(a)

The purpose of this article is to protect and promote the general welfare, health, safety and order within the city through the standards, regulations and procedures governing the erection, use or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public rights-of-way or properties.

(b)

The provisions of this article are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this article, while at the same time assuring that the public is not endangered or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.

(Code 1999, § 24.010)

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, that remains without a message or whose display surface remains blank for a period of 90 days or more; or any sign that pertains to a time, event or purpose that no longer applies. Any sign remaining after demolition of a principal structure shall be deemed abandoned.

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

Advertising sign means an outdoor sign that portrays, through the use of words, letters or symbols, the type or name of any business conducted on the premises or the name of the individual firm, association, corporation or profession conducting business or selling of a product or service obtainable on the premises.

Animated sign means a sign that features moving parts or electronically controlled changeable messages, either illuminated or not illuminated.

Area identification sign means a sign that identifies a group of housing units or office, commercial or industrial buildings that are three or more in number.

Awning means a sheet of canvas, vinyl, metal, or other material on a frame and used to keep the sun or rain off a storefront, window, doorway, or deck.

Awning sign means a sign that is painted or attached to an awning.

Banners means attention-getting devices that resemble flags and are of a paper, cloth or plastic-like consistency.

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

Billboard means an off-premises advertising sign in excess of 340 square feet designed to display posters or other composite graphic advertisements for products or services sold elsewhere.

Boutique sale means the sale of handmade items created by the person residing on the premises. The term "boutique sale" may also include several persons, including the person residing on the premises, selling their handmade items. A boutique sale does not include the sale of commercially manufactured merchandise.

Building means a freestanding structure, or group of structures, joined by common walls.

Bulletin sign means a sign which announces available goods or services through the use of changeable letters. This sign may be freestanding, mounted on the same post as a business identification sign, wall-mounted, or portable. It may be illuminated or not.

Canopy and marquee means a roof-like structure projecting over the entrance to a theater, store, etc.

Clear view triangle means a triangle formed by connecting the three following points: the point of intersection of the extensions of the curblines or edge of the traveled portion of each street or drive aisle, and a point on each curbline 30 feet from the aforementioned point of intersection.

Channel letter means a three-dimensional letter with sides and a translucent front face that is capable of transmitting light form an internal source behind the letter.

Directional sign means a sign that designates the direction of any place or area and is located on the same lot as the place or area. Examples include entrance and exit signs.

Display means a three-dimensional object intended to attract attention, announce a location or otherwise convey a message. May be designed to be temporary or permanent.

District means a specific zoning district as defined in this article.

Double-faced sign means a sign with two faces, each oriented 180 degrees from the other.

Dynamic sign means 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. This includes any display that incorporates a method or technology that allows the image on the sign face to change without physically or mechanically replacing the sign face or its components. This also includes signs containing parts that rotate, revolve, move, flash, blink, utilize light emitting diode (LED) or liquid crystal display (LCD) lights, or any other technology that allows the sign to display a series of images.

Flag means any fabric, banner or bunting containing distinctive colors, patterns or symbols used as a symbol of a government or a political subdivision.

Freestanding sign means a sign whose baser is embedded into the ground and not attached to a building.

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

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

Mansard roof means a gambrel-style hip roof that is usually ornamental only, usually not functional as a roof, and, when used on a commercial buildings, acts as a false front. On a residence, a mansard roof is normally used on all four sides and functions as a two-slope hip roof.

Menu board means an outdoor sign that lists available offerings for drive-through customers at a retail business to enable customers to order from that menu.

Mobile sign. See Portable sign.

Monument sign means a freestanding sign that is roughly rectangular in shape and with a base that contacts the ground along its full width; may have one or two faces.

Motion sign means any sign which revolves or rotates, has moving parts, has changing messages, or displays a shimmering effect. Included in this category are searchlights used for advertisement.

Multiple-faced signs means a sign with more than two faces.

Mural means an artistic painting applied to the exterior wall of a building for the purpose of beautification; a mural does not include the name or logo of a company or product.

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

Nonconforming sign means any lawfully established sign, which, on the effective date of the ordinance from which this article is derived, or amendment thereof, does not comply with the sign regulations of the zoning district in which such sign is located.

Off-premises advertising sign means a sign advertising goods, services, or facilities available at a different location from where the sign is installed.

Panel sign means a sign composed of letters attached to or embossed on a plastic or glass panel, usually illuminated from the rear.

Pennants means attention-getting devices which resemble triangular or rectangular flags, and are of non-permanent paper, cloth or plastic-like consistency.

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

Pole sign means a freestanding sign that is supported by one or two poles or columns.

Political campaign sign means a temporary sign that may be freestanding or mounted on a wall and is used to promote a political candidate or position during the campaign season prescribed by state law.

Portable sign means a sign so designed as to be movable from one location to another which is not permanently attached to the ground or any structure.

Private traffic directional sign means a sign which is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic within their property. Such sign bears no advertising information.

Projecting sign means any sign, all or part of which extends perpendicular by more than 24 inches from the wall to which it is affixed.

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

Pylon sign means a freestanding sign greater than 40 feet in height.

Roofline means the upper-most edge of the roof, or in the case of an extended facade or parapet, the upper-most heights of the facade.

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

Sandwich board sign means a freestanding A-frame sign that does not require staking into the ground.

Seasonal sign means a sign that is intended to be used for a limited duration and that announces the availability of goods or services specific to that time of year.

Shopping center sign means a sign that identifies a group of shops or offices that number six or more.

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, or dynamic, changing messages or electronically illuminated moving or streaming text, which is displayed for informational or communicative purposes.

Sign face area means that area within the marginal lines of the surface that bears the name, advertisement, messages, figures or symbols, and which is included in the smallest rectangle that can be made to circumscribe the message, figure or symbol. The stipulated maximum sign area for a freestanding sign refers to a single face. Also referred to as the term "sign area."

Spandrel means a roof-like structure that covers the gasoline pump dispenser below a service area canopy and which is a lighting source for the dispensing area; it serves to identify the gasoline pumps by number and may display signage.

Streaming text message signs means any sign subsidiary to a freestanding business identification sign that is illuminated by a single-color artificial light source and that has letters, words, numbers or symbols that may appear as streaming, moving or scrolling text. Not the same as a dynamic sign.

Street frontage means the proximity of a parcel of and to one or more streets. An interior lot has one street frontage and a corner lot has two such frontages.

Temporary banners means a banner which is displayed for a limited period of time. The term "temporary banners" does not include flags.

Temporary sign means a sign which is erected or displayed for a limited period of time.

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

Way finding sign means a sign, usually off-premises, that provides directional or destination information. See also Directional sign.

Window sign means a temporary sign that is displayed in a window with the purpose of announcing the availability of goods or services, pricing or other business features. The term "window sign" does not include hours of operation, address, use of credit cards or association membership when displayed in an incidental manner.

(Code 1999, § 24.020)

(a)

Construction, maintenance and removal.

(1)

Construction specifications.

a.

All signs shall be constructed in accordance with the state building code.

b.

All illuminated signs shall be approved and labeled as conforming to the standards of Underwriters' Laboratories, Inc., the United States Bureau of Standards or other similar institutions of recognized standing. All illuminating elements shall be kept in satisfactory working condition or immediately repaired or replaced. Signs that are partly illuminated shall meet all electrical requirements for that portion which is illuminated.

c.

All permanent freestanding signs shall have self-supporting structures erected on and permanently attached to concrete foundations.

d.

For wall signs, the wall must be designed for and have sufficient strength to support the sign.

(2)

Sign maintenance and repair. All signs shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, cleaning and other items required for maintenance of the sign. Vegetation around, in front of, and behind the base of billboards and freestanding (ground) signs for a distance of ten feet shall, at all times, be neatly trimmed to a height of ten inches or less and free of weeds, and no rubbish or debris that would constitute a fire or health hazard or visual detriment shall be permitted under or near the sign.

(3)

Abandoned signs and signs in disrepair. An abandoned sign or signs in disrepair are prohibited and shall be removed by the owner of the premises within 30 days after notification. If compliance with the provisions of this section is not achieved within 30 days, the city may remove the sign as a public nuisance by following the procedure as specified in section 22-7. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered abandoned until after a period of one year.

(4)

Signs on public property or within public road rights-of-way. The city may, at any time and without notice, impound signs which have been installed on public property or closer to the public road than allowed by this article. The sign owner may retrieve the signs according to the following:

a.

A fee must be paid to the city as provided in the city fee schedule. For each subsequent impoundment in a calendar year, the specified fee shall be doubled.

b.

The sign shall be retrieved from a designated impound area during routine business hours and within 15 days from the date of impounding. After 15 days, the city will dispose of the sign.

c.

The city shall not be held liable for any damage to impounded signs.

(b)

Illumination.

(1)

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

(2)

Any sign illuminated and located within 100 feet of a lot line of a residence shall be diffused or indirect so as not to reflect direct rays of light into adjacent residences or a street. All illuminated signs in commercial or industrial zoning districts in close proximity to residential zoning districts shall be designed so as to illuminate the sign and not residential property to the extent practicable.

(c)

Interference with traffic safety. No sign other than traffic control, directional, or street name sign shall be erected or temporarily placed closer to a public street than allowed by this article, except for temporary street signs erected by a site developer. No sign may be erected in the clear view triangle as defined in this article. No person, other than an employee or duly authorized agent of the city, shall erect a sign purporting to be a street name sign within the corporate limits of the city. 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; and

(2)

The sign will not distract drivers, nor offer any confusion to any street or highway sign, or any traffic sign or signal.

(d)

Setback measurement. Sign setback is measured from the nearest edge of a sign to the vertical plane of the property line or other designated point of reference.

(Code 1999, § 24.030)

The following types of signs are prohibited in all zoning districts:

(1)

Dynamic signs, except as allowed under sections 38-693(i) and 38-699.

(2)

Temporary or permanent illuminated flashing signs, moving or swinging signs, illuminated revolving beacons, zip flashers, or similar devices.

(3)

Inflatable signs.

(4)

Off-premises permanent or temporary advertising signs other than the following:

a.

Highway billboards as described and regulated by section 38-699;

b.

Off-premises freestanding monument signs on city-owned property as regulated by section 38-693(v); and

c.

Off-premises wall signs for sponsors of sports arenas and similar public or quasi-public facilities as regulated by section 38-393(f)(4).

(5)

Rooftop signs, including signs on mansard roofs.

(6)

Pennants, balloons and banners, except banners as regulated under commercial promotion temporary signs.

(7)

Portable signs except as allowed in section 38-693.

(8)

Projecting signs.

(9)

Signs that include off-premises sponsor advertising (such as the name of a soft-drink or beer product on a restaurant sign).

(10)

Signs attached to or painted on a fence, tree, or stone.

(11)

Signs attached to a public sign.

(12)

Signs closer to a public road than allowed by this article.

(13)

Signs that contain vulgarity or an indecent picture or message.

(14)

Signs held or worn by humans in the public street right-of-way.

(Code 1999, § 24.040)

(a)

The city council finds that allocating public funds and staff resources to those signs that present the most public safety and aesthetic problems will better achieve the overall purpose of this section. Requiring a permit for every type of sign in the city would unduly tax staff resources, thus diluting the overall enforcement of this section. Therefore, the city council finds that the following signs shall be regulated pursuant to this section, but shall be exempt from the requirement of obtaining a sign permit and from the payment of a permit fee.

(b)

No sign permit shall be required for the signs listed in this section, provided that the sign is permitted in the zoning district in which the sign is placed and the requirements for the particular type of sign are satisfied. If the requirements of this section are not met, a permit must be requested.

(c)

Name change signs. No sign permit shall be required when a new sign merely involves changing the name of a business and the new sign is substantially the same area, height and style of the sign it is replacing and the new sign conforms to the regulations of this article.

(d)

Other signs. In addition to the foregoing, no permit shall be required for the following signs:

(1)

Address signs.

(2)

Boutique sale signs.

(3)

Building markers.

(4)

Campaign signs.

(5)

Construction or future development signs.

(6)

Cornerstones and building date markers.

(7)

Employment signs.

(8)

Flags, noncommercial.

(9)

Garage sale signs.

(10)

Government, public school and public utility signs.

(11)

Home improvement, construction or remodeling signs.

(12)

Home security signs.

(13)

Home occupation signs.

(14)

Interior signs.

(15)

Real estate signs for single- or two-family residential dwellings or lots.

(16)

Real estate signs for uses other than single-family dwellings or lots.

(17)

Residential name plates.

(18)

Special event signs at public or semi-public places.

(19)

Window signs.

(Code 1999, § 24.050)

(a)

Address signs.

(1)

Each principal building on a parcel shall have a street number sign.

(2)

Street number signs shall be displayed as regulated by section 8-63.

(3)

If a building is part of a cluster of buildings that uses internal private streets such that a building does not face a public street, there must be a freestanding sign along the public street that lists the addresses in the cluster and internal signs that provide direction to the numbered buildings on the site.

(b)

Apartment building identification signs.

(1)

There may be one sign not exceeding 16 square feet in area permitted for each apartment building. Home occupation information may be placed on the residential name plate.

(2)

The name plate shall be located a minimum of 20 feet from the curbline or edge of the paved roadway, whichever is greater.

(c)

Awning signs.

(1)

Only business or organization names, logos, graphics, general products, or services shall be allowed on awnings. No brand names of products or services shall be allowed to be advertised.

(2)

Awning signs shall be considered wall signs for the purpose of calculating the maximum allowable sign area and individual sign size limitations. General graphics shall not be considered towards the maximum allowable sign area or individual sign size limitations; however, any business or organization names, logos, or graphics that identify the specific business or organization or general products and services sold will be considered towards the maximum allowable sign area and individual sign size limitations.

(d)

Boutique sale signs.

(1)

The maximum size is six square feet in total surface area and three feet in height.

(2)

There is a maximum of one sign per boutique sale.

(3)

The sign must be installed on property having the sale.

(4)

Signs must be placed at least ten feet from the curbline or edge of the paved roadway, whichever is greater.

(5)

The boutique sale signs are allowed only twice each calendar year per site and the signs are permitted for a maximum of four days each occurrence.

(e)

Bulletin signs.

(1)

Non-portable bulletin signs.

a.

Non-portable bulletin signs may have individual face areas of up to 25 square feet or 50 percent of the area of the face of the business' identification sign, whichever is less.

b.

Freestanding non-portable bulletin signs are to be no closer than eight feet to the ground.

(2)

Portable bulletin signs.

a.

Portable bulletin signs are allowed for up to 30 days per year, per business.

b.

Such signs are allowed by permit only and a refundable deposit of $50.00.

c.

Such signs must be removed on the day indicated on the permit, or the deposit will not be refunded.

d.

The maximum area per sign face is 40 square feet.

e.

Such signs must be placed on private property and setback at least ten feet from the curbline or edge of the paved roadway, or as determined by the city enforcement official or building inspector.

f.

Such signs must be located on-site and at least ten feet from the curbline or edge of the paved roadway, whichever is greater.

(f)

Commercial, charitable or civic promotion temporary signs. The city council finds that many businesses, charitable organizations and civic bodies have temporary promotions during the year that last for a limited duration and that these organizations typically feel the need to publicize the promotions with temporary signs. The following regulations address that need:

(1)

Banners. Temporary banners for events such as grand openings or special sales are allowed for up to 30 days per year per business. Such signs are allowed by permit only and a refundable deposit in the amount provided in the city fee schedule. Such banners must be firmly attached to the wall surface of the business and may cover no more than five percent of the wall surface area of any face of the building. Such banners must be of durable material and must not interfere with the safe operation of the building or the site.

(2)

Portable bulletin signs. Portable bulletin signs are allowed as described in this section.

(3)

Other portable signs. Other temporary portable signs are fabricated in a variety of methods and may or may not include changeable letters. Such signs:

a.

May not be placed within ten feet of the edge of the public road pavement or curb, on utility poles or attached to public traffic signs. Signs in illegal locations may be confiscated by the city and a penalty applied according to section 1-14.

b.

May be allowed for up to a total of 30 days per year per business or organization.

c.

Must be on private property or at least ten feet from the curbline or edge of the paved roadway, whichever is greater, as determined by the city enforcement official.

(4)

Signs for special events to be held at public or semi-public places.

a.

Shall be subject to the regulations of this article addressing portable bulletin signs and other portable signs. However, a local service organization promoting a city-endorsed activity or event may place signs on city property, not including street rights-of-way, with prior city approval.

b.

Such signs shall be temporary; they may be installed up to 30 days before the event and must be removed within three days after the event.

c.

Special event signs shall be limited to three events per calendar year per organization.

(5)

Public and charitable organizations.Public and charitable organizations are subject to these regulations as well as commercial organizations.

(g)

Construction or future development signs. A temporary sign may be erected for the purpose of selling or promoting a residential, commercial or industrial project, provided:

(1)

Such signs shall not exceed 60 square feet in area per side;

(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 or within two years, whichever is shorter; and

(4)

Such signs shall be located no closer than 30 feet to any pre-existing residence.

(h)

Directional signs, on-site. Directional signs such as entrance, exit, or drive-through signs may be installed on private property, provided:

(1)

Drivers' views are not obstructed at intersections.

(2)

Individual tenants are not identified.

(3)

The face area of such signs is limited to eight square feet.

(4)

The height is limited to four feet.

(5)

The sign is set or at least ten feet from the curbline or edge of the paved roadway, whichever is greater, and five feet from any other property line.

(6)

Walls signs shall be only high enough to be visible to on-site users. Wall signs may be larger than freestanding signs if only visible to on-site viewers.

(i)

Dynamic signs.

(1)

The signs are maintained as prescribed in this article.

(2)

The sign does not have displays which move, rotate, stream, scroll, flash or contain movement, or the appearance of movement, unless specifically provided for under subsections (i)(7) and (8) of this section.

(3)

The sign illumination levels are reasonable and compatible with the adjacent properties.

(4)

The signs do not create distractions which are considered detrimental to the public health, welfare and safety.

(5)

The signs comply with the height, size, arrangement, setback, location, and other applicable provisions of this article and the district in which the sign is located.

(6)

The signs may be used as the principal business sign or for tenant signs within the districts, where permitted, provided that the sign display element changes in its entirety and does not change more frequently than once every 24 hours.

(7)

A portion of the principal sign or a separate subsidiary sign to the principal business or tenant signs within the districts, where permitted, may be used as a temporary single or multiple message board only, provided that the temporary message sign display element does not change more frequently than once every 15 seconds. A change in dynamic sign means any alteration, addition, or deletion to any part of the text or graphics.

(8)

A portion of a dynamic sign used as the principal sign or a separate subsidiary sign to the principal business or tenant signs within the districts, where permitted, may be allowed as a moving or streaming text message board sign as set forth under section 38-693(dd), and only if specifically allowed by the underlying zoning district.

(j)

Employment signs. Temporary signs to announce employment opportunities at commercial or industrial sites:

(1)

General provision. Temporary on-site signs to announce employment opportunities shall be allowed only in the office, office-business, industrial and highway business zoning districts.

(2)

Maximum size and number. One such temporary sign shall be allowed. The maximum size for a temporary wall sign shall be 50 square feet. The maximum size for a freestanding sign shall be 24 square feet.

(3)

Maximum height and minimum setbacks. Any temporary sign shall maintain a minimum setback of or at least ten feet from the curbline or edge of the paved roadway, whichever is greater. No temporary wall sign shall be placed above the highest outside wall. The maximum height for a temporary freestanding sign shall be six feet.

(4)

Design. Banners may not be used. Such signs shall be made of standard sign materials.

(5)

Time period for signage. Temporary signs to announce employment opportunities may be used at any time during the year.

(k)

Flags, noncommercial. Noncommercial flags shall be placed on flagpoles. Such poles shall be no taller than 12 feet above the highest outside wall and the side yard setback of the pole shall be not less than the height of the pole. Flagpoles shall be placed at least ten feet from the curbline or edge of the paved roadway, whichever is greater.

(l)

Freestanding signs.

(1)

No freestanding sign may be closer than five feet to a property line.

(2)

No freestanding sign shall be closer than 75 feet to another freestanding sign.

(3)

There may be no more than one freestanding sign for each commercial development having a non-freeway frontage of 300 feet or less. One additional sign may be erected for each 300 feet of additional frontage.

(4)

A second, subordinate sign shall not be allowed on any freestanding pole or pylon sign structure.

(5)

If a freestanding shopping center sign lists the names of three or more individual tenants:

a.

The total area of the shopping center name, plus tenants' names, cannot exceed the total allowable area of a freestanding sign.

b.

Tenants' names must be displayed in the same typeface, method of illumination, and method of display (panel vs. individual letters) as one another.

c.

The shopping center name and the tenants' names must be produced in the same materials, method of illumination, and method of display (panel vs. individual letters) as one another.

d.

Tenants' names must be arranged in a rectangular grouping which does not extend horizontally beyond the edges of the shopping center name area.

(6)

If a shopping center wishes to display the logotypes of its major tenants on its freestanding shopping center identification signs:

a.

The total area of the various elements of the freestanding sign may not exceed the total allowable area of a freestanding sign.

b.

No more than two tenants may be displayed in this manner on each freestanding shopping center identification sign.

c.

The tenant logotypes and shopping center name (if included) shall be displayed on a single sign structure.

d.

The tenant signs shall be designed and arranged to appear as an integrated whole; the proportions of the two signs shall be approximately equal; the materials, method of illumination, and method of display (individual letters vs. panel) should be the same; and both signs should be arranged in a rectangular area.

(m)

Garage sale signs.

(1)

Each sign is a maximum of six square feet in total surface area and three feet in height.

(2)

There is a maximum of four signs per garage sale.

(3)

If a sign is installed on property other than the property having the sale, the property owner having the garage sale must have the permission of the property owner where the sign is installed.

(4)

Signs shall be placed at least ten feet from the curbline or edge of the paved roadway, whichever is greater. No signs may be attached to utility poles.

(5)

The signs shall be removed within 24 hours of the end of the sale.

(6)

The garage sale signs are allowed only three times each calendar year per site and the signs are permitted for a maximum of four days each occurrence.

(n)

Gasoline service stations signs. The city council finds that gasoline service stations or convenience stores with gasoline sales have unique needs for signage, thus warranting the following special sign standards:

(1)

Total site signage.

a.

The maximum total site signage for a service station shall be 250 square feet. Except, if a service station has more than one frontage, the maximum total site signage shall be 350 square feet.

b.

Total site signage includes all freestanding and wall identification signs. In no circumstance shall the total site signage amount be exceeded.

(2)

Freestanding identification signs.

a.

The types of freestanding signs permitted are pole, monument or pylon.

b.

Maximum number of signs.

1.

One freestanding pole or monument identification sign shall be permitted per street frontage. There shall be a maximum of two freestanding identification signs per lot, each oriented towards a different street frontage.

2.

One pylon sign is allowed in addition to the freestanding signs for each gasoline service station or convenience store with gasoline sales that has an edge within 300 feet of the midpoint of interstate highway interchange.

(3)

Maximum sign area and height.

a.

Pole signs may be up to 50 square feet in area and 18 feet in height.

b.

Monument signs may be up to 50 square feet in area and 12 feet in height.

c.

Pylon signs may be up to 100 square feet and 65 feet in area in height.

d.

Minimum setbacks, front. The minimum setback of the sign base shall be at least ten feet from the curbline or edge of the paved roadway, whichever is greater.

e.

Minimum setbacks, side and rear. The minimum setback of the sign base shall be five feet from a side or rear property line.

(4)

Canopy signs.

a.

Maximum size and number of signs. Service area canopy signs are considered wall signs. Sign size shall be computed as under subsection (n) of this section.

b.

Distance from side or rear lot line when abutting dwelling district. There shall be no required side or rear setbacks.

(5)

Wall signs.

a.

The allowable sign surface area for wall signs shall be ten feet of the total of the wall areas that face any lot line but with a maximum sign surface area of 100 square feet for all wall areas seen in one elevation.

b.

Signs may be placed on a maximum of three sides, and each permitted sign shall be oriented toward its respective lot line.

c.

The linear measurement of the sign shall not exceed 80 percent of the linear frontage of the facade of the structure.

(6)

Window signs. Signs within a retail display window, or attached thereto, shall occupy no more than 30 percent of each retail display window.

(7)

Spandrel or pump island signs.

a.

Maximum size and number of signs. The maximum sign surface area shall not exceed two square feet per dispensing station, regardless of the number of hoses. The signage allowed per dispensing station may be combined into one sign on the spandrel. Signage is permitted on only two sides of the spandrel.

b.

Pump island signs. In lieu of the spandrel sign, the gasoline service station may elect pump island signs or pump toppers. Pump island signs of two square feet or less are allowed without permits. Pump island signs greater than two square feet are not allowed. Signage is permitted on only two sides of the pump island sign.

(8)

Other signs. All other signs shall be located on the site of the use.

a.

Incidental signs. Each incidental sign shall be located at the point to which the sign is directed, i.e., service, body shop, etc. Only one sign for each subject shall be permitted.

b.

Directional signs. See subsection (h) of this section.

c.

No pennants or other similar attracting or advertising devices are permitted.

d.

Signs on perimeter poles. Signs are not allowed on perimeter poles or other structures that are not expressly permitted in this section.

e.

Commercial promotion temporary signs.

f.

Signs prohibited at gasoline service stations are roof signs, roof-integral signs, projecting signs, awning signs, marquee signs, and suspended signs.

(o)

Home improvement, construction or remodeling signs.

(1)

There shall be only one such sign not exceeding six square feet in total surface area and four feet in height for each lot.

(2)

Such sign shall be located on the lot the described activity is occurring and shall be a minimum of five feet from the property line.

(3)

The sign shall be displayed only until approval of the final inspection or the project is substantially completed.

(p)

Home occupation signs. Signs are limited to one name identification sign, mounted on the house wall and not larger in face area than two square feet.

(q)

Home security signs. Home security signs shall not exceed one square foot in total sign surface area.

(r)

Identification signs in shopping centers.

(1)

If a canopy or other building overhang is used, each store may have an under-canopy identification sign, not exceeding eight square feet.

(2)

Each store may have an identification sign on its door not exceeding four square feet.

(s)

Interior signs. Interior signs shall be completely within a building and shall not be visible from the outside.

(t)

Murals.

(1)

Murals shall be used for artistic expression and not to directly identify or promote a business, product or service.

(2)

The mural image shall not be offensive or indecent.

(3)

The mural design shall be approved by the city council.

(4)

Murals are allowed only in nonresidential zoning districts.

(u)

Off-premises freestanding signs on city-owned property.

(1)

Notwithstanding other provisions of this article, off-premises freestanding monument freeway signage shall be allowed on city-owned property in the city's office, office-business, and industrial districts for city-sponsored messages, or for businesses or other enterprises found to have a unique need for freeway signage or visibility, with a finding by the city council that such signs will promote the best interests of the city.

(2)

Off-premises freestanding monument freeway signage on city-owned property shall be limited to one sign per 300 feet of roadway frontage. Each sign shall be no more than 40 feet in height above the freeway elevation and no more than 255 square feet in area per sign face, with no more than 100 square feet of sign area devoted to one business or enterprise.

(3)

All off-premises freestanding monument freeway signage on city-owned property shall be owned and maintained by the city, for city purposes with space leased to businesses in the city center district.

(4)

The use of any city-owned property for off-premises freestanding monument freeway signage shall be solely at the discretion of city council and no assumption is made or implied that any city-owned properties are available for such use, that a parcel once available shall be available for all time, nor that any business or enterprise desiring signage will be guaranteed a place on the city's signs.

(5)

The city council will adopt appropriate guidelines for the appearance and content of the off-premises freestanding monument freeway signage, the method in which such signage will be made available to city center businesses, and all matters related to the maintenance of the signage. The city council shall adopt the guidelines by a four-fifths vote and any amendments to those guidelines shall also be made by four-fifths vote of the city council.

(v)

Off-premises wall signs for sponsors of sports arenas and similar public or quasi-public facilities.

(1)

Signs shall have a flat face and be affixed parallel to the exterior wall of the building.

(2)

Signs shall not be back-lit, nor shall they include moving parts, lights, light-emitting diodes or changing images.

(3)

Signs shall be set in a consistent horizontal or vertical band on the face of the building, harmonizing when possible with the wall surface pattern or texture.

(4)

Signs may contain either company logotypes or generic lettering.

(w)

Political campaign signs. Political campaign signs of any size may be posted in any number from 46 days before the state primary in a state general election year until ten days following the state general election, according to M.S.A. § 211B.045. Such signs shall not be attached to or painted on a fence, tree, stone or a public sign.

(x)

Projecting signs.

(1)

Projecting signs may extend no more than four feet from the front edge of the building and be no more than 12 square feet in area.

(2)

Projecting signs may not extend over a designated parking space or loading area.

(3)

Projecting signs may not extend from a building over the public right-of-way or public open space.

(y)

Public park name identification signs. Public park signs shall be limited to a height of six feet and a face area of 24 square feet.

(z)

Real estate sale or leasing signs for single- or two-family residential dwellings or lots.

(1)

There shall be one sign per street frontage up to a maximum of two signs per lot.

(2)

Such sign shall be located on the lot for sale or lease must be set on private property and at least 20 feet from the curbline or edge of the paved roadway.

(3)

Such sign shall not exceed ten square feet in total surface area and six feet in height.

(4)

Real estate signs shall not be illuminated and shall be removed within three days after closing or lease has occurred.

(5)

Open house directional signs are allowed daily up to one hour before and one hour after the open house event. Such signs must be setback at least ten feet from the curbline or edge of the paved roadway.

(6)

Residential development directional signs are commercial promotion temporary signs and must be setback at least ten feet from the curbline or edge of the paved roadway. Such signs must be removed when the development is 80 percent sold or rented.

(aa)

Real estate sale or leasing signs for uses other than single-family dwellings or lots.

(1)

General provision. The real estate sign shall be located on the site for sale or for lease and shall not be directly illuminated unless incorporated into the site's identification sign.

(2)

For real estate signs adjacent to I-35E. The site may elect one of the following options, subject to the provisions of the clear view triangle area:

a.

Incorporate the real estate sign into the permanent identification sign and increase the total allowed sign surface area by a maximum of 24 square feet. The 24 square feet addition to the identification sign can be used at the discretion of the property owner as long as the identification sign is used for any real estate information. No other real estate sign shall be allowed; or

b.

One real estate sign not exceeding 32 square feet shall be permitted per street frontage up to a maximum of two signs per site. The maximum height shall be eight feet, and the sign setback shall be a minimum of 20 feet from the curbline or edge of the paved roadway, whichever is greater.

(3)

For signs on other street frontages.

a.

The site may elect one of the following options, subject to provisions of the clear view triangle area:

1.

Incorporate the real estate sign into the permanent identification sign and increase the total allowed sign surface area by a maximum of 16 square feet. The 16 square foot addition to the identification sign can be used at the discretion of the property owner, so long as the identification sign is utilized for any real estate information. No other real estate sign shall be allowed; or

2.

One real estate sign not exceeding 16 square feet shall be permitted per street frontage up to a maximum of two signs per site. The maximum height shall be six feet and the sign setback shall be at least 20 feet from the curbline or edge of the paved roadway, whichever is greater.

b.

If a site is allowed two real estate signs because it has two street frontages, both frontages shall use the same style option, either incorporating the real estate sign into the permanent identification signs or using a separate real estate sign.

(4)

Residential development directional signs. Residential development directional signs are commercial promotion temporary signs and must be setback at least ten feet from the curbline or edge of the paved roadway. Such signs must be removed when the development is 80 percent sold or rented.

(bb)

Residential neighborhood identification signs.

(1)

Signs shall be limited to a face area of 32 square feet and a height of six feet.

(2)

Signs shall not be illuminated.

(cc)

Text message board signs, moving or streaming.

(1)

Signs shall not have different colored lights (except as specifically permitted under this section) or flashing or intermittent lighting.

(2)

All lighting sources, including light bulbs, LED or other similar devices, must be regularly maintained and serviced to provide full illumination and display of messages or text.

(3)

Signs may display current time and temperature, and provide an equal amount of time for personal business messages or promotions and also community or nonprofit group messages, which announce a community-sponsored or special event.

(4)

Any changing message or scrolling text must be gradual and slow enough to read in order to reduce any disturbance or interference with the safe movement of traffic. The city planning director shall approve all changing text or scrolling text movements and speeds.

(5)

No moving or streaming text message board sign shall be closer than 1,000 feet to another similar style sign, except by variance granted under the provisions of this article. The property owner/tenant may request a variance for a lesser distance.

(6)

The area and height of any sign shall comply with the provisions of each respective zoning district. Message board cabinets shall only be placed on monument or freestanding signs as allowed by this Code.

(7)

Signs shall provide for aesthetic compatibility with surrounding properties.

(8)

Signs shall be limited to letters, words, symbols and numbers only. Pictures and other displays are prohibited.

(9)

Signs shall be limited to freestanding signs only.

(10)

Signs shall not cause any disturbance or interference with the safe movement of traffic or otherwise adversely impact public safety.

(dd)

Wall signs.

(1)

Wall signs shall not exceed the height of a flat roof, mansard roof, or parapet wall, nor the wall height of a pitched-roof building. Wall signs are not allowed on mansard roofs.

(2)

The total, cumulative area of signs on a wall may not exceed ten percent of the wall area in the C-1, neighborhood commercial zoning district, 15 percent in the C-2, community commercial district, 15 percent in the CC, city center district, and 25 percent in the C-3, highway business district.

(3)

Wall signs must be limited to areas on the building facade that will allow the signs to harmonize with the overall building design and with the signs of other tenants sharing the same facade. That is, wall signs must be mounted in one of the following: either a horizontal band which stretches across the building facade above the window line, or in rectangular blocks of approximately equal area and consistent placement along the facade at window height, but not both.

(4)

In a shopping center, only one type of design format may be used for wall signs which are on the same building facade. That is, all shops sharing the same facade must have either signs with individual letters or signs with a box or panel format. The type style of such signs does not have to be the same, only the method of display.

(5)

When a number of small wall signs are grouped together, such as at the entrance of an interior mini-mall, those signs must be arranged in a framework or common display system which gives the impression of a single, larger sign. Type styles may differ but the method of construction and illumination and the display format (individual letters vs. panel) must be the same.

(6)

Temporary window signs are allowed but may not cover more than 30 percent of the total window space. (See also subsection (ff) of this section)

(ee)

Way finding signs. Way finding signs may be installed by the city, county or state to assist motorists and others in certain situations where it is determined necessary for economic development, traffic flow or traveler convenience. Such signs may be installed in the public road right-of-way by the public agency upon approval of the city council. Off-site, private way finding signs are not allowed.

(ff)

Window signs.

(1)

Window signs are considered to be temporary signs.

(2)

Window signs shall be placed inside the building.

(3)

Window signs shall not occupy more than 50 percent of the area of the window space on a wall.

(4)

Graphics that show a product or company logotype shall be considered window signs.

(Code 1999, § 24.060; Ord. No. 732, att.(38-693), 2-5-2019)

(a)

Permitted signs. Refer to section 38-693 for specific regulations. The following are permitted in residential districts:

(1)

Area identification signs.

(2)

Awning signs.

(3)

Boutique sale signs.

(4)

Building identification signs.

(5)

Cornerstone and building markers.

(6)

Directional signs, on-site.

(7)

Flags, noncommercial.

(8)

Garage sale signs.

(9)

Government signs, public schools signs and public utility signs.

(10)

Home occupation signs.

(11)

Home security signs.

(12)

Political campaign signs.

(13)

Public park name identification.

(14)

Real estate sale signs for single- or two-family residential dwellings or lots.

(15)

Real estate sale signs for uses other than single-family dwellings or lots.

(16)

Residential name plates.

(17)

Residential neighborhood identification signs.

(18)

Special event signs at public or semi-public places.

(19)

Residential name plate signs.

(20)

Residential neighborhood identification signs.

(b)

Prohibited signs. Refer to section 38-691 for prohibited signs.

(Code 1999, § 24.070)

(a)

Permitted signs. Refer to section 38-693 for specific regulations, in addition to the following permitted signs:

(1)

Awning signs.

(2)

Bulletin signs.

(3)

Commercial promotion temporary signs.

(4)

Construction or future development signs.

(5)

Cornerstone and building markers.

(6)

Directional signs, on-site.

(7)

Dynamic signs.

(8)

Employment signs.

(9)

Flags, noncommercial.

(10)

Freestanding signs. One freestanding sign per isolated commercial establishment is permitted. The total area of this sign shall not exceed 50 square feet per side and its maximum height shall not exceed 16 feet.

(11)

Gasoline service station signs.

(12)

Government, public school and public utility signs.

(13)

Interior signs.

(14)

Murals.

(15)

Off-premises wall signs for sponsors of sports arenas.

(16)

Political campaign signs.

(17)

Real estate sale signs for uses other than single-family dwellings or lots.

(18)

Special event signs at public or semi-public places.

(19)

Text message board signs, moving or streaming.

(20)

Wall signs. The total area of all wall signs affixed to a building wall shall not exceed ten percent of the total area of that wall. No individual wall sign shall exceed 40 square feet.

(21)

Way finding signs.

(22)

Window signs.

(b)

Prohibited signs. Refer to section 38-691 for prohibited signs.

(Code 1999, § 24.080)

(a)

Permitted signs. Refer to section 38-693 for specific regulations, in addition to the following permitted signs:

(1)

Awning signs.

(2)

Bulletin signs.

(3)

Commercial promotion temporary signs.

(4)

Construction or future development signs.

(5)

Cornerstone and building markers.

(6)

Directional signs, on-site.

(7)

Dynamic signs.

(8)

Employment signs.

(9)

Flags, noncommercial.

(10)

Freestanding signs. One freestanding sign per isolated commercial establishment is permitted. The total area of each sign face shall not exceed 75 square feet and its maximum height shall not exceed 18 feet. However, commercial parcels located within 600 feet of the top of the freeway exit ramps at I-694 and Rice Street may have a sign up to 65 feet in height and 75 feet in face area per side.

(11)

Gasoline service station signs.

(12)

Government, public school and public utility signs.

(13)

Interior signs.

(14)

Murals.

(15)

Political campaign signs.

(16)

Real estate sale signs.

(17)

Special event signs at public or semi-public places.

(18)

Text message board signs, moving or streaming.

(19)

Wall signs. The total area of all wall signs affixed to a building wall shall not exceed 15 percent of the total area of that wall. No individual wall sign shall exceed 50 square feet.

(20)

Way finding signs.

(21)

Window signs.

(b)

Prohibited signs. Refer to section 38-691 for prohibited signs.

(Code 1999, § 24.090)

(a)

Permitted signs. Refer to section 38-693 for specific regulations, in addition to the following permitted signs:

(1)

Awning signs.

(2)

Bulletin signs.

(3)

Commercial promotion temporary signs.

(4)

Construction or future development signs.

(5)

Cornerstone and building markers.

(6)

Directional signs, on-site. One traffic directional sign shall be permitted at each shopping center entrance. This sign shall not exceed four feet in height and 12 feet in area.

(7)

Government, public school and public utility signs.

(8)

Interior signs.

(9)

Political campaign signs.

(10)

Real estate sale signs.

(11)

Way finding signs.

(12)

Window signs.

(b)

Signs by conditional use permit. Signs permitted by a conditional use permit are as follows:

(1)

Dynamic signs.

(2)

Employment signs.

(3)

Flags, noncommercial.

(4)

Freestanding signs.

a.

One freestanding sign shall be allowed for each 600 feet of frontage along the perimeter of public streets of each development.

b.

Properties not abutting I-35E. Monument signs shall be allowed in locations not abutting I-35E shall not exceed 12 feet in height. Pole signs are not allowed in these locations.

c.

Properties abutting Interstate 35E. Properties that abut I-35E and have an edge within 600 feet of the top of a freeway exit ramp may have, in addition to one or more signs along an access road, a freestanding pole or pylon sign up to 65 feet in height and 180 square feet in area for each face. No pylon sign shall be located within 300 feet of a property zoned for housing.

d.

One off-premises freestanding (pylon) sign may be allowed by conditional use permit on private property along Interstate 35E for a shopping center or single building, either of which exceeds 100,000 square feet of floor area, that is located on a parcel in the city center zoning district not abutting I-35E and on a land parcel within 300 feet of such sign. The maximum height of such sign shall be 65 feet and the maximum area per face shall be 200 square feet. No pylon sign shall be located within 300 feet of a property zoned for housing.

(5)

Gasoline service station signs.

(6)

Murals.

(7)

Projecting signs.

(8)

Special event signs at public or semi-public places.

(9)

Text message board signs, moving or streaming.

(10)

Wall signs.

a.

Each building or each individual tenant in a multiple-tenant building may have a wall sign which does not exceed 15 percent of the area of the wall to which it is attached. (A tenant's wall includes only their portion of the building facade.)

b.

Wall signs will be allowed only in a specified horizontal sign band no more than three feet in height and eight to 15 feet off the ground. Such sign bands may project no more than one foot from the surface of the building to which it is attached.

c.

Attached wall signs shall consist of individual letters or script logos mounted on the building.

(c)

Prohibited signs. Refer to section 38-691 for prohibited signs.

(Code 1999, § 24.100)

(a)

Permitted signs. Refer to section 38-693 for specific regulations, in addition to the following permitted signs:

(1)

Awning signs.

(2)

Bulletin signs.

(3)

Commercial promotion temporary signs.

(4)

Construction or future development signs.

(5)

Cornerstone and building markers.

(6)

Directional signs, on-site.

(7)

Dynamic signs.

(8)

Employment signs.

(9)

Flags, noncommercial.

(10)

Freestanding signs.

a.

There may be no more than one freestanding sign for each commercial development having a frontage of 500 feet or less. One additional sign may be erected for each 300 feet of additional frontage.

b.

The area of a freestanding sign shall not exceed 200 square feet.

c.

The height of a freestanding sign shall not exceed 40 feet.

d.

One additional freestanding (pylon) sign of up to 65 feet in height shall be allowed for each shopping center or isolated business which has an edge within 600 feet of the midpoint of an interstate highway interchange.

e.

One traffic directional sign shall be permitted at each auto dealer entrance. This sign shall not exceed four feet in height and 12 feet in area.

(11)

Gasoline service station signs.

(12)

Government, public school and public utility signs.

(13)

Interior signs.

(14)

Murals.

(15)

Off-premises wall signs for sponsors of sports arenas.

(16)

Political campaign signs.

(17)

Real estate sale signs for uses other than single-family dwellings or lots.

(18)

Special event signs at public or semi-public places.

(19)

Text message board signs, moving or streaming.

(20)

Wall signs.

a.

Businesses selling new automobiles or boats may have a wall sign which does not exceed 20 percent of the area of the wall to which it is attached. One such wall sign is allowed for each wall that faces a property line that abuts a public street. Small window signs bearing messages such as "Body Shop" are also allowed.

b.

Other businesses in the C-3 zoning district may have a wall sign not exceeding ten percent of the area of the wall to which it is attached or 80 square feet, whichever is less.

(21)

Way finding signs.

(22)

Window signs.

(b)

Prohibited signs. Refer to section 38-691 for prohibited signs.

(Code 1999, § 24.110)

(a)

Permitted signs. Refer to section 38-693 for specific regulations in addition to the following permitted signs:

(1)

Awning signs.

(2)

Bulletin signs.

(3)

Commercial promotion temporary signs.

(4)

Construction or future development signs.

(5)

Cornerstone and building markers.

(6)

Directional signs, on-site.

(7)

Dynamic signs.

(8)

Employment signs.

(9)

Flags, noncommercial.

(10)

Freestanding signs.

a.

One sign per principal building not to exceed 80 square feet in area and 20 feet in height.

b.

One area identification sign not exceeding 100 square feet and 24 feet in height for each public road serving an office or industrial park. If three or more tenants are listed on this sign, the sign design must conform to the regulations of section 38-453(1).

c.

A second freestanding sign shall be allowed for an office or industrial building which has an edge which abuts I-35E or I-694. This sign may be 50 percent greater in area than normally allowed by Table 1. Refer to section 38-697(b)(4)c.

(11)

Gasoline service station signs.

(12)

Government, public school, and public utility signs.

(13)

Interior signs.

(14)

Murals.

(15)

Off-premises freestanding monument signs on city-owned property. Refer to section 38-693(v).

(16)

Off-premises wall signs for sponsors of sports arenas.

(17)

Political campaign signs.

(18)

Real estate sale signs for uses other than single-family dwellings or lots.

(19)

Special event signs at public or semi-public places.

(20)

Text message board signs, moving or streaming.

(21)

Wall signs.

a.

One wall sign per building, not to exceed ten percent of the area of the wall to which it is attached or 80 square feet, whichever is less.

b.

One additional wall-mounted identification sign is allowed for each tenant having a private exterior entrance to the building. Such sign shall be displayed at or near the tenant's entrance and shall not exceed ten percent of the wall area pertaining to the tenant. Such identification signs must have a consistent display format (panel vs. individual letters) across the building.

c.

One wall sign listing the building tenants may be used in place of individual tenant identification signs. Such sign shall not exceed ten percent of the wall to which it is attached or 60 square feet, whichever is less. Tenants' names shall be displayed in the same materials, method of illumination, and method of display (panel vs. individual letters) as one another.

d.

Way finding signs.

e.

Window signs.

(b)

Prohibited signs. Refer to section 38-691 for prohibited signs.

(Code 1999, § 24.120)

(a)

General requirements.

(1)

Billboards may be erected along and intended to be viewed from only Interstate Highways 35E and 694. Billboards are allowed only in the following zoning districts: C-2, C-3, office and industrial districts.

(2)

The maximum allowable size of any billboard is 700 square feet. The maximum allowable extensions shall not exceed 15 percent of the total sign area.

(3)

The maximum allowable height of any billboard is 35 feet.

(4)

The minimum allowable distance between billboards as measured along the centerline of I-35E and I-694 is 1,500 feet.

(5)

The minimum allowable proximity of any billboard to any residential zoning district or a nonconforming residential structure is 500 feet.

(6)

The minimum allowable proximity of any billboard to any interstate or state trunk highway right-of-way is ten feet, and the maximum distance from the same is 150 feet.

(7)

The minimum allowable proximity of a billboard to any building (except as set forth in subsection (5) of this section) shall be 100 feet for billboards of 700 square feet or more. This setback may be reduced by ten feet for every 100 square feet of sign area less than 700 square feet to a minimum of 60 feet.

(8)

No portion of any billboard shall occupy air space above any driveway or parking area.

(9)

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

(10)

The minimum allowable proximity of any billboard to any designated wetland is 500 feet.

(b)

Lighting. Lighting shall be limited to a level necessary for viewing.

(c)

Additional requirements for dynamic signs.

(1)

Billboards may contain a single dynamic sign that has no animation or moving parts.

(2)

The minimum duration of the image can be no less than eight seconds.

(3)

The image must have a change sequence accomplished by means of instantaneous re-pixelization (eliminating fading between images).

(4)

The sign image must contain a complete message and not be continued to a subsequent image.

(5)

Dynamic signs must provide to the city a minimum of five hours (2,250 eight-second spots) per month per enhanced dynamic display sign in the city for community and public service messages at such times as shall be determined by the city.

(Code 1999, § 24.130)

Except as exempted in section 38-693, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such signs, shall file an application provided by the city clerk for permission to display such sign. Permits must be acquired for all existing, new, relocated, modified or redesigned signs, except those specifically exempted below. The owner shall submit with the application a complete description of the sign and a sketch showing its size, location, manner of construction, and such other information as shall be necessary to inform the city building inspector of the kind, size, material, construction and location of the sign. The city building inspector or city code enforcement officer may approve sign permits. The applicant shall also submit at the time of application the application fee as provided in the city fee schedule.

(Code 1999, § 24.140)

If the city building inspector or their deputies or the city enforcement official shall find that any sign regulated by this chapter is prohibited as to size, location, content, type, number, height or method of construction, or are 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, or is improperly maintained, or is in violation of any other provisions of this chapter, the city building inspector shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so as to comply with the provision set forth in this chapter within ten calendar days following receipt of the notice, 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.

(Code 1999, § 24.150)

A permit applicant or permit holder may appeal any order or determination made by the city building inspector or their deputy or the city enforcement official, pursuant to this chapter, by filing a notice of appeal with the city clerk requesting a hearing before the city council. The city council will hear:

(1)

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

(2)

Requests for variances from the literal provisions of this chapter.

(Code 1999, § 24.160)