sign, the square footage shall not count towards the maximum allowable area for a wall sign.
      4. Height. A projecting sign must vertically clear any pedestrian area by at least eight feet and vehicular ways by at least 14 feet. A projecting sign may extend to the juncture of the roof with the building wall or to the top of any parapet, but no projecting sign may extend above a second story.
   8. Directional signs. On-premises directional signs may be placed on private property near driveway entrances, at building entrances, and in parking lots and loading areas where reasonably necessary. Each such sign shall be located on premises and shall adhere to the regulations pertaining to vision triangles and other setbacks as defined in subsection (f)(2) of this section. Such signage shall be considered exempt from the total signage calculation for the premises as long as all the following standards are met:
      1. Such signage does not serve an additional advertising purpose.
      2. There are no more than four directional signs per lot, not including a maximum of one directional sign allowed per driveway entrance/exit.
      3. Surface area per sign does not exceed four square feet.
      4. Logos do not exceed two square feet in area per sign.
      5. Sign height does not exceed five feet above ground elevation at base of sign.
   9. Flags and decorative banners. The following regulations apply to all flags and decorative banners:
      1. A minimum clearance of eight feet over pedestrian ways and 14 feet over vehicular areas.
      2. Maximum number of flagpoles for any lot is three.
      3. Maximum height of any flagpole is 50 feet.
      4. Maximum number of flags per lot is four.
      5. Maximum area of any flag shall be 40 square feet.
      6. Flags representing a private entity, including corporate or business flags, shall be included within the maximum sign area total for the site, as applied to the allowance for a ground sign, and shall require a sign permit.
9. Comprehensive sign plans.
   1. Purpose. Multi-tenant developments such as shopping malls, due to the varying occupant's need for signage and the potential for unique architecture and placement of different occupancies as they relate to street frontages, can create challenges to the applicability of sign regulations and the fair distribution of permitted square footage for occupants. This section is intended to define how signage permitted under this Section will be distributed among the different occupancies available in the development. The comprehensive sign plan shall create visual harmony between the signs, buildings, and building site through unique and exceptional use of materials, design, color, and lighting, and other design elements; and shall result in signs of appropriate scale and character to the uses and buildings on the lot as well as adjacent buildings, structures and uses.
   2. Applicability. A comprehensive sign plan shall be required of an applicant for all planned unit developments and commercial or industrial multi-tenant developments where different occupancies will compete for permitted square footage on a single lot.
   3. Submission requirements. An application for comprehensive sign plan approval shall be submitted to the community development director and shall include:
      1. A site plan, dimensioned, showing the location of the buildings, structures, parking areas, driveways, and landscaped areas on the lot upon which the proposed sign is to be attached or erected.
      2. A table or tables containing:
         1. Computation of the maximum total sign area.
         2. Maximum area for individual signs.
         3. Height and number of ground signs.
         4. Statement of the maximum total sign area and maximum number of signs permitted on the site by this section.
      3. 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.
      4. A description and illustration of the following may be required:
         1. Colors and materials to be used in sign construction.
         2. Style of lettering for all signs.
         3. Appearance/location of logos or icons.
         4. Location of each sign on the buildings, with building elevations if necessary.
         5. All sign proportions.
         6. 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 community development director.
   5. Binding effect.
      1. After approval of a comprehensive sign plan, no permanent sign shall be erected, placed, painted, or maintained by the property owner or any buyer, tenant, occupant, subtenant, assignee, employee, agent or other party in use of the subject property except in conformance with such plan without obtaining a sign permit and in conformance with the comprehensive sign plan.
      2. If the city council has approved a comprehensive sign plan with flexible criteria, the community development director is authorized to approve, through the standard sign permit approval process, sign applications in conformance with the comprehensive sign plan, but only to the extent that the application is in conformance with the comprehensive sign plan.
      3. The terms and conditions of an approved comprehensive sign plan shall have the same force and effect and be enforced in the same manner as any other provision of this section.
10. Temporary signs.
    1. General requirements. Temporary signs shall conform to the following standards:
       1. Permit required. No temporary sign may be displayed without a valid temporary sign permit or portable sign permit.
       2. Sign type. Temporary signs may include any sign type permitted by this section.
       3. Number. No more than two temporary signs may be displayed on a lot at any time.
       4. Surface area. The maximum area of all temporary signs displayed shall be a combined total of eight square feet if displayed for ten days or longer.
       5. Location. No temporary sign may be placed off-premises except as otherwise provided elsewhere in this section.
       6. Duration. No temporary sign permit shall be issued to erect or maintain any temporary signage for a period exceeding 21 days. A permit for temporary sign or signs shall be granted no more than four times in any calendar year and only once every three months.
       7. Installation requirements. All temporary signs shall be constructed, anchored and supported in a manner which reasonably prevents the possibility of such signs becoming hazards to the public health and safety as determined by the community development director.
    2. Portable signs. In addition to the general requirements pertaining to temporary signs, the following standards pertain to portable signs:
       1. Permit required. A sign permit shall be issued on an annual basis before a portable sign may be erected. Such permit shall only be valid during the calendar year during which it is issued.
       2. Construction. A sign shall be manufactured to a professional standard of construction, finish and graphics. A portable sign shall be freestanding, self-supported and constructed of substantial materials such as wood, metal or plastic such that the sign will reasonably withstand the elements.
       3. Size and design regulations.
          1. A portable sign shall not exceed six square feet in surface area per side, with a maximum of two signable sides or faces.
          2. The sign shall not exceed three feet measured at the widest point of the sign face.
          3. Any portion of the sign's face used for a chalk or dry-erase board shall not exceed 50 percent of the total sign face surface area.
       4. Number. One portable sign may be displayed per business or occupant in any commercial or industrial area or planned unit development.
       5. Location. A portable sign is restricted to the lot of the business establishment to which a permit has been issued, except such a sign may be located in the public right-of-way in front of the premises only where no front setback is required.
       6. Placement. A portable sign shall:
          1. Be placed only along sidewalks where a minimum five-foot-wide clear sidewalk is maintained. In no event shall a portable sign be placed on any bicycle path. The placement, of a portable sign shall not obstruct access to any crosswalk, mailbox, curb cut, fire hydrant, fire escape, fire door, building entrance, public parking space or any other public property, nor shall a sign obstruct the ability of persons to exit/enter vehicles parked along the curb;
          2. Not be attached, chained or in any manner affixed to public property including street trees, utility poles or sign posts;
          3. Not obstruct the clear view of any traffic signal, regulatory sign or street sign;
          4. Not be located closer than ten feet to any other portable sign;
          5. Not be located directly adjacent to a bus or transit vehicle stop or station, shall not obstruct sight lines of road users, nor be placed less than 25 feet from a street intersection or 15 feet from a crosswalk;
          6. Not be placed in such a way as to interfere with snowplowing of the streets;
          7. Be maintained free of snow, be placed on solid ground at all times and shall not be placed on top of snow banks.
       7. Illumination. A portable sign shall not be illuminated.
       8. Time limitations and removal. A portable sign may be displayed only during business hours. Such sign must be removed and safely stored out of view during times when the business is not open to the public. Trailers or other vehicles that are not used principally as a sign may be parked on the lot when the business is not open to the public.
       9. Enforcement. Portable signs located within the public right-of-way are a privilege and not a right. The city in permitting placement of such signs in the public right-of-way reserves the right to require their removal at any time because of anticipated or unanticipated problems or conflicts. To the extent possible, the permittee shall be given prior notice of any time period during which, or location at which, the placement of portable signs within the public right-of-way is prohibited. Furthermore, the sign permit may be revoked by the community development director following notice to the permittee. The permit may be revoked if one or more conditions outlined in this section have been violated, or if the sign is determined to constitute a public nuisance not specifically outlined in this section. Following the revocation of the sign permit, no application for the same site shall be filed within 180 days from the date of revocation. The permittee has a right to appeal the decision of the community development director within 30 days of issuance of a revocation notice pursuant to paragraph (n)(2) of this section.
       10. Indemnification. Where a temporary or a, portable sign is permitted in the public right-of-way, the owner, lessee or lessor of the business to which a permit has been issued and the property owner shall agree in writing to fully indemnify, defend, and hold the city harmless for any personal injury or property damage resulting from the existence or operation of said sign, and shall furnish evidence of general liability insurance in the amount of $1,500,000 with the city as additional named insured or provide other security to the satisfaction of the city administrator.
       11. Permit renewal. The permit for a portable sign must be renewed annually prior to January 1 of each year.
11. Signs exempt from permit. Consistent with the purpose and scope of this section, the city recognizes that certain temporary, necessary, or limited-purpose signs should be lawfully displayed without the need to obtain a permit and should not count as part of the specific sign area allowed to be displayed on a particular property. All signs exempt from permit requirements must, nonetheless, adhere to all other applicable sections of this section and all other applicable state and federal regulations. The city finds that the following signs may be displayed without a permit because they serve an immediate or temporary traffic safety or way finding function:
    1. Address and nameplates. Address and name plates not exceeding three square feet in area.
    2. Athletic field signage. Signs, banners, and scoreboards designed solely for view from spectator areas and displayed on interior walls, fences, or other structures located inside an enclosed athletic field at a school, park, or other public or private athletic complex. Approval of the park commission shall be required to display a sign, banner, or scoreboard under this subsection at a city park.
    3. Awning signage. Signs displayed on awnings located on commercial or industrial buildings, provided that the signs are displayed on the lowest 12 inches of the principal face or side panels of awnings and, provided that they do not exceed six inches in height.
    4. Signs on construction sites. Such signs may only be placed on the property where construction work is in progress, shall not be erected prior to the beginning of work for which a valid building permit has been issued, and shall be removed within ten days of completion of work or the expiration of the building permit, whichever is sooner. Signs on parcels under construction in residential zones or in parks shall not exceed 32 square feet per street frontage. Sign on parcels under construction in commercial, industrial, multifamily, or planned unit development on parcels less than 100,000 square feet shall not exceed 64 square feet per street frontage; and on parcels greater than 100,000 square feet shall not exceed 96 square feet per street frontage. Square footage must be divided.
    5. Flags. Flags that comply with the provisions of subsection (h)(9) of this section.
    6. Temporary signs during a garage or estate sale. Signs on properties having a garage or an estate sale shall not exceed four square feet in area, shall not be displayed for a period of time more than 72 consecutive hours and may be displayed no more than twice in any one calendar year. Up to three signs may be displayed per event, two of which may be displayed off-premises, but not in the public right-of-way. Any such sign placed on private property must have the consent of the property owner on whose property such sign is displayed.
    7. Government signs, including traffic or official public hearing notice signs. Such signs are placed, authorized, or required by the city or other authorized governmental agency. The requirements for maximum area, height, setback, or other size, materials or physical specifications shall be as required by law or the authorizing agency.
    8. Holiday and temporary decorations. Holiday or temporary decorations when located on private property, or with the approval of the city if on public property. In addition, any sign in the nature of a decoration, identification or direction, incidentally and customarily associated with any national or religious holiday or any civic festival, fair or similar gathering, held during a period of ten days or less in any year, provided such sign shall not differ substantially from the requirements set forth in this section.
    9. Signs on properties with a home occupation. One sign on a property with a home occupation is permitted. The sign shall be non-illuminated, flush-mounted to a wall of the residence, and shall not exceed two square feet in area.
    10. Memorial signs. Any cornerstone, commemorative, or historical tablet or landmark designation plaque.
    11. Menu signs. Menu signs up to 55 square feet in area and six feet in height, provided they are located within 15 feet of the commercial building with which they are associated or advertise and in a manner such that the copy is not readily viewable from the public right-of-way or a residential occupancy on an adjacent lot.
    12. Noncommercial messages. One sign per parcel per street frontage carrying any lawful noncommercial message not exceeding 12 square feet in area. Any other permitted commercial sign may be substituted for a noncommercial message but will count toward the total signage type and area for the parcel upon which it is located. Hand-held signs carrying noncommercial messages are not subject to any size limitation so long as they are held by and under the physical control of a person during all times they are on display.
    13. Parking lot regulation signs. Signs in parking lots not exceeding nine square feet and having a minimum setback of ten feet.
    14. Parking lot directional signs. Parking lot signs must comply with the provisions of subsection (h)(8) of this section.
    15. Signs authorized by Minnesota Statutes Section 211B.045.
        
    16. Signs on residential properties that are for sale or rent. Signs located on these premises may not be placed above the top of the lowest level of the building.
        1. For lots for sale or rental containing less than four dwelling units within one residential structure, one non-illuminated real estate sign up to six square feet per unit may be displayed.
        2. For lots for sale or rental where at least four but less than 16 dwelling units are contained within one residential structure, one non-illuminated sign up to 12 square feet may be displayed.
        3. For lots for sale or rental where 16 or more dwelling units are contained within one residential structure, one non-illuminated sign up to 32 square feet may be displayed.
        4. Up to two directional signs, each sign no more than six square feet in area, may be installed off property after obtaining the consent of the property owner on whose property such sign is to be displayed. These signs may not be located in the public right-of-way. These off-premises directional signs must be a self-supporting type sign.
    17. Signs on single occupant commercial property that is for sale or rental. For lots that are for sale or rent that are less than five acres, one non-illuminated sign up to 12 square feet in area may be displayed. For larger lots that are for sale or rent, one non-illuminated sign up to 32 square feet in area may be displayed.
    18. Signs on nonresidentail grouped development or multi-tenant buildings. For each property containing a group development or multi-tenant building containing nonresidential land uses, a maximum of two signs, one per each nonresidential street frontage, may be displayed up to a maximum of 32 square feet in area.
    19. Subdivision signs. For each subdivision that has been approved in accordance with the city subdivision regulations, a maximum of two temporary signs may be located on a portion of the subject subdivision. Each such sign shall be not more than 32 square feet in area. One additional similar sign shall be permitted for each 100 lots in the subdivision in excess of 100 lots. These signs may be displayed until a time at which building permits have been issued for 80 percent of the lots in the subdivision.
    20. Temporary notices. Leaflet-type notices flat-mounted to kiosks or public information boards.
    21. Utility company signs. Signs that serve as an aid to public safety or that show the location of facilities such as public telephones and underground cables only to the extent necessary to accomplish those goals.
    22. Window signs, temporary. Signs and displays that are of a temporary nature such as for advertising sales and specials and that do not cover more than 30 percent of the total ground-floor window area of any building, excluding the door windows. Merchandise and pictures or models of products or services incorporated in a window display are not considered signs. Any sign placed on the outside of a window requires a sign permit unless the sign is weatherproof and does not pose a danger from falling or being blown by the wind.
    23. Window or wall signs not readable off-premises. Window or wall signs not exceeding two square feet in area with lettering not exceeding three inches high designed to provide information to persons on the premises such as hours of operation, or sample restaurant menu. Where no front yard setback exists, such signs as would generally be unreadable off premises where minimum setback regulations apply shall qualify for this exemption notwithstanding that such signs are readable from the public right-of-way. Such signs shall not be counted toward total permitted signage.
    24. Signs on vehicles. Signs of any size on vehicles traveling to or lawfully parked on an operating and insured vehicles, construction trailers or equipment which are temporarily parked on a permitted construction site, or primary business location
        
12. Prohibited signs. The following signs are expressly prohibited in the city:
    1. Abandoned signs or signs on vacated or abandoned buildings.
    2. Off-premises signs, except as expressly allowed under this section.
    3. Inflatable signs.
       1. Rationale. Inflatable signs shall be prohibited because they are generally more distracting and hazardous to pedestrian traffic safety, tend to have an anchoring device that is less reliable under wind pressure, and out of scale and less compatible with surrounding structures and signs.
       2. The following inflatable devices shall not be considered a sign:
          1. Registered hot air balloons in use and momentarily moored but not being used primarily as a sign.
          2. Novelty type balloons less than two feet in diameter and less than three feet in any dimension tethered or moored no more than ten feet above the ground.
          3. Inflatable holiday or other decorations displayed temporarily on private property, that do not contain any commercial message, and that does not exceed 15 feet in height.
    4. Signs attached to any public utility pole or structure, street tree, fence, fire hydrant, bridge, curb, sidewalk, park bench, or other location on public property except as otherwise expressly permitted under this section.
    5. Signs that interfere with the safe operation of official traffic control devices.
    6. Signs that emit sound.
       
    7. Signs anchored by gut wires, chains, cables, or similar devices that project down to the ground or in any way which create an unsafe condition for pedestrians or motorists.
       
    8. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said signs (this does not apply to permitted portable signs or letting on buses, taxis, or vehicles operating during the normal course of business).
       
    9. Signs imitating or resembling official traffic or public safety signs or signals in shape, size, or color.
       
    10. Billboards.
        
    11. Roof signs.
        
    12. Beacons, unless authorized for use by the city or any other governmental entity in the exercise of official government business and authority.
13. Legal nonconforming signs. Any legal nonconforming sign may continue to be displayed or replaced consistent with LEC 105.12.340 through LEC 105.12.350.
14. Variances and appeals.
    1. Variances. It is recognized that circumstances may exist from time to time where strict application of the size, location and type of sign standards hereinafter specified for the various zoning districts may be unreasonable or where literal enforcement of the regulations may work an unnecessary hardship on the applicant. Variations from the standards are, therefore, permitted by issuance of a variance by the city council upon recommendation of the planning commission that such extenuating circumstances exist. Variances shall be considered according to the provisions of LEC 105.12.320.
    2. Appeals. An applicant may appeal any decision of the community development director to the board of adjustment and appeals according to the provisions of LEC 3.08.100.
15. Violations.
    1. It shall be unlawful and a violation of this section for any person to maintain any prohibited sign, to perform or order the performance of any act prohibited by this section, or to fail to perform any act which is required by the provisions of this section. In the case of any such violation, each 24-hour period in which such violation exists shall constitute a separate violation.
    2. Any and all signs, erected, altered, or maintained in violation of this section, or any of the clauses and provisions of the same, or in violation of any of the laws or ordinances of the city and/or the state, are, and each of them is declared to be, a public nuisance and subject to enforcement. Any such signs are erected, altered or maintained contrary to law shall be abated as a nuisance by the community development director.
16. Penalty. Any person who shall fail to comply with any of the provisions of this section shall be subject to a penalty as prescribed by LEC 1.04.230.
17. Enforcement.
    1. If the community development director or building official finds that any sign has been erected, altered, or is being maintained in violation of this section, or is in an unsafe condition as to be a menace to the safety, health, or welfare of the public, they shall give written notice to the owner thereof of the person entitled to possession of the sign and the owner of the real estate upon which the sign is located. No notice shall be required for permitted temporary signs displayed in violation of time limitations prior to taking enforcement action.
    2. Said letter shall notify the owner, or person entitled to possession of the sign, of the specific violation or violations and direct that alterations, repairs or removal, whichever may be applicable, be made to bring said violations in conformance with the terms and conditions of this section.
    3. In the event the person so notified fails or neglects to comply with or conform to the requirements of such notice, the community development director or building official may file an appropriate citation or complaint in an appropriate court of law or take whatever other legal action may be necessary to cause such sign to be altered or removed. If a sign is considered abandoned, the city, after notice, may remove such sign at the cost of the owner of the property upon which the sign sits. An invoice for such costs shall be sent to the property owner and, if not paid, shall be certified to the county for collection with the property taxes.
18. Severability. If any section, subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have adopted this Section in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

1. Purpose. Within the city, the following provisions shall apply to accessory building and structures in all zoning districts.
2. Definitions. The following words, terms and phrases, when used in this section, and all sections pertaining to accessory buildings or structures, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   Agricultural building means an accessory building means a structure that is on agricultural land as determined by the governing assessor of the city under M.S.A. § 273.13(23) and meets all other requirements of M.S.A. § 362B.103. A state pollution control agency permit may be required.
   Detached domesticated farm animal building means a one-story accessory building used or intended for the shelter of domestic farm animals and/or related feed or other farm animal supportive materials. The building may require a state pollution control agency feedlot permit in addition to site and building plan approval.
   Detached residential accessory building means a one-story accessory building primarily used or intended for the storage of automobiles and other miscellaneous equipment. No door or other access opening shall exceed 14 feet in height.
   Fish house means a water-oriented structure meant to provide periodic shelter during the winter months while atop a frozen lake for use in fishing. A structure will be considered a fish house only if it is constructed with sleds, wheels or similar means to allow transport on to a frozen lake; is not used on land for human habitation; and is not used for boat storage.
   Storage or tool shed means a one-story accessory building of less than 200 square feet gross area with a maximum roof height of 12 feet.
3. Permit required. All accessory building and structures require either a certificate of zoning compliance or a building permit as determined by the state building code.
4. Principal structure necessary. No accessory buildings of structures shall be constructed nor accessory use located on a lot until a building permit has been issued for the principal structure to which it is accessory. Exemption: Fish houses, as defined in this Code and located in the RS Rural Single-Family District, are exempt from this requirement, provided the following are met: must be located on a lot one-half acre in size or more with direct access to a water body; is 120 square feet or less; and complies with shoreland regulations and RS Rural Single-Family setback requirements. One fish house per lot may exist without a principal structure. The structure must maintain a current fish house license with the state department of natural resources regardless if it is left on a water body overnight. If a current state department of natural resources fish house license is not obtained for the structure, the structure must be removed from the property within 60 days.
5. Proximity to principal structure. Accessory buildings shall maintain a six-foot setback from the principal structure. An accessory building or structure will be considered as an integral part of the principal building if it is located six feet or less from the principal structure.
6. Exempt structures. The following residential improvements shall be exempt from the maximum allowed structure size and number requirements in residential districts:
   1. Unenclosed playhouses.
   2. Gazebos up to a total of 120 square feet in size and a maximum of 12 feet in overall height.
   3. Detached decks over 30 inches in height up to a total of 120 square feet in size.
   4. Outdoor swimming pools.
   5. Patios.
   6. Tennis and sport courts.
   7. Structures, sheds or coops up to a total of 200 square feet in size used to house permitted animals, such as chickens, horses, or other livestock. These structures must not exceed 12 feet in height and must meet all required setbacks per MPCA guidelines and the city's animal ordinances.
   8. Water-oriented accessory structures as permitted in accordance with the city's shoreland ordinance.
   9. Storage or tool sheds as defined in this section.
   10. Ground-mount solar energy systems.

1. Pole construction buildings, A and RR Districts.
   1. Pole construction buildings are permitted in the A and RR zoning districts subject to the setbacks and other performance standards required under the Zoning Code, LEC 105.12.
   2. Pole construction buildings are prohibited on properties zoned A and RR where a conditional use permit has been issued for an Open Space Preservation (OP) Development.
2. Pole construction buildings, RS District. Pole construction buildings are permitted in the RS zoning district only on parcels that are abutted by land zoned Rural Residential (RR) or Agricultural (A) zoned along 75 percent or more of the perimeter of the subject parcel.