Subd. 1.

Purpose.

(a)

To protect and promote the public, health, safety and general welfare of the city through the establishment of comprehensive regulations governing the erection, dimensions, display and use of signs.

(b)

To maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth.

(c)

To minimize the possible adverse effect of signs on nearby public and private property.

(d)

To enable the fair and consistent enforcement of these sign restrictions.

(e)

To provide for the safety of the traveling public by limiting the distractions, hazards and obstructions caused by signs.

Subd. 2.

Findings.

(a)

Signs have a direct impact on, and a relationship to, the image of the city.

(b)

The manners of installation, the locations and maintenance of signs affect the public health, safety, welfare and aesthetics of the city.

(c)

Signs are important to the identification of businesses and institutions throughout the city.

(d)

The safety of motorists, cyclists, pedestrians and other users of public streets and property is affected by the number, size, location and appearance of signs that unduly divert the attention of drivers, including signs that have motion or movement or dynamic displays.

(e)

Installation of signs that are suspended from, projecting over, or placed on the tops of buildings, walks or other structures may constitute a hazard during periods of high winds and an obstacle to effective firefighting and other emergency services.

(f)

Uncontrolled and unlimited signs adversely impact the image and aesthetic attractiveness of the city and, thereby can undermine property values and growth.

(g)

Uncontrolled and unlimited signs, particularly temporary signs, which are commonly located within or adjacent to public right-of-way, or are located at driveway or street intersections, result in roadside clutter and obstruction of views of oncoming traffic. This creates a hazard to drivers and pedestrians.

(Revised 04/21/2008, Ordinance 322)

The following words, terms and phrases, when used in this section, will have the following meaning:

Abandoned sign means a sign located on a property which is vacant or unoccupied for a period of 180 days; or sign which is damaged, in disrepair, or vandalized and not repaired within 180 days.

Address sign means a sign which identifies only the address of the premises or portion thereof on which it is located.

Alteration means any structural change, excluding routine maintenance or changing the text of an existing sign.

Auxiliary sign means a freestanding sign located on a parcel that relates to the building on the parcel.

Banner sign means any temporary sign made of paper, plastic or fabric or similar material that is mounted by one or more of its edges to a building.

Bench sign means any sign which is attached to a bench.

Billboard means a sign on which lettered, figured, or pictorial matter is displayed that has an area of 100 square feet or more.

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

Display surface area means the entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-faced or V-type sign structure will be used in computing total surface.

Government sign means any sign erected by a government agency in the public right-of-way.

Illuminated sign means any sign which is illuminated by an artificial light source.

Incidental sign means a sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives.

Inflatable sign means any sign which utilizes air or helium as the primary support for the sign structure.

Menu board means a permanent sign used for placing orders at a drive-through restaurant.

Monument sign means a freestanding sign that is attached to the ground by means of a freestanding support structure, solid from grade to the top of the sign structure and is typically encased or supported by masonry materials.

Off-premise sign means a commercial speech sign which directs the attention of the public to a business that is not on the same premises where such business sign is located.

Pennant means any lightweight plastic, fabric or other material that is suspended from a rope, wire, pole or string and is designed to move in the wind.

Portable sign means a sign designed to move from one location to another that is not permanently attached to the ground or any other surface.

Pylon sign means a sign erected on a post or posts, or freestanding shafts, walls or piers which is solidly affixed to the ground and not attached to a building.

Roof sign means a sign erected upon the roof of a structure to which it is affixed or a sign painted on the roof of a structure.

Sign means any letter, word, symbol, device, 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 which is displayed outdoors for informational or communicative purposes.

Swinging sign means any sign designed to be swayed, rocked, or so moved by wind or other natural phenomenon.

Temporary sign means any sign that is erected or displayed for a limited period of time, is not illuminated and not of a permanent nature, including banner signs.

Vehicle sign means any sign exceeding ten square feet in display surface area that is mounted, painted, placed, affixed or attached to a trailer, watercraft, truck, automobile or other form of motor vehicle that is parked so that the sign is discernable from a public street or right-of-way as a means of communication. The vehicle upon which the sign is affixed must function primarily as a means to display the sign rather than as a transportation device, as determined by consideration of any combination of the following factors means a) the absence of a current, lawful license plate affixed to the vehicle on which the sign is displayed; b) the vehicle on which the sign is displayed is inoperable; c) the vehicle on which the sign is displayed is not parked in a lawful or authorized location or is on blocks or other supports or is parked in a manner that is not in conformity with the identified parking space on the lot; d) the vehicle displaying the sign remains parked on the premises after normal business hours when customers and employees are not normally present on the premises; or e) the vehicle remains parked in the same vicinity on the property in a location which maximizes its visibility from the public street or right-of-way on a regular basis.

Wall sign means any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface. Wall signs that are illuminated must be backlit.

Window sign means a sign attached to, placed upon, or painted on the interior of a window that is visible from the exterior of the building, including signs that are placed on the backs of shelving units or similar structures or on interior walls where the sign is located that are less than seven feet from the window's surface.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

Sign permit required. Except as permitted by this section, no sign shall be erected, constructed, altered, rebuilt or relocated until a permit has been issued by the city.

Subd. 2.

General information.

(a)

All signs requiring a permit will be required to pay an application fee as specified by the city fee schedule.

(b)

In addition to the sign permits, an electrical permit must be obtained for illuminated signs or signs with dynamic displays.

(c)

Except as otherwise stated herein, permits will be valid for the life of the sign.

(Revised 04/21/2008, Ordinance 322)

Subd. 3.

Application. Application for a permit must be made on the forms provided by the city and filed with the zoning administrator and must be accompanied by the following:

(a)

The name, address, and telephone number of the applicant.

(b)

The name, address, and telephone number of the person or entity erecting the sign, if not the applicant, or the name of the person on whose property the sign is to be located, if not the applicant's.

(c)

Letter from owner of property where the sign is to be located giving the owner's written permission to have said sign erected on the owner's property.

(d)

A site plan drawn to scale showing the location of lot lines, all existing and proposed structures, parking areas, existing and proposed signs and any other physical features.

(e)

Detailed dimensional drawing of the proposed sign including height, description of the sign structure, materials to be used, including colors and method of attachment to the building, if applicable.

(f)

Payment in full for required application fee, as set by the city's fee ordinance.

(g)

Copies of stress sheets and calculations indicating that the sign is properly designed for dead load and wind pressure in any direction.

(h)

A statement as to whether the sign will be illuminated or not, or if the sign will contain a dynamic display.

(i)

A statement as to whether the sign will be single-faced, double-faced or multi-faced.

(j)

Such other information as the city shall require to show compliance with this section and all other applicable laws, ordinances and regulations.

Subd. 4.

Inspections. All signs requiring a permit shall be subject to initial inspections to determine whether the sign conforms to the provisions of this section, the permit application and other applicable laws, ordinances and regulations, including, but not limited to the sign's location, size, footings, structural design, materials used.

Subd. 5.

Permit issuance. Upon the filing of a complete permit application, the zoning administrator shall review the application materials submitted. If the proposed sign complies with this section and other applicable laws, ordinances and regulations, the zoning administrator shall issue a permit for the sign.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following types of signs are prohibited within the city:

(a)

Signs within public right-of-way or easements, except government signs.

(b)

Swinging signs (except temporary signs that are specifically permitted in section 515.09).

(c)

Signs painted, attached, or in any manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers not including public water storage facilities, or similar public structures.

(d)

Signs located closer than six feet horizontally or 12 feet vertically from overhead electrical conductors.

(e)

Bench signs.

(f)

Billboards.

(g)

Inflatable signs.

(h)

Roof signs.

(i)

Abandoned signs.

(j)

Vehicle signs.

(k)

Off-premises signs.

(l)

Portable signs (except temporary signs that are specifically permitted in section 515.09).

(m)

Pennants.

(Revised 04/21/2008, Ordinance 322)

The following types of signs are allowed without a permit in all zoning districts:

(a)

Government signs.

(b)

Signs located within a business, office, mall or other enclosed area that cannot be seen from the outside.

(c)

Incidental signs.

(d)

One sign smaller than five square feet in display surface area may be posted on any parcel of land, except that such sign may not be an off-premises sign and may not be illuminated.

(e)

Signs permitted by Minn. Stats. § 211B.045.

(f)

Address signs.

(1)

One address sign per principal building shall be permitted and required. The display surface area shall not exceed two square feet per dwelling, or six square feet for non-residential buildings.

(2)

Address numbers shall have a minimum height of three inches and be clearly visible from the point of access to the dwelling or building.

(3)

Address signs may be illuminated, but shall not contain any dynamic displays.

(g)

Flags.

(1)

No flag on a flag pole shall exceed 40 square feet in area.

(2)

No single property shall fly more than three flags at one time.

(3)

Flagpoles shall not exceed 35 feet in height.

(4)

Wall-mounted flags shall be limited to one flag per property and shall not exceed 20 square feet in area.

(h)

Handicapped parking signs.

(i)

One sign per street entrance is permitted upon a construction site. Such sign shall not exceed six square feet in display surface area and six feet in height above grade. Said sign must not be erected before issuance of a building permit or remain after issuance of a certificate of occupancy.

(Revised 04/21/2008, Ordinance 322)

(a)

No sign shall be erected which will obstruct a driver's view of pedestrian, bicyclist, equestrian, or motor vehicle traffic.

(b)

No sign shall be erected which by reason of position, shape or color, would detract from or otherwise interfere with the proper functioning of a traffic-control sign or signal.

(c)

No sign shall be erected that resembles any official marker erected by a governmental agency except government signs.

(d)

No sign shall be permitted to obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, ingress or egress for any building.

(e)

All signs except those designated in this section and address signs mounted on mail boxes and point of access entrances shall be set back a minimum of ten feet from the street, roadway, or property line abutting a state highway right-of-way and from all adjacent property lines.

(f)

No sign shall project higher than 20 feet above the grade at the place where the sign is located, if freestanding, or above the height of the building to which it is attached.

(g)

No sign shall be erected or maintained on private property without written permission from the owner.

(h)

No signs erected on private property shall project over public property.

(i)

All signs shall be maintained in good state of repair and free of rust, corrosion, loose or flaking paint, worn or damaged materials, rotted wooden members and loose or missing parts.

(j)

Where a sign is illuminated, the source of light shall not be directed upon any part of a residence or into any residential district and the light source must also be shielded. All signs installed after the effective date of this section that will have illumination by means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards of this section.

(k)

All signs shall incorporate materials and colors which are compatible with the building upon which the sign is located. "Compatible" means materials which are consistent with the principal architectural features and colors of the building(s) being identified. All signs must be of good quality, and must be designed to include attractive and tasteful colors and design elements. The layout of the sign must give the sign a neat and orderly appearance.

(l)

Any sign alteration will require an amended sign permit.

(m)

With the exception of address signs, every line of copy and graphics on a sign visible from a road must be at least seven inches in height if the road has a speed limit of 25 to 34 miles per hour, nine inches if the road has a speed limit of 35 to 44 miles per hour, 12 inches if the road has a speed limit of 45 to 54 miles per hour and 15 inches if the road has a speed limit of 44[55] miles per hour or more.

(n)

The owner of any sign which is otherwise allowed by this section may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting by the city. 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 other more specific provision to the contrary.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

Generally. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this section and all other applicable laws, ordinances and regulations.

Subd. 2.

Materials. Materials for construction of signs and sign structures shall be of the quality and grade as specified for buildings in the state building code.

Subd. 3.

Signs requiring electricity.

(a)

Signs requiring electricity shall meet the requirements specified by the National Electric Code, as adopted and amended by the city.

(b)

The enclosed shell of signs requiring electricity must be watertight, excepting that service holes fitted with covers must be provided into each compartment of such signs.

(c)

Every sign requiring electricity must have painted on the sign the name of the sign erector and the date of erection. Such name and date must be of sufficient size and contrast to be readable from a reasonable distance. Failure to provide such name and date will be grounds for rejection of the sign by the building inspector.

(d)

Electrical service to the sign must be underground.

Subd. 4.

Dynamic displays. Dynamic displays on signs are allowed subject to the following conditions:

(a)

Dynamic displays are allowed only on monument signs in non-residential zoning districts. Dynamic displays may occupy no more than 35 percent of the actual copy and graphic area of the sign. The remainder of the sign must not have the capability to have a dynamic display even if it is not being used. Only one contiguous dynamic display area is allowed on a sign face;

(b)

A dynamic display must not change or move more often than once every five minutes, except for changes that are necessary to correct date, time or temperature information. A display of date, time or temperature information is considered to be the one allowed dynamic display when activated and may not be included as a component of any other dynamic display at the same time. A display of date, time or temperature must remain activated for at least five minutes before changing to a different dynamic display, but the date, time or temperature information itself may change no more than once every three seconds for the purposes of updating the information;

(c)

The images and messages displayed on a dynamic display must be static, and the transition from one static display to another must be instantaneous and without any special effects;

(d)

The images and messages displayed on a dynamic display must be complete in themselves, without continuation in content to the next image or message or to any other sign;

(e)

Every line of copy and graphics in a dynamic display must meet the font size requirements of section 405.11 above. If there is insufficient room for copy and graphics meeting these requirements, then no dynamic display is permitted;

(f)

Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The display must also be equipped with a means to immediately discontinue the display if it malfunctions and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section;

(g)

Dynamic displays existing on the effective date of this section must comply with the operational standards listed above. An existing dynamic display that does not meet the structural requirements as stated above may continue as a non-conforming sign subject to section 405.31. An existing dynamic display that cannot meet minimum font size requirements as stated in section 405.11 must use the largest size possible for one line of copy to fit in the available space.

Subd. 5.

Maintenance and repair. All signs shall be maintained in good state of repair and free from rust, corrosion, loose or flaking paint, worn or damaged materials, rotted wooden members and loose or missing parts. Signs shall not remain in a defaced state. A sign or sign structure that is not being maintained or is unsafe as determined by the zoning administrator shall be repaired or removed by the owner of the property or building on which it is erected upon receiving notification by the city.

(Revised 04/21/2008, Ordinance 322)

All signs shall be designed and constructed in a uniform manner and, to the extent possible, as an integral part of the building's architecture to which it relates.

(a)

Multi-tenant commercial and industrial buildings must have uniform signage that is architecturally compatible to the corresponding building. Properties that require site plan review under the city code must provide the city with a comprehensive sign plan that shows all proposed signs within the development at the time of submittal of the site plan review application materials.

(b)

Any symbols, pictures, illustrations, or decorations (anything other than wording) shall not occupy more than 15 percent of the sign's display surface area.

(c)

A free standing sign or sign structure shall be constructed so that if the faces are not back to back, the angle separating the faces shall be no more than 45 degrees unless the display surface area of both faces does not exceed the maximum allowable display surface area for that district.

(d)

All signs shall be architecturally compatible with the building and be constructed of compatible materials.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following signs are permitted upon obtaining a sign permit:

(a)

Monument signs. Up to two monument signs are permitted at each entrance to a residential subdivision if approved by the city council as part of a comprehensive sign plan for the subdivision. No individual monument sign may exceed 24 square feet in display surface area nor be six feet above grade in height. Lighting shall be downcast and shielded. dynamic displays are not permitted.

(b)

Home occupation signs. A sign permit shall be reviewed by the city council in conjunction with a conditional use permit for a home occupation. Such signs shall not exceed two square feet in area nor six feet above grade in height.

(c)

Temporary signs on residential project sites. No more than one temporary sign per street frontage may be erected on the site of a residential subdivision or project that has more than ten dwelling units. These temporary signs are subject to the following requirements:

(1)

The total number must not exceed two per project, even if the project has more than two street frontages;

(2)

Shall only be located along streets that provide primary access to the project site;

(3)

Must be set back at least ten feet from any property line;

(4)

Must be firmly anchored into the ground;

(5)

Must not be located closer than 100 feet from an existing residential dwelling unit or other building which is not a part of the project;

(6)

Must not be located closer than 100 feet from any other sign located on the same side of the street;

(7)

The display surface area shall not exceed 32 square feet;

(8)

The height shall not exceed ten feet above grade;

(9)

Must be removed when units in the project are 75 percent sold or leased, or after two years from the date of the sign permit, whichever occurs first; and

(10)

Must not be illuminated.

(d)

Auxiliary signs. Three auxiliary signs shall be permitted for each parcel that does not contain a dwelling. Each auxiliary sign shall not exceed two feet in display surface area nor three feet in height.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following signs are permitted upon obtaining a sign permit:

(a)

Monument signs. Up to two monument signs are permitted at each entrance to a residential subdivision if approved by the city council as part of a comprehensive sign plan for the subdivision. No individual monument sign may exceed 24 square feet in display surface area nor be six feet above grade in height. Lighting shall be downcast and shielded. Dynamic displays are not permitted.

(b)

Home occupation signs. A sign permit shall be reviewed by the city council in conjunction with a conditional use permit for a home occupation. Such sign shall not exceed four square feet in area nor six feet above grade in height.

(c)

Temporary signs on residential project sites. No more than one temporary sign per street frontage may be erected on the site of a residential subdivision or project that has more than ten dwelling units. These temporary signs are subject to the following requirements:

(1)

The total number must not exceed two per project, even if the project has more than two street frontages;

(2)

Shall only be located along streets that provide primary access to the project site;

(3)

Must be set back at least ten feet from any property line;

(4)

Must be firmly anchored into the ground;

(5)

Must not be located closer than 100 feet from an existing residential dwelling unit or other building which is not a part of the project;

(6)

Must not be located closer than 100 feet from any other sign located on the same side of the street;

(7)

The display surface area shall not exceed 32 square feet;

(8)

The height shall not exceed ten feet above grade;

(9)

Must be removed when units in the project are 75 percent sold or leased, or after two years from the date of the sign permit, whichever occurs first; and

(10)

Must not be illuminated.

(d)

Auxiliary signs. Three auxiliary signs shall be permitted for each parcel that does not contain a dwelling. Each auxiliary sign shall not exceed two feet in display surface area nor three feet in height.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following signs are permitted upon obtaining a sign permit:

(a)

Monument signs. One monument sign is permitted at each street entrance to the site. No sign may exceed 50 square feet in display surface area. No sign may exceed 12 feet in height above grade. The sign may be illuminated and may contain a dynamic display. The ground area around the base of each sign must be landscaped with shrubs and landscaping in a surface area equal to at least 50 percent of the sign's display surface area. Landscaping materials shall be selected that will withstand the environmental conditions of the site and provide seasonal interest.

(b)

Wall signs. One wall sign is permitted. The sign must not exceed 15 percent of the building face area or 80 square feet, whichever is greater. An additional wall sign shall be permitted for corner lots. Wall signs shall not be located on any wall that faces an adjacent residential district where there is no intervening public street. Under no circumstances shall any wall sign project above the roof of the building on which it is mounted.

(c)

Temporary signs. Two temporary signs are permitted. No sign permit for a temporary sign shall be issued by the city for a duration of more than ten calendar days at one time or for more than a total of 30 days in a calendar year. The total display surface area for all temporary signs located on a parcel at any one time shall not exceed 35 square feet.

(d)

Auxiliary signs. Three auxiliary signs shall be permitted for each parcel. Each auxiliary sign shall not exceed two feet in display surface area nor three feet in height.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following signs are permitted upon obtaining a sign permit:

(a)

Monument signs. One monument sign is permitted at each street entrance to the site. No sign may exceed 50 square feet in display surface area. Sites with multi-tenant buildings shall be allowed 120 square feet in display surface area for each sign, provided that no single tenant has more than 50 square feet of display surface area on each sign. No sign may exceed 12 feet in height above grade. The sign may be illuminated and may contain a dynamic display. The ground area around the base of each sign must be landscaped with shrubs and landscaping in a surface area equal to at least 50 percent of the sign's display surface area. Landscaping materials shall be selected that will withstand the environmental conditions of the site and provide seasonal interest.

(b)

Wall signs. One wall sign for each business shall be permitted. An additional wall sign shall be permitted for businesses on corner lots. In multi-tenant buildings where individual tenant entrances do not front on a public street, wall signs for the tenants may be located on the entrance façade of the building. Wall signs shall not be located on any wall that faces an adjacent residential district where there is no intervening public street. Under no circumstances shall any wall sign project above the roof of the building on which it is mounted. The total display surface area for wall signs on a site shall not exceed the following:

(c)

Auxiliary signs. Three auxiliary signs shall be permitted for each parcel. Each auxiliary sign shall not exceed two feet in display surface area or three feet in height.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following signs are permitted upon obtaining a sign permit:

(a)

Monument signs. One monument sign is permitted at each street entrance to a shopping center. No sign may exceed 50 square feet in display surface area. Sites with multi-tenant buildings shall be allowed 120 square feet in display surface area for each sign, provided that no single tenant has more than 50 square feet of display surface area on each sign. No sign may exceed 12 feet in height above grade. The sign may be illuminated and may contain a dynamic display. The ground area around the base of each sign must be landscaped with shrubs and landscaping in a surface area equal to at least 50 percent of the sign's display surface area. Landscaping materials shall be selected that will withstand the environmental conditions of the site and provide seasonal interest.

(b)

Temporary signs. Two temporary signs are permitted. Temporary signs must be attached to the principal structure. No sign permit for a temporary sign shall be issued by the city for a duration of more than ten calendar days at one time or for more than a total of 30 days in a calendar year. The total display surface area for all temporary signs located on a parcel at any one time shall not exceed 35 square feet.

(c)

Wall signs. One wall sign for each business shall be permitted. An additional wall sign shall be permitted for businesses on corner lots. In multi-tenant buildings where individual tenant entrances do not front on a public street, wall signs for the tenants may be located on the entrance façade of the building. Wall signs shall not be located on any wall that faces an adjacent residential district where there is no intervening public street. Under no circumstances shall any wall sign project above the roof of the building on which it is mounted. The total display surface area for wall signs on a site shall not exceed the following:

(d)

Window signs. Window signs shall not cover more than 50 percent of the total window area for that face of the building in which they are located. In no case shall the total window sign display surface area exceed the permitted wall sign display surface area. Buildings that have less than 32 square feet of window area are exempt from window sign display surface area restrictions.

(e)

Menu board signs. One menu board sign per restaurant use that has a drive-through facility is permitted. Such sign shall not exceed 45 square feet in display surface area and shall not be greater than eight feet in height.

(f)

Auxiliary signs. Three auxiliary signs shall be permitted for each parcel. Each auxiliary sign shall not exceed two feet in display surface area nor three feet in height.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

The following signs are permitted upon obtaining a sign permit:

(a)

Monument signs. One monument sign is permitted at each street entrance to the site. No sign may exceed 50 square feet in display surface area. No sign may exceed 12 feet in height above grade. The sign may be illuminated and may contain a digital display. The ground area around the base of each sign must be landscaped with shrubs and landscaping in a surface area equal to at least 50 percent of the sign's display surface area. Landscaping materials shall be selected that will withstand the environmental conditions of the site and provide seasonal interest.

(b)

Temporary signs. Two temporary signs are permitted. No sign permit for a temporary sign shall be issued by the city for a duration of more than ten calendar days at one time or for more than a total of 30 days in a calendar year. The total display surface area for all temporary signs located on a parcel at any one time shall not exceed 35 square feet.

(c)

Wall signs. One wall sign for each business shall be permitted. An additional wall sign shall be permitted for businesses on corner lots. in multi-tenant buildings where individual tenant entrances do not front on a public street, wall signs for the tenants may be located on the entrance façade of the building. Wall signs shall not be located on any wall that faces an adjacent residential district where there is no intervening public street. Under no circumstances shall any wall sign project above the roof of the building on which it is mounted. The total display surface area for wall signs on a site shall not exceed the following:

(d)

Window signs. Window signs shall not cover more than 50 percent of the total window area for that face of the building in which they are located. In no case shall the total window sign display surface area exceed the permitted wall sign display surface area. Buildings that have less than 32 square feet of window area are exempt from window sign display surface area restrictions.

(e)

Auxiliary signs. Three auxiliary signs shall be permitted for each parcel. Each auxiliary sign shall not exceed two feet in display surface area nor three feet in height.

(Revised 04/21/2008, Ordinance 322)

Any sign legally existing at the time of the passage of this section that does not conform to the provisions of this section shall be considered a legal non-conforming sign and 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, display surface area or design.

(a)

Nothing in this section shall prevent the return to a safe condition of a sign structure that has been declared to be unsafe by the zoning administrator or building official.

(b)

When any legal non-conforming sign is discontinued for a period of more than one year, or is changed to a conforming sign, any future sign shall be in conformity with the provisions of this section.

(c)

Any legal non-conforming sign shall be removed and shall not be repaired, replaced or rebuilt if it is damaged by fire or other similar peril to the extent of greater than 50 percent of its market value at the time of destruction and no conditional sign permit or building permit (if applicable) has been applied for within 180 days of the date of destruction. The city's building official shall be responsible for making the determination of whether a non-conforming sign has been destroyed greater than 50 percent of its market value at the time of the destruction. In making this determination, the building official shall consider the market value of the entire sign at the time prior to the destruction and the replacement value of the existing sign. In the event a building permit or conditional sign permit is applied for within 180 days of the date of destruction and the sign did not withstand damage greater than 50 percent of its market value at the time of the destruction, the city may impose reasonable conditions upon the building permit and conditional sign permit in order to mitigate any newly created impact on adjacent properties.

(d)

A lawful non-conforming sign shall not be changed to a similar non-conforming sign or to a more restrictive non-conforming sign.

(Revised 04/21/2008, Ordinance 322)

Where the city finds that extraordinary hardships or practical difficulties may result from strict compliance with this section, other than the procedural provisions, and the purposes of this section may be served to a greater extent by an alternative proposal, the city council may approve variances to this section, subject to the variance standards and requirements set forth in section 505.05, subdivision 7 of the city code. An application for any such variance must be submitted to the zoning administrator in writing at the time of submittal of the sign permit application. The application must fully state the grounds and all of the facts to justify the granting of the variance.

(Revised 04/21/2008, Ordinance 322)

Subd. 1.

Notice. Any person who violates any provision of this section shall receive a notice of the violation by hand delivery or mail indicating that he or she must correct the violation within seven days of the date of the notice.

Subd. 2.

Penalties. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which a violation continues to occur shall constitute a separate offense. Violation of any provision of this section shall also be grounds for revocation of the sign permit by the city.

(Revised 04/21/2008, Ordinance 322)

An applicant whose sign permit has been denied or permitee whose sign permit has been revoked may appeal the decision of the zoning administrator to the city council, provided that he or she files written notice of the appeal with the zoning administrator within 15 days' notice of its decision. Such appeal shall be considered by the city council at its next regularly scheduled meeting held after the city's receipt of the written notice of the appeal, provided that the notice of appeal is received by the city a minimum of 20 full business days before the meeting. The city council shall conduct an appeal hearing and allow the applicant and any of his or her witnesses to address the council and to submit additional information. The city council shall make its final determination on the appeal no more than 30 business days after the appeal hearing. The city council shall notify the applicant of its decision and provide reasons for the decision.

(Revised 04/21/2008, Ordinance 322)

This section and its parts are declared to be severable. If any section, subsection, clause, sentence, word, provision or portion of this section is declared invalid or unconstitutional by a court of competent jurisdiction, this decision shall not affect the validity of this section as a whole. All parts of this section not declared invalid or unconstitutional shall remain in full force and effect as if such portion so declared or adjudged unconstitutional or invalid was not originally part of this section, even if the surviving parts of the section result in greater restrictions after the unconstitutional or invalid provisions are stricken. If any part of this section is found to be in conflict with any other provision of this section or any other provision of the city code or other applicable law or regulation, the most restrictive or highest standard shall prevail. If any part of this section is explicitly prohibited by federal or state law, that part shall not be enforced.

(Revised 04/21/2008, Ordinance 322)