The purpose of this Section is to protect and promote the general welfare, health, safety and order within the City through the establishment of a comprehensive and impartial series of standards, regulations or symbols serving as visual communicative media. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Section, while at the same time assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.

Except as otherwise provided in this Section, no person shall erect, maintain, repair, or alter or relocate within the City any sign as defined herein without first having been issued an appropriate permit therefore and having paid the appropriate permit fee.

The fees which shall be charged for permanent and temporary signs and for sign repair or copy replacement under this Section shall be in accordance with the fee schedule as determined by resolution of the City Council.

Each application for a permit under this Section shall be submitted to the City Manager or designee on forms provided by the City and shall include, but not be limited to, the following information:

A.

The name, address and telephone number of the person for whom the sign is being erected, plus the name, address and telephone number of the applicant and the property owner.

B.

The location and dimensions of the building, structure or lot to which, or upon which, the sign is to be attached or erected.

C.

A site plan showing the positioning and height of the sign(s) or other advertising structures in relation to all nearby existing or proposed buildings, structures and property lines, lighting details, a table of the proposed gross sign area for each sign and the total proposed sign area.

D.

Two blueprints or ink drawings of the plans and specifications for the sign, its method of construction and its attachment to the building or in the ground.

E.

When a, monument or free-standing sign is to exceed ten feet in height, two certified and sealed sets of stress sheets and calculations shall be submitted by a structural engineer licensed by the State of Minnesota attesting that the structure is designed for dead load and wind pressure in any direction as required to meet sound engineering principles.

F.

The name of the person, firm, corporation or association erecting the structure.

G.

Such other information as the City Manager or designee requires to show full compliance with this and all other laws and ordinances of the City.

H.

If the work authorized under a permit has not been completed within six months after the date of its issuance, said permit shall become null and void.

All signs within the City of Wayzata shall be subject to the following general regulations:

A.

Sign owners shall be required to maintain the appearance of the ground around all signs detached from buildings and to landscape where possible.

B.

Sign owners at the direction of the City Building Official, shall be required to repair or remove any sign which becomes unsafe, insecure, unsightly, defaced or a danger to the public. Sign maintenance shall be the responsibility of the underlying fee owner.

C.

The property owner shall be required to correct/remove a sign upon change of occupancy with the correct information. In no event shall a property owner maintain an incorrect or non-current sign message beyond a one month period.

D.

No sign or sign structure shall be placed on or extend into the public right-of-way or protrude over any sidewalk, except for wall, canopy, awning, projecting, and marquee signs. All signs located over such areas shall be in accordance with the awning regulations provided in Chapter 315 of the Wayzata City Code.

E.

The top edge of any wall or building mounted sign or object intended as an attention attracting device shall not extend above the roof line, parapet, or facade of the building to which it is attached.

F.

The construction of all signs permitted under this Section, unless otherwise stated herein, shall be in conformance with the provisions of the Uniform Sign Code published by the International Conference of Building Officials, 1997 Edition which is hereby adopted by reference and made a part of this Section.

G.

The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to freestanding signs shall be underground.

H.

No sign shall be artificially illuminated in such a way that produces a broadcast of glare or light beyond the sign. In no case shall a shadow exist producing an outline of the sign on the ground or against a building either on or off-site. All illumination of identification signs in residential districts shall be indirect. Artificially illuminated signs shall also be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver. Nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets.

I.

Signs shall not create a hazard to the safe, efficient movement of vehicular or pedestrian traffic. No private sign shall contain words which might be construed as traffic controls, such as "stop," "caution," "warning," unless the sign is intended to direct traffic on the premises.

J.

No signs, stays or attachments shall be erected, placed or maintained on rocks, fences or trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, nor be located within a drainage or utility easement.

K.

No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.

L.

No sign shall be attached to or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City Building Official.

M.

No sign shall be placed in a sight visibility triangle unless it is in accordance with the regulations as established in this Ordinance.

N.

Except for civic and holiday events as authorized by the City Council, the use of banners, posters, pennants, ribbons, streamers, spinners, search lights and any other similar devices designed and utilized primarily to draw attention to an object, product, place, activity, person, institution, organization or business shall require a temporary permit not to exceed a period of three days, except for banners and posters which shall not exceed a period of two weeks. This permit may be granted by the City Manager, or designee, no more than three times during any 12-month period. Lighter-than-air, inflatable devices and/or balloons shall not be permitted. A copy of the owner's insurance certificate shall be required prior to issuance of a temporary permit. The additional gross sign area of such devices, where applicable, and when added to the existing sign area, shall not exceed 110 percent of the total allowable sign area. For shopping centers, these provisions apply to the entire center as a complex and not to the tenants on an individual basis.

O.

The use of a temporary and portable sign shall be limited only to charitable, non-profit or civic organizations and shall require a temporary permit not to exceed a period of ten days. This permit may be granted by the City Manager, or designee, no more than three times during any 12-month period per organization. Portable and temporary signs may not exceed 32 square feet in area unless first approved by Council and shall not be illuminated with any flashing device. Any temporary electrical connections to such devices shall be made by an approved cord in proper condition from an approved GFI receptacle outlet in accordance with the National Electric Code. Temporary and portable signs shall not be permitted in any residential district.

P.

At least one address sign identifying the correct property number as assigned by the City Manager or designee shall be required on each principal building in all districts. The number shall be at least three inches in height, but no larger than 12 inches in height. Said sign shall be excluded from the total allowable sign area calculation. No permit shall be required for such address sign.

Q.

Public directory signs intended to identify a group of businesses, an organization or a public or quasi-public entity may be located upon public property only when first approved by the City Council. Public directory signs shall be required to comply with the provisions of this Section except where, due to unusual and unique conditions that may exist, such as in the East Lake Street area, a special exception may be granted by the City Council to achieve a desired public purpose.

R.

The design and construction of all signs within the City shall be done with the highest quality materials and workmanship to promote safety and a quality sign appearance. All signs located in residential and commercial areas shall be aesthetically pleasing when designed and constructed and shall relate harmoniously to the terrain, site circulation and existing or proposed buildings that have a visual relationship to the proposed signing.

S.

Where permitted, internally illuminated signs shall be permitted if only the text or logo portion of the sign is lighted. Back lighting of awnings is prohibited.

The following signs shall be prohibited within the City:

A.

Any sign which does or would interfere with the ability of drivers or pedestrians to see any traffic sign or signal or any crosswalk or which otherwise would constitute a public hazard.

B.

Revolving beacons, revolving, swinging, moving signs or signs with moving parts, zip flashers, flashing signs or similar devices, excepting time and temperature information. In the case of allowed time and temperature signs, the message depicted shall be reasonably accurate or the message shall be removed until it is repaired.

C.

Signs which are tacked, posted, painted or otherwise affixed on trees, fences, utility poles or other such accessory structures or landscape features.

D.

Signs which contain any indecent or offensive picture or written matter.

E.

Advertising signs.

F.

Pylon signs are prohibited in all zoning districts.

G.

Portable signs, except as provided for under Section 907.05.O.

The following signs shall be allowed without a permit in accordance with the height requirements of the corresponding zoning district under Section 927.08 of this Chapter:

A.

Free-standing, temporary political signs, which may remain for a period of not more than eight weeks prior to an election and five days after an election, provided that such signs are no more than six square feet in area and are placed with permission of the property owner or lessee, except during August 1 and ten days following the general election in any State general election year pursuant to Minn. Stats. § 211B.045., which does not place any size restrictions on non-commercial signs during that time period.

B.

Signs located on, above or beside entrances or exits to buildings or driveways which direct pedestrians (e.g. "employees entrance," "exit only," "rest rooms"), provided that such signs are no more than four square feet in area.

C.

Temporary signs denoting an architect, engineer or contractor, when placed upon work under construction, provided that each such sign is no more than 16 square feet in area and is removed upon the completion of construction. There shall be a maximum of one sign per company and not more than four of these signs allowed per property.

D.

Memorial signs or tablets and integral signs not exceeding nine square feet in area.

E.

At least one address sign identifying the correct property number as assigned by the City Manager or designee shall be required on each principal building in all districts. The number shall be at least three inches in height, but no larger than 12 inches in height. Said sign shall be excluded from the total allowable sign area calculation. No permit shall be required for such address sign.

F.

Governmental traffic control signs, non-commercial municipal signs, legal notices and temporary "danger" or "emergency" signs.

G.

Temporary advertising signs painted on or attached to the interior of a display window for commercial and retail businesses, provided they do not exceed 50 percent of the area of the individual window.

H.

One flag per government unit or agency with a pole height not exceeding 40 feet in residential districts and 60 feet in height for all other districts. The vertical height of the flag(s) where attached to the pole shall not occupy more than 20 percent of the pole height. All additional flags shall be subject to permit requirements and applied toward the total allowable sign area for a property and shall not exceed 40 square feet in area or 20 feet in pole height. There shall be no setback requirements for flag poles.

I.

Real estate signs, including banners, on a temporary basis, for the purpose of selling or leasing individual lots or buildings, provided that each such sign is no more than eight square feet in area for single family detached residential uses and 32 square feet for any other use, not exceeding eight feet in height. Such a sign shall be located only on the premises involved, and it shall be removed immediately upon sale or lease of the property or within 12 months, whichever is sooner. Real estate signs shall be allowed independent of the allowable sign area and limitations of the subject property.

J.

Rummage (garage) sale signs only on private property not exceeding six square feet in area and displayed only during the time of the sale.

K.

Holiday signs or displays which are displayed for a period not to exceed 75 days in any calendar year, and shall not exceed 20 square feet in area.

L.

Exterior private directory signs not exceeding 16 square feet in area.

M.

Non-illuminated identification signs for home occupations not exceeding two square feet in area attached to the dwelling.

In the following zoning districts as noted on the following page and as established within this Ordinance for the City of Wayzata, the corresponding signs and standards are herein established as the regulations governing new sign construction, installation or alteration from the effective date of this Section forward. A sign permit in accordance with Sections 927.02, 927.03, and 927.04 shall be required under this Section prior to any sign construction, installation or alteration. The following Sign Table shall be interpreted as providing for sign usage by right where standards are indicated for gross surface area and prohibited where blank. A Conditional Use Permit (CUP) may be requested for a sign where indicated. Conditional Use Permit requests shall be processed in accordance with Conditional Use Permit procedures established within Chapter 904 of this Ordinance.

The following standards shall apply to all signs permitted under Section 927.08:

A.

No sign, sign structure or other apparatus prohibited in any residential district which exceeds eight feet in height shall be set back less than 2½ times the sign height in distance from any such residential zoning districts. The sign shall also be positioned so that the copy is not visible from existing or potential residential uses within said districts along adjoining side and rear yard property lines.

B.

Standards for signs allowed by Conditional Use Permit shall be applied to applicable districts as provided for at time of approval. In addition to the criteria for approval as specified within the procedures for Conditional Use Permits by this Ordinance, the following standards shall also be taken into account:

1.

The sign placement, height or design does not create a safety hazard with regard to, from or on a public street or roadway.

2.

The sign placement, height or design does not create a safety problem or negatively affect adjoining properties or use.

3.

Consideration shall be given to the possible adverse effects of the proposed Conditional Use Permit and satisfactorily address any additional requirements that may be necessary to reduce such adverse effects. The City's judgement shall be based upon (but not limited to) the following factors:

a)

Relationship to area plans.

b)

The geographical area involved.

c)

Whether such Conditional Use Permit will depreciate the area in which it is proposed.

d)

The character of the surrounding area.

e)

The demonstrated need for such Conditional Use Permit.

f)

Whether such Conditional Use Permit would inherently lead to or encourage disturbing influences in the neighborhood.

C.

In C-3 Commercial Zoning Districts where a public frontage road separates a fronting property from the freeway, the following provision shall apply. In those cases where there is a grade difference of more than four feet between the proposed location of the sign and the higher grade of the freeway towards which the property fronts and the sign is oriented, the City Council may grant an increase in sign height to allow adequate visibility of the sign. In no case shall the sign height exceed 30 feet above the grade of the freeway or exceed a total of 40 feet.

D.

Time and/or temperature signs fronting on Wayzata Boulevard in all commercial districts shall be excluded from the maximum sign area limits allowed per sign, provided that:

1.

Time and/or temperature signs on Wayzata Boulevard shall not be closer than 2,000 feet from another time and/or temperature sign.

2.

The principal structure has a minimum floor area of 40,000 square feet.

3.

For freestanding signs, the sign conforms with the eight and location requirements in this Ordinance.

4.

Should the sign be attached to a wall, with the exception of size, the sign shall conform with wall sign requirements.

5.

The time and/or temperature sign shall be limited to a maximum total area of 50 square feet exclusive of the principal signage allowed for that property.

6.

The sign conforms with illumination requirements except that the lights may be on 24 hours a day.

7.

The message depicted is contained in one statement and not a continuing sentence or flow of information.

E.

Where a building, group of attached buildings on the same block or center contains more than one business, the allowable sign area for any single business shall be its portion of the gross square footage of the building or center applied as a percentage to the allowable sign area of the entire building or center.

F.

Ground, monument, or freestanding signs exceeding five feet in height, where permitted, shall be limited to one per commercial establishment. Multi-establishment buildings are herein considered a single commercial establishment. In the event that a shopping center or other type of commercial establishment desires more than one monument or free-standing sign exceeding five feet in height, then a Conditional Use Permit may be requested in accordance with all Conditional Use Permit procedures as set forth in Chapter 904 of this Ordinance.

G.

Independent of the total allowable sign area for individual businesses, one identification sign for a shopping center or other commercial center may be permitted per arterial street frontage.

H.

Where there are two walls of a principal building, with each having primary frontage on a principal streets, both frontages may be calculated on an individual basis with the total allowable wall sign area applied to the respective street frontage.

I.

In no circumstances, shall more than a 15-foot building height be used in the calculation of a principal wall frontage.

J.

All artificial illumination of signs in non-residential districts adjacent to or within 200 feet of residential districts or uses shall be turned off at the close of business or by 10.00 p.m., whichever occurs later. This requirement may also be applied to other appropriate locations as deemed necessary by the Wayzata City Council for the protection of certain areas as may be provided through approved policies contained within the City's Comprehensive Plan.

K.

So as not to create a double exposure or increase sign size limitations, there shall be a maximum separation angle of 45 degrees for signs which are back to back. In all residential districts, double-faced signs shall be parallel.

L.

For ground/low profile and monument signs, the copy or graphic area shall not exceed 50 percent of the potential maximum gross surface area, unless approved as a conditional use permit.

M.

Where there are special approved design features on a building such as cupolas, steeples, domes, chimneys, etc., a wall sign may be erected on such an architectural feature subject to approval of a Conditional Use Permit in accordance with all Conditional Use Permit procedures as set forth in this Section and this Ordinance. In no case shall the sign exceed the gross or total allowable sign area permitted.

N.

Independent of the total allowable sign area for individual residences in the R-1A, R-1, R-2A, R-2, R-3A, and R-3 Zoning Districts, two ground/low profile or monument project identification signs for residential areas with six or more lots may be allowed by Conditional Use Permit for each entrance to a unified project area consistent with the following provisions:

1.

New subdivisions.

a)

Each sign structure may not exceed a total of 32 square feet in area.

b)

Signs are to be located on outlots of sufficient size and area to accommodate them or within a dedicated permanent sign easement. A homeowners or neighborhood association is required for the area identified by the signs which shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and their property. The association rules or by-laws shall specify how the aforementioned sign responsibilities will be delegated and paid for. City staff shall review the proposed by-laws to ensure that they specify the aforementioned responsibilities.

c)

Outlots or easements for signs are to be considered and planned for at the time of preliminary plat application and will be included in the final plat. The development contract between the City and the developer shall specify the designated use of the outlot or easements, its ownership and the respective home owners association responsibilities regarding the proposed improvements.

d)

Project identification signs as provided for herein, shall be limited to a unified and definable project area.

e)

Lighting of signs may be allowed. The electric costs and maintenance of such lighting shall be the responsibility of the homeowners association or neighborhood association of the area identified by the sign(s) and shall be clearly noted in the association's rules or by-laws.

f)

The area around the sign is to be landscaped and maintained in such a manner to accent and enhance the sign while remaining sensitive to the natural features of the site. Detailed site and landscape plans shall be included with each sign permit application and shall be subject to review by the Planning Commission.

g)

The design and construction of residential area identification signs shall be done with the highest quality materials and workmanship to keep maintenance and upkeep costs to a minimum and to minimize the potential for vandalism. Residential area identification signs are to be aesthetically pleasing when designed and constructed. The signs shall be compatible with nearby or potential homes and other structures in the area. Detailed construction plans and a materials list shall be included with the Conditional Use Permit application.

h)

The City reserves the right to require the removal, at the owner's expense, of any sign when the requirements of this Section and this Ordinance are not completely followed and adhered to or if the sign is not properly maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign or nearby landscaping when removed by the City.

2.

Existing Subdivisions. A low profile identification sign may be allowed, subject to the procedures set forth in and regulated by this Section and other applicable City ordinances, for existing residential area plats. If no outlots or easements are designated for signs, the plat may be amended, in accordance with the minor subdivision section of the Wayzata Subdivision Ordinance, to provide for such a proposal and shall meet the same criteria and requirements as set forth for new subdivisions.

O.

Independent of the total allowable sign area for residential dwellings in the R-4A, R-4, R-5, R-6 or Residential Planned Unit Development Districts, two project monument identification signs may be allowed by Conditional Use Permit for each entrance to an area consistent with the following provisions:

1.

If the monument signs are to be located in a development which includes individual ownership parcels, then the provisions established for individual residences in Section 927.09.N above shall apply.

2.

If the monument signs are to be located in a development which do not include individual ownership parcels, then all other provisions of this Section shall apply.

A.

Permanent signs which lawfully exist on the effective date of this Ordinance and which do not meet the requirements of this Section, except for advertising and billboard signs, and except for pylon and monument signs which exceed the maximum gross surface area and height which were required to be removed by November 18, 1987, shall be allowed to continue. These non-conforming signs shall not be altered, rebuilt or relocated, unless destroyed by natural or other causes uncontrollable by the owner, lessor or agent of the property, other than for routine maintenance, repair or to change the copy or message thereon without being brought into compliance with the requirements of this Section.

B.

After a non-conforming sign has been removed, it shall not be replaced by another non-conforming sign. Whenever the use of a non-conforming sign has been discontinued for a period of one month, such use shall not be resumed thereafter unless the sign meets the requirements of this Section. Within a one month period of the sign or business discontinuance, the sign owner shall remove the non-conforming sign.

C.

Non-Conforming Uses. When the principal use of land is legally non-conforming under this Section, all existing or proposed signs in conjunction with that land shall be considered conforming if they are in compliance with the provisions of this Section for the most restrictive zoning district in which the principal use is allowed, or the C-1 zoning district, whichever provision is the most restrictive.

If the Zoning Administrator or his designee finds that any sign has been erected without the necessary approvals or any sign is being maintained in violation of any provision of this Section, he may give written notice of such violation to the installer of said sign, to the permit holder and/or to the owner, lessee or manager of said property. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of this Section, the sign shall be deemed to be a nuisance and may be abated by the City under Minn. Stats. Ch. 429. The cost of such an abatement, including administrative expenses and reasonable attorneys' fees, may be levied as a special assessment against the property upon which the sign is located.

Section 27 Sign Table

Notes:

* shall only apply to a shopping center

Additional Sign Standards:

1.

For properties located in any of the Design Standards Districts, additional sign standards as set forth in the Design Standards shall apply.

2.

Roof signs are only allowed on pitched-styled buildings and shall not extend above the roof line, parapet, or fapade of the building.

3.

Buildings shall be allowed either a wall sign or roof sign (where applicable).

4.

A comprehensive signage plan shall be submitted for all proposed structures except single-family dwellings.

5.

The use of pylon signs is prohibited in all zoning districts within the City of Wayzata.

6.

Wall signs on storefront-type buildings shall be placed within the sign band immediately above the storefront.