(a)

Findings. The city council finds the following:

(1)

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

(2)

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

(3)

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

(4)

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

(b)

Purpose and intent. It is not the purpose or intent of this article to regulate the message displayed on any sign; nor is it the purpose or intent of this article to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this article is to:

(1)

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

(2)

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

(3)

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

(4)

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

(c)

Effect. A sign may be erected, mounted, displayed, or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this article is to:

(1)

Allow a variety of sign types, sizes, and locations by zoning district, subject to the standards set forth in this article.

(2)

Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this article.

(3)

Prohibit signs whose location, size, type, illumination, or other physical characteristics negatively affect the environment and where the communication can be accomplished by having less impact on the environment and the public health, safety, and welfare.

(4)

Provide for the enforcement of the provisions of this article.

(Ord. No. 2020-04, 10-1-2020)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means any sign or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business that has been suspended temporarily because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining on a parcel after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign if the conditional use ends or the variance has been abandoned.

Accessory sign means a sign relating in its subject matter to the uses or activities on the premises on which it is located.

Accessory use means a use which is subordinate to the principal use being made of a parcel of land. Accessory uses are defined in the zoning code.

Address sign means postal identification numbers only, whether in written or in numeric form.

Area identification sign means a free-standing sign which identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three or more structures, a shopping center or area, an industrial area, an office complex consisting of three or more structures or any combination of the above that could be termed an area.

Awning means a roof-like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure primarily over a window, walk or the like. Any part of an awning which also projects over a door shall be counted as an awning.

Awning sign means a building sign or graphic printed on or in some fashion attached directly to the awning material.

Banners and pennants mean attention-getting devices which resemble flags and are of a nonpermanent paper, cloth, or plastic-like consistency.

Bench signs means a sign which is affixed to a bench or shelter at a bus stop.

Billboard means a large outdoor advertising structure mounted on one or more legs and designed to display posters, composite graphics and/or electronic advertisements.

Canopy with marquee means a roof-like structure projecting over the entrance to a building.

Canopy sign means a sign that is part of or attached to a canopy.

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

Dynamic display off-premises sign means a billboard or portion thereof that displays electronic static or dynamic text, images, graphics, or pictures where the message change sequence is accomplished by any method other than physically or mechanically removing and replacing the sign face or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the billboard. This includes a display that incorporates a technology or method allowing the sign face to change the image without physically or mechanically replacing the sign face or its components. This also includes, but is not limited to, any display that incorporates light bulbs, fiber optics, LED lights manipulated through digital input, "digital ink", or any other method or technology that allows the sign face to present a series of text, images, or displays.

Electronic message Signs means displays, devices or portions thereof with lighted messages that change at intervals by electronic process or remove control. Also known as an automatic changeable copy sign, dynamic display message sign, electronic variable message center, electronic dynamic business sign, or video display sign. Electronic message signs are not identified as flashing or motion signs.

Flag means any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.

Freestanding sign means a sign which is placed in the ground and not affixed to any part of any structure.

Height of sign means the vertical distance measured from the base of the sign at grade to the top of the highest attached component of the sign.

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

Interior sign means a sign which is located within the interior of any building, or within an enclosed lobby or court of any building, and a sign for and located within the inner or outer body, court of entrance of any theater.

Institutional sign means any sign which identifies the name and other characteristics of a public or private institution that is located on the site where the institution is located.

Legally established nonconforming sign means a sign and its support structure lawfully erected prior to the effective date of the ordinance from which this article is derived which fails to conform to the requirements of this chapter. A sign which was erected in accordance with a variance granted prior to the adoption of this chapter and which does not comply with this chapter shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign.

Motion sign means any sign which revolves, rotates, or has any moving parts. Included in this category are searchlights used for advertisement.

Nameplate or identification sign means a sign which bears the name and/or address of the occupants of the building.

Nits means an International System of Units, unit of luminance, used to identify the brightness of computer displays.

Non-accessory sign means a sign other than an accessory sign.

Off-premises sign means a sign that directs attention to a use or activity that is not located upon the premises where the sign is located or to which it is attached.

Permanent sign means any sign which is not a temporary sign.

Portable sign means a sign which is not permanently attached to the ground or any structure and so designed as to be movable from one location to another, including by trailer or on its own wheels.

Principal building means a freestanding structure or multi-tenant building sharing common walls.

Projecting sign means any sign, all or any part of which extends over public property more than 12 inches.

Pylon sign means a freestanding sign erected on a single pole structure that greater than 20 feet in height, intended for highway or freeway advertising.

Roof sign means any sign erected upon or projecting above the roofline of a structure to which it is affixed.

Sign means any letter, word or 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 or on a window or on the interior of a building within three feet of a window and clearly visible from the outside of the building for informational or communicative purposes.

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

Sign structure means a structure including the supports, uprights, bracing and framework which support or could support a sign.

Street frontage means the edge of a street along a parcel. An interior lot has one street frontage and a corner lot two such frontages.

Temporary sign means a sign which is erected or displayed for a limited time. Temporary signs are typically constructed of lightweight, non-permanent materials and structures. Temporary signs shall include: banners, pennants, portable bulletin signs, freestanding signs, streamers, and sandwich boards.

Traffic directional sign means a sign which is erected by a governmental unit for the purpose of directing or guiding traffic.

Wall sign means any sign which is affixed to a wall of any building.

Window sign means a building sign, pictures, symbol, or combination thereof that is placed inside a window, or upon the window glass, and is visible from the exterior of the window.

(Ord. No. 2020-04, 10-1-2020; Ord. No. 2022-05, § 1, 7-21-2022)

(a)

All permanent signs shall be constructed in accordance with the current state building code and National Electrical Code. To the extent that any conflict exists between those provisions and the provision of this Code, the more restrictive shall apply. All signs shall be constructed in such a manner and of such material that they shall be safe and substantial, provided that nothing in this Code shall be interpreted as authorizing the erection or construction of any sign not permissible under the current zoning or building codes of the city.

(b)

All permanent signs utilizing electricity shall be subject to the state's current electrical code and electrical wiring shall be buried or concealed.

(c)

All permanent sign structures shall be designed and constructed to withstand a wind pressure of not less than 80 mph, or as determined by the current state building code.

(d)

All billboards and signs along interstates and highways shall comply with applicable federal laws and rules and with M.S.A. §§ 173.13-173.231 and Minn. R. pts. 8810.0200—8810.1400 and successor statutes and rules.

(e)

All sign distances and setbacks required in this article shall be measured from the outer edge of the sign that is closest to the structure or roadway edge from which the setback is required.

(f)

Freestanding and monument signs.

(1)

Non-accessory freestanding and wall signs are prohibited in all districts, except in areas specially designated for off-premises signs in this article.

(2)

The base or support structure for freestanding and monument signs shall compliment the design of the building and incorporate 40 percent of brick, stone, decorative block, or similar substantial materials as approved by the city. The base of the sign shall be at least 75 percent of the width of the sign from the ground to the bottom of the sign.

(3)

Freestanding, on-premises signs along major thoroughfares (I-494 and T.H. 61) shall be subject to a review by the zoning administrator. The focus of the review is to assure the quality of the sign's design and materials and compliance with this code. Furthermore, the zoning administrator will consider the signs' relationship to any architectural theme of existing or proposed structures on the parcel.

(4)

Any freestanding sign within 25 feet of any intersection of street right-of-way lines or driveway entrances shall have vertical clearance for proper visibility by motorists on all affected roadways.

(g)

No sign other than public traffic controls shall be erected within any street right-of-way or upon any public easements except as permitted in this section.

(h)

A permit for a sign to be located within 50 feet of any street or highway regulatory or warning sign, or of any traffic sign or signal, or of any crossroad or crosswalk, will be issued only if:

(1)

The sign will not interfere with the ability of drivers and pedestrians to see any street or highway sign, or any traffic sign or signal, or any crossroad or crosswalk.

(2)

The sign will not distract drivers nor offer any confusion to any street or highway sign, or any traffic sign or signal. The burden of establishing whether a sign configuration will not disturb or confuse drivers will be on the applicant seeking to construct the sign.

(3)

Campaign yard signs permitted by this section may be placed not less than five feet from the curb, lot line or edge of street in residential, mixed-use, business, and industrial districts.

(i)

Any illuminated sign located within 50 feet of lot line of a residential use or a Residential or Mixed-Use district shall have diffused or indirect illumination so direct rays of light shall not be directed into an adjacent residence. All illuminated signs in Business and Industrial Districts adjacent to Residential and Mixed-Use Districts shall be designed to illuminate the sign and not illuminate residential properties to the extent practicable.

(j)

The building official, in granting permits for illuminated signs, shall specify the hours during which the same may be kept lighted to prevent the creation of a nuisance. All illuminated signs shall have a shielded light source.

(k)

Roof signs shall be prohibited in all districts.

(l)

Billboards shall be prohibited in all districts except as expressly allowed in section 36-555.

(m)

Campaign yard signs, posted by a bonafide candidate for political office or by a person or group promoting a political issue or a political candidate, may be placed in any district. Such signs may be erected beginning 46 days before the state primary in a state general election year and must be removed no later than ten days following the election. The signs shall be setback a minimum of five feet from the edge of the street and signs shall not visually obstruct motor vehicle operation. Candidates shall be provided a copy of this ordinance upon filing for office.

(n)

Temporary real estate signs may be erected for the purpose of selling or promoting residential development projects provided:

(1)

Such signs shall not exceed 128 square feet in area.

(2)

Only one sign shall be permitted per street frontage upon which the property abuts.

(3)

Such signs shall be removed when the project is 80 percent completed, sold, or leased.

(4)

Such signs shall be located no closer than 100 feet to any residence not part of the project.

(o)

Temporary signs adjacent to the public right-of-way for the purpose of selling or leasing individual lots or buildings shall be permitted provided:

(1)

Such signs shall not exceed six square feet in area for residential property and 32 square feet for nonresidential property and multiple-family developments of four or more dwelling units.

(2)

Only one such sign is permitted per street frontage upon which the property abuts.

(3)

Such signs shall be removed within seven days following the lease or sale.

(p)

Temporary signs such as flying signs, air inflated devices, and search lights shall not be allowed at any time, in any zoning district, unless otherwise specified in this chapter.

(q)

The total sign area of any multi-faced free-standing or projecting wall sign shall not exceed two times the permitted area of a two-sided sign or three times the area of a three-sided sign. All applications for signs of more than two sides shall be reviewed by the zoning administrator, and at his/her discretion by the planning commission and city council.

(r)

Off-premises signs, except permitted temporary signs and permitted pylon signs and billboards in business, commercial, and industrial districts, are prohibited in all districts.

(s)

Bench signs are permitted in all districts at MTC bus stops. Back-lighted signs are permitted on the ends of bus shelters or transit stations.

(t)

Church directional signs shall be permitted in all districts provided the total area of such signs shall not exceed four square feet per facing.

(u)

Canopies and marquees shall be considered an integral part of the structure to which they are accessory. Signs may be attached to a canopy or marquee but such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area.

(v)

Signs advertising garage, yard or similar household sales shall be removed within seven days of the sale.

(w)

Signs with moving or changing electronic messages are allowed as part of the total area of a permitted sign.

(x)

Signs located in the interior of a building and are not visible from the outside of the building shall be exempt from the provisions of this section and shall not require permits or payment of fees.

(y)

No sign shall contain any obscene matter as described by M.S.A. § 617.241 or successor statutes.

(Ord. No. 2020-04, 10-1-2020; Ord. No. 2022-05, § 1, 7-21-2022)

(a)

In addition to those signs permitted or prohibited in all districts, the following signs are allowed in each specific district and shall be regulated as to size, location, and character according to the requirements set forth:

(1)

Residential and mixed-use districts.

a.

Non-commercial (election) signs that comply with M.S.A. § 211B.045 or successor statutes.

b.

Nameplate signs: one for each dwelling unit, not greater than two square feet in area, indicating the name and/or address of the occupant.

c.

Recreational signs: one sign or bulletin board per street frontage for a park and recreational use in residential districts. Such sign or bulletin board shall not exceed 24 square feet in area nor shall it be placed closer than ten feet to any edge of a street line nor shall it be placed in a location that would interfere with the safe movement of traffic.

d.

Temporary signs that are a maximum of 20 square feet in size. A maximum of three temporary signs are allowed per parcel in residential districts. Temporary signs may be displayed for a maximum of 14 days, up to two times per year.

e.

Temporary signs for individual lot or building sales and for sales of residential development projects that comply with section 36-553.

f.

One permanent sign up to 32 square feet per street frontage shall be allowed by sign permit to identify residential subdivisions and multiple-unit developments. The sign may be a maximum of six feet in height. The sign shall be designed to be architecturally compatible with the building or project with the base of the sign consisting of colors and materials compatible to the building or project.

g.

The maximum height of freestanding signs in residential districts shall be eight feet.

h.

Lighting must be indirect or diffused and comply with the requirements of this section.

i.

Non-residential institutional uses in residential districts and mixed-use districts:

1.

Wall signs: one wall sign for each street frontage shall be permitted on a building. The total area of all wall signs affixed to a building wall shall not exceed 20 percent of the total area of that wall. No individual wall sign shall exceed 150 square feet.

A wall sign shall not project more than 18 inches from the wall to which the sign is to be affixed. Furthermore, wall-mounted signs shall not exceed the roofline of any building.

Banners shall be included in the allowance for wall signs. The design and construction of all banners shall be professional looking and not be allowed to become torn or weathered.

2.

Free-standing signs: one freestanding sign is permitted for each street frontage. The total area of a free-standing sign for a building having one street frontage shall not exceed 60 square feet. Where a building has two or more street frontages, each permitted free-standing sign in excess of one shall be no greater than one-half the area of the first sign.

i.

No part of a free-standing sign shall be closer than eight feet to the property line or exceed ten feet in height. The height shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower.

3.

Temporary signs: temporary special event signs may be displayed upon issuance of a permit for not more than ten calendar days, and not more than two times each year. Such signs shall include banners, pennants, flying signs, air-inflated devices, search lights, portable bulleting signs, streamers, and other signs approved by the city.

i. Established

churches are exempt from permit requirements, number of days, and frequency guidelines.

4.

Electronic message signs: for non-residential institutional uses in residential and mixed-use districts, signs with moving or changing electronic messages are allowed as part of the total area of the permitted sign, with the following standards:

i.

A conditional use permit is required.

ii.

The sign is allowed as a portion of a free-standing sign.

iii.

The electronic portion of the sign shall not exceed 32 square feet.

iv.

Signs may be square or rectangular and contain all messages within.

v.

Signs must have minimum display duration of 30 seconds.

vi.

No dynamic display electronic sign shall be erected that by reason of position, shape, movement, or color, interferes with the proper function of a traffic sign, signal, or which constitutes a traffic hazard.

vii.

Signs shall not exceed 4,500 Nits between the hours of civil sunrise and civil sunset, as measured from the sign face.

viii.

Electronic portion of the sign may not be illuminated between 10:00 pm and 6:00 am and shall have a maximum of 250 Nits from civil sunset to civil sunrise, as measured from the sign face. The city council may extend the hours of illumination if the proposed sign is located at least 100 feet from all residential property boundaries.

ix.

Signs shall have a fully-functional off switch that automatically shuts the display sign off when the display deteriorates ten percent or greater.

x.

The lamp wattage and luminance level in Nits shall be provided at the time of permit application.

xi.

Public service messages, in addition to messages such as Amber Alerts, are to be provided at no cost to the public.

xii.

Electronic message signs are prohibited as temporary signs.

j.

The following types of signs are not allowed in residential zoning districts or on parcels with residential uses or adjacent to residential uses in all other districts: awning signs, canopy signs, changeable copy signs, dynamic display signs, flashing signs, marquee signs, pole signs, and pylon signs.

(2)

Business districts and business signs in mixed-use districts.

a.

Temporary signs. Temporary signs or banners that are a maximum 20 square feet in size are allowed. A maximum of three temporary signs are allowed per parcel on commercial properties in business, commercial, and mixed-use districts. Temporary signs may be displayed for a maximum of 30 consecutive days. No sign permit is required for temporary signs unless otherwise noted.

1.

The design and construction of temporary signs shall be professional looking and not be allowed to become torn or weathered. The city may require removal of a temporary sign if found inconsistent with this requirement.

2.

Temporary signs such as flying signs, air inflated devices, and search lights shall not be allowed at any time in any zoning district as established in subsection 36-553(p).

3.

One additional banner meeting the requirements established in subsection 36-554(a)(2)(b) may be allowed with a permit.

b.

Wall signs.

1.

One wall sign for each street frontage shall be permitted on a building for each business located within the building. The total area of all wall signs affixed to a building wall shall not exceed 20 percent of the total area of that wall. No individual wall sign shall exceed 150 square feet. The business or property owner shall obtain a sign permit for each wall sign.

2.

A wall sign shall not project more than 18 inches from the wall to which the sign is to be affixed. Furthermore, wall mounted signs shall not exceed the roof line on any building.

3.

The design and construction of all banners shall be professional-looking and not be allowed to become torn or weathered. The city may require removal of a temporary banner if found inconsistent with this requirement.

4.

One temporary banner is allowed in addition to existing wall signs or other temporary signage for a period of up to 120 days per year. Such temporary banners require a permit and must be affixed to a facade.

5.

Temporary banners affixed to a facade shall be limited in size to 80 square feet or ten percent of the building facade, whichever is less. When combined on a facade with wall signs, the overall sign area shall not exceed 20 percent of the total area of that wall.

c.

Permanent freestanding signs. One permanent freestanding sign is allowed for each building for each street frontage. The business or property owner shall obtain a sign permit for each permanent freestanding sign.

1.

The total area of a freestanding sign for a building having one street frontage shall not exceed 80 square feet. Where a building has two or more street frontages, each permitted freestanding sign in excess of one shall be no greater than one-half the area of the first sign.

2.

No part of a permanent freestanding sign shall be closer than ten feet to the front property line or exceed 25 feet in height. The height shall be measured from the base of the sign or grade of the nearest adjacent roadway, whichever is lower, to the top edge of the sign.

d.

Portable signs. One portable message sign up to 40 square feet in area may be displayed only during the merchant's business hours. The business or property owner shall obtain a sign permit for a portable sign if the sign has electrical components. Such signs shall be located within the width of the storefront to which it is related and shall not be placed within the public right-of-way or public easements.

e.

Multi-tenant monument signs. One monument sign shall be permitted for each multi-tenant building provided the surface area of the sign does not exceed 100 square feet per side, 25 feet in height, and is setback in no case less than 20 feet from the property lines. The area may be increased to maximum of 150 square feet per side for developments of over 20 acres.

f.

Pylon signs. Retail and service establishments on property abutting an interstate freeway or state highway right-of-way may erect one pylon sign for each building or building owned by a corporate entity or business. The sign shall not exceed 150 square feet of display surface area and shall be in addition to their one freestanding sign or wall sign. The pylon sign must be placed a minimum of 50 feet from the right-of-way of highways or interstate roadways. The maximum allowed height of pylon signs is 35 feet unless the city approves an increase in the height of the sign.

1.

Application may be made to the city for a variance to increase the maximum pylon sign height on a lot having the following characteristics:

i.

The lot abuts the right-of-way of an interstate freeway or state highway or abuts a frontage road immediately adjacent to an interstate freeway or state highway.

ii.

The lot does not have and is not allowed to have directional signage on the interstate freeway or state highway directing the public to the subject lot.

2.

To be eligible for a variance to increase sign height, the application shall be accompanied by the following drawings drawn to scale:

i.

A site plan showing the location of the proposed sign, property lines of the subject property, road alignments of adjacent streets and highways and the locations of any cross-sectional drawings necessary to analyze the request.

ii.

Cross-sectional drawings necessary to analyze the request showing the entire traveled surface of the freeway or state highway, any retaining walls or fences, any frontage roads, and the proposed sign location.

3.

The zoning administrator may approve an application for a variance to increase pylon sign height above the 35 foot maximum height permitted in this section when the proposed sign plan meets each of the following requirements:

i.

The sign is no higher than necessary to allow the bottom edge of the sign face to be visible from at least 50 percent of the traveled surface of the interstate or state highway.

ii.

The top of the sign face is no more than 12 feet above the bottom of the sign face.

iii.

The location of the sign is such that the increase in sign height is minimized.

iv.

The sign face shall not exceed 150 square feet.

g.

Flags. An individual business and institution may have no more than three flags or 45 square feet of flag surface area displayed at any one time.

h.

Illuminated signs. The building inspector and zoning administrator, in granting permits for illuminated signs, shall specify the hours during which the sign may be kept lighted to prevent the creation of a nuisance. All illuminated signs shall have a shielded light source that will prevent the direct view of that light source from any passing roadway or residence at grade. Any illuminated sign located within 50 feet of a lot line of a residential district shall be diffused or indirect so as not to direct rays of light into adjacent residences.

i.

Electronic dynamic display business signs. Signs with moving or changing electronic messages are allowed as part of the total area of the permitted sign in business districts or for business uses in mixed-use districts, with the following standards:

1.

Require a sign permit and approval of the city administrator.

2.

Allowed for use with free-standing, wall, and pylon signs.

3.

Signs may be square or rectangular and shall contain the entire message within the sign area.

4.

Signs must have a minimum display duration of 30 seconds.

5.

Goods and services described on the sign must be available at the businesses.

6.

No electronic dynamic display business sign shall be erected that by reason of position, shape, movement, or color, interferes with the proper functioning of traffic signs, signals, or which constitutes a safety hazard.

7.

Signs shall not exceed 4,500 Nits between the hours of civil sunrise and civil sunset and shall not exceed 500 Nits between the hours of civil sunset and civil sunrise, as measured from the sign face.

8.

Signs adjacent to residential properties shall be shut off from 10:00 pm to 6:00 am or have a maximum of 250 Nits from civil sunset to civil sunrise.

9.

Signs shall have a fully functional off switch that automatically shuts the display sign off when the display deteriorates ten percent or more.

10.

The lamp wattage and luminance level in Nits shall be provided at the time of permit application.

11.

Public service messages, in addition to messages such as Amber Alerts, are to be provided at no cost to the public.

12.

Electronic dynamic display business signs are prohibited as temporary signs.

j.

Non-commercial (election) signs that comply with M.S.A. § 211B.045 or successor statutes are permitted in Business and Mixed-Use Districts.

(3)

Industrial districts.

a.

Temporary signs. Temporary signs or banners that are a maximum 20 square feet in size are allowed. A maximum of three temporary signs are allowed per parcel on commercial properties industrial districts. Temporary signs may be displayed for a maximum of 30 consecutive days. No sign permit is required for temporary signs.

1.

Temporary signs shall include: banners, pennants, portable bulletin signs, freestanding signs, streamers, and sandwich boards. The design and construction of all the signs shall be professional looking and not be allowed to become torn or weathered.

2.

Temporary signs such as flying signs, air inflated devices, and search lights shall not be allowed at any time in any zoning district.

b.

Free-standing identification signs. One identification sign is permitted for each building, not to exceed 80 square feet in area.

No part of a freestanding sign shall be closer than ten feet to the front property line or exceed 15 feet in height. The height shall be measured the same as for a freestanding sign in the Commercial Districts.

The maximum height of free-standing signs shall be 20 feet.

c.

Wall signs: One wall sign is permitted for each tenant having a private entry into a multi-tenant building in addition to the free-standing building identification sign. The sign be displayed at or near the tenants' entrance and not to exceed ten percent of the area of the wall to which it is affixed.

No wall sign shall exceed 150 square feet in area. Commercial activities such as motels, restaurants, and similar businesses may have signs according to the standards of the Business and Mixed-Use districts.

d.

Billboard signs are permitted that comply with section 36-555.

e.

Non-commercial (election) signs that comply with M.S.A. § 211B.045 or successor statutes are permitted in Industrial Districts.

(Ord. No. 2020-04, 10-1-2020; Ord. No. 2022-05, § 1, 7-21-2022)

(a)

Billboards may be permitted as off-premises signs, and may only be erected on properties abutting Interstate Highway 494 and are intended to be viewed from Interstate Highway I-494.

(b)

Billboards are only permitted in the I-1, I-2, and B-1 zoning districts.

(c)

All billboards shall comply with federal and state rules and regulations for signs along interstates and highways and shall obtain any required federal and state permits.

(d)

The maximum allowable size of any billboard is 700 square feet in surface area per sign surface. Skirting material is permitted in addition to the sign surface area and shall not exceed the length of the sign and shall be no more than three feet wide.

(e)

Billboards with dynamic display shall not contain more than two sign surfaces. Said sign surfaces shall face in opposite directions with an interior angle not to exceed 45°.

(f)

The maximum allowable height of any billboard is 50 feet above the travelled grade of the roadway surface.

(g)

The minimum allowable distance in any direction between billboards on either side of the highway is one mile or 5,280 feet.

(h)

The minimum allowable proximity of any billboard to any Residential or Mixed-Use District is 500 feet.

(i)

The minimum allowable distance of any billboard to any Interstate or Trunk Highway right-of-way is five feet.

(j)

The minimum allowable distance of any billboard to any building shall be 25 feet.

(k)

No billboard may display any moving parts nor shall it be illuminated with any flashing or intermittent lights.

(l)

Every billboard shall be properly surface-coated and all surfaces shall be property painted and maintained.

(m)

A billboard may be an electronic or illuminated sign: Any such billboard must meet the additional requirements imposed upon such signs in section 36-556. All billboards with dynamic shall be licensed pursuant to the City Code.

(Ord. No. 2020-04, 10-1-2020)

In addition to the requirements in section 36-555 as applicable, billboards with dynamic display electronic messages are allowed as part of the total area of a billboard, based on the following:

(1)

Findings, purpose, and intent. The city finds it necessary for the promotion and preservation of the health, safety, welfare and aesthetics of the community that the construction, location, size, conspicuity, brightness legibility, operational characteristics, and maintenance of dynamic display off-premises signs be controlled. Dynamic display off-premises signs have a direct and substantial impact on traffic safety, pedestrian safety, community aesthetics and property values. The city recognizes that signs provide a guide to the physical environment and as such serve an important function in the community and economy. With respect to dynamic display off-premises signs the city council finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, dynamic display off-premises signs may constitute a serious traffic safety threat. Studies completed in the Twin Cities Metropolitan Area have revealed that electronic signs are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. The city intends by this section to establish a legal framework for dynamic display billboard sign regulation in the city. The regulations promulgated in this section are intended to facilitate communication between people while protecting and promoting the public health, safety, welfare, and aesthetics of the community. It is not the purpose or intent of this subsection to prefer or favor commercial messages or speech over noncommercial messages or speech or to discriminate between types of noncommercial speech or the viewpoints represented therein. Rather, the purpose of the dynamic display billboard sign regulations promulgated in this section is as follows:

a.

To eliminate potential hazards to motorists and pedestrians using the public streets and rights-of-way.

b.

To safeguard property values.

c.

To control nuisances.

d.

To preserve the appearance of the city through adherence to aesthetic principles.

e.

To eliminate excessive and confusing sign displays.

f.

To encourage signs which by their design are integrated with the surrounding environment and the sites they occupy, and

g.

To promote the public health, safety, and general welfare.

(2)

Permits. A sign license and a building permit are required for dynamic display off-premises signs. Prior to permitting any dynamic display off-premises sign, the applicant shall submit a signed letter from the dynamic display sign manufacturer certifying that the dynamic display off-premises sign has been calibrated to comply with the requirements of section.

(3)

Performance standards. Dynamic display off-premises signs shall comply with the following standards:

a.

The design of the support structure for the sign shall be approved by the city and include an illuminated logo of the city with the name "City of Newport" inscribed.

b.

No dynamic display off-premises sign shall be erected that, by reason of position, shape, movement, or color, interferes with the proper functioning of a traffic sign, signal, or which constitutes a traffic hazard.

c.

Dynamic display off-premises signs shall have a minimum display duration of eight seconds. Such displays shall contain static messages only; change from one static message to another shall be instantaneous without any special effects, through dissolve or fade transitions, or with the use of another subtle transition technique that does not have the appearance of moving text or images.

d.

The dynamic display off-premises sign shall be rectangular in shape and all messages must be contained within the sign. The portion of any dynamic or illuminated sign that is used for the conveyance of any message will be included within the overall size of the sign.

e.

Dynamic display off-premises signs shall not be permitted on any buildings.

f.

Signs with dynamic electronic display shall not emit sound.

g.

All dynamic display off-premises signs shall have installed ambient light monitors and shall allow such monitors to automatically adjust the brightness level of the electronic sign based on light conditions at all times.

h.

Dynamic display off-premises signs shall meet the following brightness standards: Dynamic display off-premises signs shall not exceed 7,500 Nits (candelas per square meter) between the hours of civil : sunrise and civil sunset measured from the face of the sign. The light level shall not exceed 0.3 foot candles above ambient light as measured from a pre-set distance depending on sign size. Measuring distance shall be determined using the following equation: the square root of the message center sign area multiplied by 100. Example: 12 square foot sign √(12 x 100)= 34.6 feet measuring distance.

i.

Dynamic display off-premises signs shall have a fully-functional monitoring off switch system that automatically shuts the dynamic display billboard sign off when the display deteriorates, in any fashion, five percent or greater until the dynamic display sign has been repaired to its fully-functional factory specifications.

j.

Any dynamic display off-premises sign located within 50 feet of a lot line of a residential district or residential use in a mixed-use zoning district shall be turned off or programmed to go blank between the hours of 10:00 p.m. and 6:00 a.m., daily. All dynamic display billboards in business and industrial districts that are close to residential districts and residential property located in a mixed- use or business district shall be designed to illuminate the sign and not residential properties.

k.

The lamp wattage and luminance level in Nits of the dynamic display off-premises sign shall be provided at the time of permit application from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with City Codes and that the owner or operator shall provide proof of such conformance upon request of the city.

l.

Public service messages, in addition to messages such as Amber Alerts, shall be provided on the dynamic display billboard sign at no cost to the public.

m.

Portable, dynamic display signs are not allowed as permanent signs in any district.

(Ord. No. 2020-04, 10-1-2020)

(a)

All signs, billboards, and other advertising structures together with their supports, braces, guys and anchors shall be maintained to be structurally sound, safe, and in good repair. Every sign and immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean sanitary, and inoffensive condition and fee and clear of all obnoxious substances, rubbish, and weeds.

(b)

All signs shall be properly surface-coated and the display surfaces and supports shall be properly painted, pasted, and maintained.

(c)

All signs which are unsafe, dangerous, or unsightly shall be repaired or removed. Unsafe or dangerous signs shall be removed or otherwise properly secured by the property owner or sign owner upon receipt of notice to do so by the city. Any abandoned, unsafe, or illegal sign is declared to be a danger to the health, safety, and welfare of the citizens of the city and is declared to be a public nuisance subject to abatement and assessment, except that legally established nonconforming signs shall not be abated until they have been abandoned for more than one year.

(Ord. No. 2020-04, 10-1-2020)

(a)

All nonconforming signs shall be brought into compliance within 60 days of a change in the principle business use.

(b)

Any business or property with signs not in compliance with the standards of this section, but which were in place legally on the date of the adoption of this Code, may retain such signs as legal nonconforming uses. Such signs may be maintained normally. A significant change in the size, shape, design, or materials of the sign, as determined by the zoning administrator, shall be in conformance with all standards of this section.

(c)

Any nonconforming temporary or portable sign existing at the time of adoption of this article shall be made to comply with the requirements set forth or shall be removed within one year after the adoption of this article.

(Ord. No. 2020-04, 10-1-2020)

(a)

Nonstructural trim. Nonstructural trim and portable display surfaces may be of wood, stone, metal, approved plastics, or any combination thereof, provided that the requirements of this ordinance are satisfied where applicable.

(b)

Anchorage.

(1)

Structural members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force 25 percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.

(2)

Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base shall be adequate to resist wind pressure.

(3)

Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to support the loads applied.

(4)

No wooded blocks or plugs, or anchors with wood used in connection with screws or nails, shall be considered proper anchorage, except in the case of signs attached to wood framing.

(5)

No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in then adopted uniform building code.

(c)

Display surfaces. Display surfaces in all types of signs may be made of metal, glass, or approved plastics.

(d)

Plastic materials. The building inspector shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is determined that the evidence submitted is satisfactory for the use intended, he may approve its use.

(Ord. No. 2020-04, 10-1-2020)

(a)

Permits. Except as provided in this article, the owner or occupant of the premises on which a sign is to be displayed and the owner or installer of such signs, shall file an application for a sign permit or other permits as required on the form provided by the city zoning administrator for permission to display such sign. Sign permits, conditional use permits, or interim use permits must be acquired for all existing, new, relocated, modified, or redesigned signs as specified in this section, except those specifically exempted below. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. The applicant shall submit the following information with the application:

(1)

Names and addresses of the owners of the proposed sign and property where it is proposed to be placed.

(2)

The legal description of the property where the sign will be placed.

(3)

A complete set of plans showing the location, setbacks, elevation, size materials, and details of the sign that fully and clearly represent the construction and placement of the sign, and cost of the sign.

(4)

The type of sign (i.e., wall sign, monument sign, etc.).

(5)

If the sign is proposed to be located along a state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained all required permits from the state for the sign.

(b)

Applicants for a dynamic display billboard sign permit shall enter into an agreement with the city to provide the city no less than ten hours, provided in 4,500, 8-second spots, per month per dynamic display billboard sign face in the city for community and public service messages at such times as shall be reasonably determined by the city. This agreement must be approved by the city council before a permit for the construction or conversion of a dynamic display billboard sign may be issued by the city.

(c)

The city zoning administrator may approve sign permits. The review period shall be consistent with M.S.A. § 15.99 or successor statutes. If the permit is denied, the zoning administrator shall prepare a written notice describing the reason for denial and the applicant's appeal rights, and send it by certified mail, return receipt requested, to the applicant.

(d)

If a sign authorized by a permit has not been installed within 180 days after the date of issuance of a sign permit, the permit shall become null and void.

(Ord. No. 2020-04, 10-1-2020)

(a)

A permit applicant or permit holder may appeal any order or determination made by the city zoning administrator or his deputies pursuant to this article by filing a notice of appeal with the city administrator requesting a hearing before the planning commission. The planning commission will hear:

(1)

Appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this article.

(2)

Requests for variances from the literal provisions of this article.

(b)

Upon completion of the public hearing, the planning commission will forward to the city council a recommendation on the appeal for final approval/disapproval.

(Ord. No. 2020-04, 10-1-2020)

The exemptions allowed by this section shall apply only to the requirement of a permit and shall not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from complying with the other provisions of this article. No permit is required under this section for the following signs:

(1)

Signs which are completely within a building, are not on or within three feet of a window and are not visible from the outside of the building.

(2)

Nameplate or address plate not exceeding two square feet in size.

(3)

Up to three temporary signs that are six square feet in area or less on a property for the duration permitted by this section.

(4)

Signs erected by the city on city properties and public rights-of-way.

(5)

Window signs in business, industrial and mixed-use districts that comply with this section.

(6)

Non-commercial signs that comply with M.S.A. § 211B.045 or successor statutes.

(7)

Signs may be placed on parcels that are currently offered for sale provided such signs are not closer than ten feet to any property line and shall not exceed 36 square feet in area for multifamily residential, commercial, industrial or mixed uses. One sign shall be permitted for each street frontage.

(8)

Signs may be erected on parcels that are currently under construction for single-family or multiple-family residences. The plat of the development shall be recorded with the county recorder prior to the erection of a sign. Such signs are subject to the following standards:

a.

Such signs shall not exceed 128 square feet in area.

b.

Only one such sign shall be erected on each road frontage with a maximum of three such signs per project.

c.

Such signs shall be removed when the project is 80 percent completed, sold or leased.

d.

Such signs shall be located on the property which is for sale.

e.

Signs for nonresidential property, multiple-family developments of four or more dwelling units and single-family developments of four or more dwelling units shall be located no closer than 100 feet to any residence not part of the project.

(9)

Back-lighted signs are allowed on the ends of bus shelters, and signs are allowed on benches at bus stops.

(Ord. No. 2020-04, 10-1-2020)

(a)

If the city zoning administrator or his deputies finds that any sign regulated by this article is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit first being granted to the installer of the sign or to the owner of the property upon which the sign has been erected if a permit is required for the sign, or if the owner fails to properly maintain the sign in a safe, orderly condition at all times, including the replacement of defective parts, or is in violation of any other provisions of this article, the city zoning administrator shall give written notice of such violation to the owner or permittee thereof. If the owner or permittee fails to comply with the provision set forth in this article within ten calendar days following receipt of the notice:

(1)

Nuisance. Such sign shall be deemed to be a nuisance and may be abated by the city by proceedings taken under M.S.A. ch. 429, and the cost of abatement, including administration expenses, may be levied as a special assessment against the property upon which the sign is located.

(2)

Penalty. Failure to comply with the provisions of this article shall be a misdemeanor.

(b)

Any property owner that leases building space or land on or within their property has a responsibility to assist, as is applicable, in the enforcement of this section with their tenants.

(Ord. No. 2020-04, 10-1-2020)