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Victoria City Zoning Code

SECTION 21

SIGN REGULATIONS

Sec 21-1 Findings, Purpose And Intent

  1. 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 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 also 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.
  2. Purpose and intent. It is not the purpose or intent of this chapter to regulate the message displayed on any sign; nor is it the purpose or intent of this section 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 section is to:
    1. Regulate the number, location, size, type, illumination, and other physical characteristics of signs within the city to promote 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 effective means of communication, consistent with state and federal 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.
  3. 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 section is to:
    1. Allow a variety of sign types, sizes, and locations by zoning district, subject to the standards set forth in this section.
    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 section.
    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 section.

(Code 1998, § 30-166; Ord. No. 240, § 2(410:00), 5-1-1997, Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024

Sec 21-2 Permits Required

  1. Permits are required for all signs to be constructed or displayed for public viewing within the city except:
    1. Signs which are a temporary display and not on public property, within a public right-of-way, or public easement.
    2. Special event signs which are not on public property, within a public right-of-way, or public easement.
    3. Flags attached to a residence or commercial building as allowed in this chapter.
    4. Public service signs constructed, installed, or placed by the city, county, or state. 
    5. Directional information signs.
    6. Construction information signs.
    7. Any sign or flag affixed to a city utility pole. Only to be installed by the city or under its authorization. 
    8. Any sign installed by or under the contract of the city.
  2. Comprehensive sign permit is required for the following:
    1. All commercial properties.
    2. All multi-story buildings with two or more tenants.
    3. Dynamic display and illuminated signs.
    4. Any property which is at least five (5) acres in size and has multiple commercial buildings.
    5. All properties under construction or development.
    6. Murals.
  3. Comprehensive sign permits are required to be submitted to the city staff for approval.
  4. All signs requiring a permit are subject to the adopted state building code at the time of application.
  5. All signs requiring a permit are subject to the adopted national electrical code at the time of application. All wiring must be concealed from public view.
  6. Any sign which is approved by shall conform to the conditions of such permit.

(Code 1975, § 410:01; Code 1998, § 30-167; Ord. No. 240, § 2(410:01), 5-1-1997; Ord. 474, 10-14-2024)

Sec 21-3 Sign Standards

  1. All Zoning Districts
    1. All signs shall not be placed in such a manner to cause an obstruction or hazard.
    2. All signs shall not be placed on public property or in the public right-of-way permitted in this chapter.
    3. Any freestanding sign within 25 feet of any street right-of-way lines or driveway entrances shall have vertical clearance for proper visibility by motorists on all affected roadways.
    4. No freestanding sign may be constructed or installed upon a property that does not have a principal structure.
    5. Scoreboards shall be permitted on properties used for recreational purposes.
      1. A conditional use permit shall be required for properties not owned by the City.
      2. Advertising is permitted as an accessory use.
    6. Any dynamic sign must be at least 50 feet away from any residential property line.
      1. Dynamic display 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.)
    7. Any illuminated sign must be at least 50 feet away from any residential property line and shall not create a hazard or nuisance.
    8. Campaign signs, posted by a bona fide candidate for political office or by a person or group promoting a political issue or a political candidate, may be placed in any district in compliance with M.S.A Stat. § 211B.045 or succeeding statutes. The signs shall not be placed within a public easement, on public property, or within a public right-of-way. 
    9. A sign which has separate panels, structures, or other materials forming a single display, the area of the message display face shall constitute the area of the sign.
    10. A two sided sign shall be permitted to have twice the allowable square footage as stated in this chapter. Each side of the sign is prohibited from an area greater than permitted for a singled sided sign.
    11. Religious institutions directional signs shall be permitted in all districts provided the total area of such signs shall not exceed four square feet per facing.
    12. Awnings shall be considered an integral part of the structure to which they are attached. Signs may be attached to an awning but such structure shall not be considered as part of the wall area and thus shall not warrant additional sign area.
      1. Awning signs shall be fully affixed to the awning.
      2. The hanging or affixing of temporary signs, balloons, or decorative material is prohibited.
    13. Billboards shall only be permitted on city property.
    14. The supports, uprights, bases, or structures on which any sign is supported shall not count towards the sign area unless the supports, uprights, bases, or structures are an integral part of the sign display.
  2. Temporary and Portable Signs in All Districts
    1. 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.   
      4. Such signs shall be located no closer than 100 feet to any residence not part of the project.
    2. 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.

    3. Temporary signs advertising garage, yard or similar household sales shall be removed within three days of the end of the sale.
    4. 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 in nonresidential districts. Temporary signs may be displayed for a maximum of 30 consecutive days.
      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 that is found to be inconsistent with this requirement.
    5. Portable signs for the purpose of advertising a business, menu items, or similar shall be permitted without permit with the following conditions:
      1. The sign is not affixed to any building, post, another sign, vehicle, or ground.
      2. The sign does not exceed five feet in height.

      3. The sign is not greater than 30 inches in width.         

      4. The sign may be placed in a public right-of-way if it is not and does not become a hazard or impede pedestrian or motorized traffic.     

      5. The sign is prohibited from being displayed outside of operating hours.       

      6. Shall only be used in conjunction with a commercial use or special event.

  3.  Residential Districts
    1. Freestanding and monument signs shall be prohibited on any residential property unless authorized within this chapter.
    2. Illuminated signs shall be prohibited on any residential property.
      1. Except accent lighting if the sign is attached to a primary or secondary structure.
    3. Residential properties are permitted to have one nameplate for each dwelling unit, not greater than two square feet in area, indicating the name and/or address of the occupant.
    4. One permanent neighborhood sign shall be permitted and may be illuminated if the light of the sign is not directed towards a residential dwelling or diffused to not violate this section.
    5. Residential properties are permitted a single wall flag per dwelling unit and one flag pole not to exceed 25 feet in height.
    6. Multi-tenant buildings shall be permitted one monument sign with the following conditions:
      1. Not to exceed 100 square feet per side.
      2. Not to be greater than 10 feet in heigh.
      3. Shall be setback of 20 feet from all property lines.
      4. May be illuminated if at least 50 feet from any adjacent residential property or dwelling unit.
  4. Nonresidential Districts
    1. 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 per street frontage shall not exceed 80 square feet.
      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.
    2. Wall signs on single tenant buildings
      1. Up to two wall signs are permitted.
      2. Only one wall sign is permitted per frontage.
      3. Total square footage of the wall signs shall not exceed 160 square feet.
    3. Flags. An individual business and institution may have no more than 3 flags or 120 square feet of flag surface area displayed at any one time.  
      1. The height of the flag pole shall not be greater than the height of the principal structure.
    4. Window signs which are affixed to the glass surface of a door or window shall meet the following conditions:
      1. Window coverage is no greater than 30 percent of the total window square footage of the wall.
      2. Do not cause a hazard.       
      3. Shall remain in a maintained condition.     
      4. Illuminated window signs shall conform to the following conditions:
        1. Placed inside the window.
        2. Prohibited from emitting light that is visible on any surface adjacent to the window, excluding window materials and awnings.
        3. Shall be a steady illumination and not flash, pulse, fade, or demonstrate an illusion of movement.
    5. Multi-tenant buildings
      1. Multitenant nonresidential buildings are permitted to have uniformed signs for each tenant not to exceed 80 square feet per sign.
    6. Advertising Device In Business Area
      1. In a business area the maximum area of a sign face, whether a single sign face or each face of two back-to-back or V-type signs, shall not exceed 160 square feet including border and trim, but excluding base and apron supports and other structural members The maximum size limitation stated in this subdivision shall apply to each side of a sign structure and signs may be placed back-to-back, side by side, or in a V-type construction, but not more than two displays to each facing and such sign structure shall be considered as one sign.
      2. Advertising devices shall not be erected which contain, include or are illuminated by any flashing light or lights, except those giving public service information such as, without limiting the generality of the foregoing, time, date, temperature, weather, or news.\
      3. Advertising devices shall not be erected or maintained unless effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, of such intensity or brilliance as to cause glare or impair the vision of the operator of any motor vehicle; or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.
      4. Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device, or signal.
      5. The face of any permanent sign shall be no greater than 80 square feet.
    7. One wall sign shall be permitted for each street frontage. The total wall signs affixed to a building wall shall not exceed 20 percent of that wall. No wall sign shall exceed 150 square feet and all wall signs shall not exceed 225 square feet.
    8. Banners shall be included in the allowance for walls signs. The design and construction of all banners shall be professional looking and shall not be allowed to be displayed if weathered, worn, tattered, or torn. Banners shall be included in the allowable square footage of a wall sign and shall not be placed on a wall which has a wall sign.
    9. Banners shall be prohibited from being displayed for more than 120 days within a year and for no longer than 30 days per affixation.
      1. Banners for the purpose of a special event are permitted to be displayed for 30 days prior to the start of the event and for no more than 10 days after the event ends.
    10. All wall signs are not permitted to project more than 18 inches from the wall to which the sign is to be affixed.
    11. Wall signs and banners are not permitted to protrude above the height of the wall in which the sign or banner is affixed.
    12. Illuminated signs shall be permitted for commercial uses, religious institutions, schools, and government buildings only and must conform with this section.
      1. A conditional use permit is required.
      2. The sign is allowed as a portion of a free-standing sign.
      3. The electronic portion of the sign shall not exceed 32 square feet.
      4. Signs may be square or rectangular and contain all messages within.
      5. Signs must have minimum display duration of eight seconds.
      6. 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.
      7. Signs shall not exceed 7,500 Nits between the hours of civil sunrise and civil sunset, as measured from the sign face.
      8. 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.
      9. Signs shall have a fully-functional off switch that automatically shuts the display sign off when the display deteriorates ten percent or greater.

      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.

    13. Traffic control and safety signs which flash installed by the city, county, state, or federal government are exempt from any prohibitions of this chapter. Authorized persons or contrctors are permitted to install flashing signs as authorized by a government agency or political subdivision.
    14. Professional occupations signs shall be no greater than three square feet.

(Code 1975, § 410:02.1; Code 1998, § 30-168; Ord. No. 240, § 2(410:02.1), 5-1-1997; Ord. No. 398, 3-7-2016; Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024

Sec 21-4 Sign Maintenance

  1. 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 in offensive condition and free and clear of all obnoxious substances, rubbish, and weeds.
  2. All signs shall be properly surface-coated and the display surfaces and supports shall be properly painted, pasted, and maintained.
  3. 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.

(Code 1975, § 410:02.2; Code 1998, § 30-169; Ord. No. 240, § 2(410:02.2), 5-1-1997; Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024

Sec 21-5 Nonconforming Signs

  1. All nonconforming signs shall be brought into compliance within 60 days of a change in the principal business use.
  2. Signs not in compliance with the standards of this section, but lawfully installed previously, may be maintained as legal conformities.  Any change in the size, shape, design or materials of the sign shall require conformance with all standards herein. Any nonconforming temporary or portable sign existing at the time of adoption of this section shall be made to comply with the requirements set forth or shall be removed within one year after the adoption of this section.

(Code 1975, § 410:02.3; Code 1998, § 30-170; Ord. No. 240, § 2(410:02.3), 5-1-1997; Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024

Sec 21-6 Prohibited Signs

  1. Flying signs, air inflated devices, and search lights, and equivalent airborne signage shall be prohibited in all zoning district, unless otherwise specified in this chapter.
  2. Roof signs shall be prohibited in all zoning districts.
  3. No sign shall contain any obscene matter as described by M.S.A. § 617.241 or successor statutes.
  4. Any sign which creates a hazard to pedestrians, motor vehicles, recreational vehicles, or other power transportation devices.
  5. 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 chapter.
  6. Signs which are not properly anchored. Properly anchored shall consist of the following:
    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 pullout 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 weights 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 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.
  7. Painted wall signs.
  8. Painted window signs.
  9. Marquee signs.
  10. Any sign which is not specifically permitted by the regulations of this chapter.

(Code 1998, § 30-171; Code 1975, § 410:02.4; Ord. No. 240, § 2(410:02.4), 5-1-1997; Ord. No. 398, 3-7-2016; Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024

Sec 21-7 Appeal

  1. A permit applicant or permit holder may appeal any order or determination made by the city zoning administrator, or persons authorized to act on the city zoning administrator’s behalf, pursuant to this section 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 section.
    2. Requests for variances from the literal provisions of this section.
  2. Upon completion of the public hearing, the planning commission will forward to the city council a recommendation on the appeal for final approval/disapproval.

(Code 1975, § 410:02.5; Code 1998, § 30-172; Ord. No. 240, § 2(410:02.5), 5-1-1997; Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024

Sec 21-8 Enforcement

  1. If the city zoning administrator or authorized persons finds that any sign regulated by this section is prohibited as to size, location, type, number, height, or method of construction, or is unsafe, insecure, 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 section, 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 section within ten calendar days following receipt of the notice:
    1. Penalty. Failure to comply with the provisions of this section shall be a misdemeanor and may result in abatement if a nuisance is declared.
  2. 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.

(Code 1975, § 410:02.6; Code 1998, § 30-173; Ord. No. 240, § 2(410:02.6), 5-1-1997; Ord. 474, 10-14-2024)

HISTORY
Repealed & Replaced by Ord. 474 ZC on 10/14/2024