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HomeMy WebLinkAboutSign Ordinances from Area Cities§11.70 C. Height: No sign shall exceed the height of the primary structure on the lot said sign is located. In no event shall the maximum height exceed that set forth in Table 1. d. Setback: Any sign over six (6) square feet shall be placed at least ten (10) feet from any front, side and rear property line. In no event shall any part of a sign be closer than two (2) feet to a vertical line drawn at the property line. All signs over one hundred (100) square feet shall be placed at least one hundred fifty (150) feet from any residential or agricultural district. Table 1. Traffic Speed Maximum Allowed Maximum Allowed Allowed Sign Area Height 20 mph & under 50 sq ft 20 ft 25 - 30 mph 75 sq ft 25 ft 35-45 mph 150sgft 30 ft 50 + mph 200 sq ft 35 ft C. Industrial Districts Within the Industrial Park, Power Generation Industrial, and General Industrial zoning districts signs are permitted as follows: a. Except as provided herein, the total square footage of sign area for each lot shall not exceed two (2) square feet of sign area for each lineal foot of lot frontage. However, where a location is a corner lot, the amount may be increased by one (1) square foot of sign per front foot of public right-of-way along said lot line. b. Area: No sign, or combination of signs on one lot, shall exceed four hundred (400) square feet in area. c. Height: No sign shall exceed the height of the primary structure on the lot said sign is located or forty-five (45) feet in height above grade, whichever is less. d. Setback: Any sign over ten (10) square feet shall be placed at least ten (10) feet from any property line. In no event shall any part of a sign be closer than two (2) feet to a vertical line drawn at the property line. All signs over one hundred (100) square feet shall be placed at least one hundred fifty (150) feet from any residential or agricultural district. §11.70 Subd. 21. Permitted Signs by District. A. Residential Districts 1. Within residential zoning districts signs are permitted as follows: District Maximum Sian Area of Single Simon Total Area of All Sims R-1, R-2 8 square feet per surface 16 square feet R-3 8 square feet per surface 16 square feet 2. Maximum Height: No sign shall exceed eight (8) feet above grade. 3. Setback: Any sign over two (2) square feet shall be located at least ten (10) feet from any property line. 4. The following types of signs are not permitted in residential zoning districts: Awning signs; - Balloon signs; Canopy signs; Flashing signs; Marquee signs; Pole signs; Pylon signs; and Shimmering signs. B. Commercial, Public and Quasi -Public Districts 1. Within commercial, public and quasi -public zoning districts signs are permitted as follows: a. Except as provided herein, the total square footage of sign area for each lot shall not exceed one and one-half square feet of sign area for each lineal foot of lot frontage. However, where a location is a corner lot, the amount may be increased by one (1) square foot of sign per front foot of public right-of-way along said lot line. b. Area: No sign, or combination of signs on one lot, shall exceed the maximum allowed area as set forth in Table 1. 1. Balloon signs; 2. Shimmering signs; and 3. Stringers. 10-11-8: SIGNS IN INDUSTRIAL DISTRICTS A. Permitted Signs: Where appropriate, any sign permitted in the residential or business district shall be permitted in the industrial district. Signs shall be under the same restrictions specified for those districts except as modified in this Section. Where any sign is illuminated, the illumination there from shall not produce illumination upon any residence in a residential zone beyond the foot-candle limitations imposed by the pertinent ordinances or regulations of the City. B. Identification; Signs: Identification signs shall not exceed six (6) square feet. Building wall signs shall not exceed twenty percent (20%) of building frontage area. Freestanding, pylon or area identification signs may not exceed two hundred (200) square feet and a height of thirty-five (35) feet. C. Sign Area: The total square footage of sign area for each lot shall not exceed five (5) square feet for each lineal foot of lot frontage. D. Setbacks: Setbacks for signage in the industrial zones shall not be located within recorded drainage and utility easements. E. Changeable signs for the purposes of displaying advertising sales or messages shall be permitted above and beyond above stated allowances at a maximum of thirty-two (32) square feet. This additional square footage may be used on the freestanding sign, wall sign or a combination of both as to not exceed a total of thirty-two (32) square feet. 10-11-9: CHANGEABLE SIGNS. All changeable signs are subject to the following: A. Changeable signs may only be located in the B-1, B-2, B-3, CDZ (Commercial), or R-5 PUD Districts, subject to the size requirements set forth in Section 10-11-7. B. Changeable signs may not be freestanding, but must be physically connected to a non - changeable on -premise sign. C. Changeable signs may not exceed twenty (20) feet in height. D. Every line of copy and graphics on a changeable sign must be at least seven (7) inches in height on a road with a speed limit of 25 to 34. miles per hour; nine (9) inches in height on a road with a speed limit of 35 to 44 miles per hour; twelve (12) inches in height on a road with a speed limit of 45 to 54 miles per hour; and fifteen (15) inches in ,height on a road with a speed limit of 55 miles per hour or higher. E. The leading edge of a changeable sign must be a minimum distance of two hundred (200) feet from an abutting residential district boundary. F. Except as otherwise provided in this Section, animation, streaming video, and images which move or give the appearance of movement are prohibited on all changeable signs. G. A changeable sign must not exceed a maximum illumination of six thousand (6,000) nits during daylight hours, and a maximum illumination of five hundred (500) nits between dusk and dawn, as measured from the sign's face at maximum brightness. All electrically activated changeable ADOPTED OCTOBER 28, 2013 Page 127 of 199 signs, electronic message signs and electronic display screens must have ambient light monitors which automatically adjust the brightness level of the sign based on ambient light conditions. H. Audio speakers and components, along with any form of pyrotechnics, are prohibited in association with a changeable sign..Only one (1) on -premise electronic message sign or electronic display screen is permitted per zoning lot. A minimum of 50 feet from a traffic control device to a changeable sign shall be maintained. All other signs must have a minimum of 25 feet from a traffic control device. J. Electronic message signs or electronic display screens must be separated from other electronic message signs, electronic display screens, electronic graphic displays or video displays by at least one hundred fifty (150) feet. K. When located within two hundred (200) feet of a lot in a residential zone that is being used for residential purposes, all parts of an electronic message sign or electronic display screen must be oriented so that no portion of the sign face is visible from an existing or permitted principal structure on the residential lot. L. Each message or image displayed on an electronic message sign or electronic display screen must be static or depicted for a minimum of ten (10) seconds. M. Each text message displayed on an electronic message sign or electronic display screen must remain static for a reasonable amount of time for the average reader to read the message, as determined by the Zoning Administrator; however, based on sign area, text messages displayed on an electronic message sign or electronic display screen may scroll in order to accomplish the same result. No text message may blink, flash, or mimic strobe -lighting effects. 10-11-10: TEMPORARY SIGNS. A. Permit Required; Temporary signs announcing a unique civic happening, action, purpose or action which -appeals to a broad community interest are allowed in any district only by permit issued by the Zoning Administrator. This excludes garage, political signs, and real estate signs. A fee, set forth by ordinance, applies to a permit for temporary signs. Fundraisers, grand openings, closings, sales, would not be considered a unique happening, action purpose or action which appeals to a broad community interest. B. Location; Placement: Temporary signs announcing a unique happening, action, purpose or occasion which appeals to a broad community interest shall be allowed to be erected for up to 15 days prior to the event. Properties can have a temporary sign which announces a unique civic happening, action, purpose or action which appeals to a broad community interest four times during any calendar year and only after an application has been approved for location and placement. C. One Sign Per Parcel: There shall be no more than one temporary sign per parcel of property or business, whichever is less, permitted at any one time. E. Anchors: Anchors for temporary signs shall be subject to approval by the Building Inspector and maintained to prevent displacement or tipping over during high winds. F. Subdivision Development Signs; Fee: During the development of a, there shall be allowed two (2) signs in the subdivision, not to exceed sixty-four (64) square feet in surface area and not to exceed twelve (12) feet in height. The sign shall advertise the development and may name the subdivision, subdivision layout, developer, contractors, suppliers, brokers and financial institutions involved. A permit shall be obtained for the placement of such signs and a fee paid. Additional ADOPTED OCTOBER 28, 2013 Page 128 of 199 Article 18. Signs 18.1 PURPOSE 18.2 GENERAL PROVISIONS 18.3 SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS 18.4 SIGNS IN C-1 AND C-2 COMMERCIAL DISTRICTS AND MD MEDICAL DISTRICT 18.5 SIGNS IN THE C-3 AND C-4 COMMERCIAL DISTRICTS 18.6 SIGNS IN THE C-5 COMMERCIAL DISTRICT, 1-1, 1-2, AND 1-3 INDUSTRIAL DISTRICTS 18.7 LICENSES AND PERMIT FEES 18.1 PURPOSE The purpose of these sign regulations is to establish a set of standards to control the erection and use of on -premise and off -premise advertising devices, symbols, markings, or devices within the City of St. Cloud. 18.2 GENERAL PROVISIONS The following regulations shall apply to all signs hereinafter permitted in all districts. A. Illuminated signs giving off intermittent or rotating concentrated or directional beams or flashing shall not be permitted in any district. Electronically controlled changing time and temperature signs are not to be considered as an intermittent, rotating concentrated, directional beam, or flashing sign. B. Signs painted on a building shall be governed by the sign surface area limitations specified in the appropriate zoning district. These shall be kept in good condition or removed when not maintained. C. No signs shall project into a public way and/or area except in the C-3 and C-4 districts where a sign attached to a building may project twenty-four inches (24") into the right-of-way, if the bottom of the sign is at least eight feet (8') above the ground or sidewalk. D. The square footage of all signs shall be calculated on sign surface area. E. No signs shall be placed that resemble any official marker erected by a governmental agency or display such as "stop" or' 'danger." F. All height requirements for signs shall be measured from average grade at the building line to the top of the sign. G. No sign located outside a building shall be permitted to obstruct any window, door, fire escape, stairway, or opening intended to provide light, air, ingress, or egress for any building or structure. H. Political signs may be permitted subject to these requirements: 1. The signs refer to a candidate or issue to be locally voted upon. 2. The political sign shall be permitted for a period of not more than ninety (90) days before and ten (10) days after the election. City of St. Cloud, Minnesota Article 18: Land Development Code Article 18 - Page 1 Signs 3. Political signs shall be set back from any public thoroughfare right-of-way a minimum distance of ten feet (10'). 4. Political signs shall not exceed sixteen square feet (16 sq. ft.) in area nor ten feet (10') in height in all residential districts and thirty-two square feet (32 sq. ft.) in area nor ten feet (10') in height in all other districts. I. The owner, lessee, or manager of any ground sign, and the owner of the land on which the same is located, shall keep grass, weeds, and other growth cut and debris and rubbish cleaned up and removed from the lot on which the sign is located. J. Advertising signs, business signs, and nameplate signs which may be or may hereafter become rotted, unsafe, or unsightly shall be repaired or removed by the licensee, owner, or owner of the property upon which the sign stands upon notice by the Zoning Office. K. Where any sign is illuminated, the illumination therefrom shall not produce illumination upon any residence in a residential zone beyond the foot-candle limitations imposed by the pertinent ordinances or regulations of the City. L. No sign shall be located that obstructs traffic visibility. M. All signs may be illuminated unless otherwise noted. N. Rotating signs shall not be permitted, except in the 1-1, Light Industrial District, and I-2, General Industrial District, as a conditional use where a determination is made that the sign will not be a visual distraction or detriment to the motoring public or surrounding area. O. Other temporary business signs not listed under Section 18.3.G shall be allowed as follows, except temporary business signs shall not be allowed in any residential district: 1. Maximum Height - freestanding sign - six feet (6'): wall sign - not above the roofline. 2. Maximum Area - forty square feet (40 sq. ft.); effective 1/1/2003, thirty-two square feet (32 sq. ft.). 3. Setback — ten feet (10') from all property lines or street/sidewalk easement lines, whichever is greater, for freestanding sign(s). 4. Illumination shall not be allowed. 5. Duration — a. Effective 4/112009, signs shall be displayed in accordance with the following: 1. On zoning lots measuring five (5) acres or less in size, one (1) banner, portable sign, balloon sign, temporary pole sign or temporary wall sign may be displayed for a total of sixty (60) days within a twelve (12) month period with a maximum of two (2) display periods of no more than thirty (30) days in that same twelve (12) month period. 2. On zoning lots measuring greater than five (5) acres in size, one (1) banner, portable sign, balloon sign, temporary pole sign or temporary wall sign may be displayed for a total of ninety (90) days within a twelve (12) month period with a maximum of three (3) display periods of no more than thirty (30) days in that same twelve (12) month period. City of St. Cloud, Minnesota Article 18: Land Development Code Article 18 - Page 2 Signs b. Effective 4/1/2011, signs shall be displayed no more than two (2) times in any one (1) twelve (12) month period, total of sixty (60) days in any one (1) twelve (12) month period, maximum of thirty (30) days per individual display time, per zoning lot. 6. Sign Permit - the owner of temporary sign structures, excluding banners and pennants, is required to secure a permit annually for each temporary sign structure and adhere the permit to the structure; the owner of said temporary sign structure must register each sign structure's proposed location and the time for display with the City of St. Cloud Inspection Office with said registration received at least three (3) days prior to the starting date for display. All banners and pennants are required to have a permit; if the sign is moved or removed, another sign permit is required for placement of sign. If, at the time the permit is issued, display dates are provided, one (1) sign permit may be issued for up to three (3) different display times per twelve (12) month period. 7. All temporary/portable business sign structures shall meet eighty mile per hour (80 mph) wind load requirements from Sec. 469:50 of the 1977 St. Cloud Code of Ordinances (thirty (30) pounds per foot). Placing sand bags, bricks, chains, or other such materials to meet the load requirements described above or to secure the temporary/portable business sign shall not be allowed. 8. All temporary/portable banners and pennants that are anchored to a building shall be anchored to the building in a manner that meets the building code by cords that have a minimum tensile strength of eighty (80) pounds. P. Advertising sign structures that are placed/constructed on property which is adjacent to a principal arterial, minor arterial, or collector street/road shall have a minimum setback of fifteen feet (15') from the property line or street/road/sidewalk easement lines (whichever is greater) adjacent to the principal arterial, minor arterial, or collector street/road. The setback shall apply to all portions of the sign face/sign structure, including sign supports, poles, etc. 18.3 SIGNS IN AGRICULTURAL AND RESIDENTIAL DISTRICTS A. In Agricultural and Residential Districts, the following requirements shall apply to all signs: 1. No sign shall project higher than ten feet (10') above average grade. 2. No sign shall be placed closer than ten feet (10') to any property line, except directional signs which have a zero foot (0') setback. 3. No sign shall be placed in any interior side yard. 4. No sign shall be mounted on the roof of a building. 5. Advertising signs shall not be permitted. B. One (1) identification sign identifying the owner or occupant of a building or dwelling unit or one (1) sign pertaining to the lease or sale of a building or property, provided the surface area does not exceed five square feet (5 sq. ft.). Such signs shall not be illuminated. C. One (1) identification sign, not to exceed thirty square feet (30 sq. ft.) in surface area for the following uses: churches, schools, sanitariums, clubs, libraries, land use changes, crop farms, vegetable farms, general farms, nurseries/tree farms, roadside stands, cemeteries, community centers, rest homes, nursing homes, hospitals, other public buildings, or similar uses. Such signs shall be solely for the purpose of displaying the name of the institution and its activities or services. D. One (1) nameplate sign for a multiple dwelling unit complex not to exceed thirty square feet (30 sq ft.) in surface area. Such sign may indicate the names and addresses of the buildings or it may be a directory for occupants. City of St. Cloud, Minnesota Article 18: Land Development Code Article 18 - Page 3 Signs E. One (1) identification sign not to exceed ten square feet (10 sq. ft.) in surface area for the following uses: fraternities, sororities, dormitories, lodging houses, day care facilities, residential facilities, and bed and breakfast facilities. F. Directional signs in any parking area necessary for the orderly movement of traffic, provided that such sign shall not be used as advertising space. No sign shall exceed five square feet (5 sq. ft.) in area. G. Temporary signs shall be allowed as follows: 1. A new subdivision or development shall be allowed one (1) sign not to exceed fifty square feet (50 sq. ft.) in surface area. Such sign shall be removed when seventy-five percent (75%) of the lots are developed. Such sign shall not be illuminated. 2. A sign identifying an engineer, architect, contractor, bank, or product engaged in or used in the construction of a building or utility provided such sign shall,not exceed ten square feet (10 sq. ft.) in surface area. Such signs shall be removed prior to occupancy of the building or completion of the project. Such sign shall not be illuminated. H. Temporary shelter facilities (TSFs) shall be allowed one (1) non -illuminated identification sign attached to the building entrance which is not more than ten square feet (10 sq. ft.) in area. I. One (1) & Two (2) Family Residential Identification Signs: For each single family subdivision containing at least twenty-five (25) lots and each two (2) family subdivision containing a potential for at least fifty (50) dwellings, identification signs are permitted which comply with the following standards: 1. One (1) freestanding sign on one (1) or both sides of an entrance per abutting collector or arterial street. 2. , Forty square foot (40 sq. ft.) maximum copy and graphic area per sign. 3. One hundred ten square foot (110 sq. ft.) maximum total monument area per sign face with an aggregate of two -hundred twenty square feet (220 sq. ft.) if double faced. 4. Ten foot (10') maximum height. 5. Single or double faced. If double faced, the angle of the sign faces shall not exceed thirty degrees (30°). 6. Only external illumination allowed. 7. The sign shall be located on a parcel held in common ownership or located within a dedicated permanent sign easement and shall be perpetually maintained by a homeowners' association or responsible property owners. 8. Sign content shall be solely for displaying the name of the subdivision or development. 18.4 SIGNS IN C-1 AND C-2 COMMERCIAL DISTRICTS AND MD MEDICAL DISTRICT A. In the C-1 and C-2 Commercial Districts, and the MD, Medical District, business signs and nameplate signs shall be permitted subject to the following regulations: 1. Signs as permitted and regulated in Residential Districts R-1 through R-7. 2. , C-1 District. One (1) pylon business sign for each building or building complex; such sign shall not exceed thirty square feet (30 sq. ft.) in sign surface area. Wall signs shall not exceed a total of fifteen percent (15%) of the exposed wall area upon which the wall signs City of St. Cloud, Minnesota Article 18: Land Development Code Article 18 - Page 4 Signs are mounted or painted. No sign attached to the building shall project above the roof or parapet line. Such signs shall display only the name and address of the building, occupant, or management. 3. C-2 District. The total surface area of all pylon business signs on a lot shall not exceed the sum of one-quarter square foot (1/4 sq. ft.) per lineal foot of lot frontage, or thirty square feet (30 sq. ft.), whichever is greater. In no case shall pylon signs exceed one hundred fifty square feet (150 sq. ft.). In addition, building walls may display wall signs provided that all wall signs do not exceed a total of fifteen percent (15%) of the exposed wall area upon which the sign(s) is located. No sign attached to the building shall project above the roof or parapet line. 4. MD District. All signs shall be regulated by the approved general development plan and approved site plan for the MD property. Sections B through F of Article 18.4 shall not apply to the MD property. B. Advertising signs shall not be permitted. C. No sign shall be mounted on the roof of any building. D. No sign shall exceed twenty feet (20') in height. E. All signs shall maintain a minimum setback of twenty feet (20') from all property lines. F. One (1) "For Sale" or "For Lease" sign which shall not exceed twenty square feet (20 sq. ft.). 18.5 SIGNS IN THE C-3 AND C-4 COMMERCIAL DISTRICTS A. In the C-3 and C-4 Commercial Districts, business signs, nameplate signs, and advertising signs are permitted subject to the following regulations: 1. The total surface area of all pylon business signs on a lot shall not exceed the sum of one square foot (1 sq. ft.) per lineal foot of lot frontage, or seventy-five square feet (75 sq. ft.), whichever is greater. In addition, building wall areas may display wall signs provided that all wall signs do not exceed a total of fifteen percent (15%) of the exposed building wall area upon which the sign(s) is located. 2. Advertising sign structures shall not be placed or erected any closer than seven hundred fifty feet (750') from any other advertising sign structure. No advertising sign structures shall project higher than forty feet (40') above average grade. Such structure may not contain more than two (2) signs per facing nor exceed fifty-five feet (55') in total length and four hundred square feet (400 sq. ft.) in sign surface area. No advertising sign may be erected within two hundred feet (200') of a residentially zoned property. B. Wall signs shall not project above the roof or parapet wall. Said wall shall not exceed ten feet (10') in height from the point the building wall meets the roof, nor shall a sign be mounted on the roof of any building. Ground or pylon signs shall not exceed fifty feet (50') in height. C. One (1) "For Sale" or "For Lease" sign which shall not exceed thirty-two square feet (32 sq. ft.). D. There shall be no setback required for business signs unless the district boundary is adjacent to a residential district in which case the setback shall be the same as required on the residential lot line. City of St. Cloud, Minnesota Article 18: Land Development Code Article 18 - Page 5 Signs 18.6 SIGNS IN THE C-5 COMMERCIAL DISTRICT, 1-1,1-2, AND 1-3 INDUSTRIAL DISTRICTS A. Within the C-5 Commercial District, the 1-1, 1-2, and 1-3, business signs, nameplate signs, and advertising signs are permitted subject to the following regulations. 1. The total surface area of all pylon business signs on a lot shall not exceed the sum of two square feet (2 sq. ft.) per lineal foot of lot frontage, or two hundred square feet (200 sq. ft.), whichever is greater. In addition, building wall areas may display wall signs provided that all wall signs do not exceed a total of fifteen percent (15%) of the exposed building wall area upon which the sign(s) is located. 2. Advertising sign structures shall not be placed or erected any closer than seven hundred fifty feet (750') from any other advertising sign structure. No advertising sign structures shall project higher than forty feet (40') above average grade. Such structure may not contain more than two (2) signs per facing nor exceed fifty-five feet (55') in total length and four hundred square feet (400 sq. ft.) in sign surface area. No advertising sign may be erected within two hundred feet (200') of a residential zoned property. B. Wall signs shall not project above the roof or parapet wall. Said wall shall not exceed ten feet (10') in height from the point the building wall meets the roof, nor shall a sign be mounted on the roof of any building. Ground or pylon signs shall not exceed fifty feet (50') in height. C. Setbacks: All business signs and lighting fixtures in the C-5, 1-1, and 1-2 districts may be located in all setback areas. However, the bottom of the business signs must be at least eight feet (8) above the ground grade line or sidewalk, and the business sign'shall not interfere with traffic visibility across any street or alley comer. All business signs must maintain a setback when the district boundary is adjacent to a residential district. The setback requirement shall be the same as required on the residential lot line, except if the C-5, 1-1, or 1-2 property is at least 100' from the residential property; then the normal non-residential setback shall apply. All business signs in the 1-3 district shall maintain a minimum setback of twenty feet (20') from all property lines. D. One (1) "For Sale" or "For Lease" sign which shall not exceed fifty square feet (50 sq. ft.). 18.7 LICENSES AND PERMIT FEES All signs shall be subject to permit procedures as set forth in Article 4 of this Ordinance and other inspection and fee procedures as set forth in City ordinances. City of St. Cloud, Minnesota Article 18: Land Development Code Article 18 - Page 6 Signs maintained or falls into a state of disrepair. The City shall not have any obligation or liability to replace any sign when removed by the City. 6. Billboards: Billboards and advertising signs subject to the following provisions: a. Billboards shall be limited to no more than one (1) sign per facing or a total of no more than two (2) signs per structure. b. Billboards shall be limited to not more than twenty-five (25) feet in total length and a height of thirty (30) feet above the average grade, or such other height as may be approved by the City Council. C. Billboards shall be limited to an overall surface area on one (1) side of seven hundred seventy (770) square feet. d. No advertising signs shall be located within a distance of one thousand (1,000) feet from any other billboard located along the same side of the street nor within five hundred (500) feet of any billboard located on the opposite side of that street or any other street. e. No billboard shall be located within one thousand (1,000) feet of a residential zoning district or within three hundred (300) feet of an at - grade intersection of any street and railroad. No billboard shall be located within five hundred (500) feet from any parks, public lands, or public structures where said land or structures are located in commercial/business or industrial zoning districts. No billboard shall be permitted within ten (10) feet of a street or highway right-of-way. g. Billboards shall be permanently secured to the ground in a manner sufficient to meet the standards set forth in the State Building Code. Any billboard not secured shall be deemed a temporary billboard for purposes of this Ordinance. No temporary billboard shall be placed at a location for a period of more than five (5) days. All temporary billboards shall require a permit as provided in Section 31.08 of this section and all temporary billboards in existence at the time this Ordinance becomes effective shall be allowed to remain for a period of five (5) days after which they shall be removed. 7. Message Signs: Temporary message signs, not exceeding thirty-two (32) square feet on each side may be allowed by temporary permit under the following provisions: 31-12 S accommodate them. A landowners or tenants association or other legal mechanism binding the properties or businesses involved shall own and be responsible for the upkeep, perpetual maintenance, taxes, insurance, utilities, and other costs associated with the sign(s) and the outlot property. The association rules or by-laws or other legally recorded document shall specify how the aforementioned sign responsibilities will be delegated and paid for. Such legal document shall be subject to the review and approval of the City Attorney. d. Outlots for signs shall be considered and planned for at the time of preliminary plat application and be included in the final plat. The subdivision development contract between the City and the developer shall specify the designated use of the outlot, its ownership and the respective land owners association responsibilities regarding the outlot. e. Signs shall be located not less than five (5) feet from a property line. Lighting of signs shall be permitted, provided that glare or light from such lighting does not illuminate any adjacent properties, buildings, structures or public rights-of-way. The electric costs and maintenance of such lighting shall be the responsibility of the land owners or tenants association of the area identified by the sign(s) and shall be clearly noted in the association by-laws or rules or other such legal document. g. The outlot area around the sign shall be landscaped 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 be subject to City Council review and approval. h. The design and construction of business 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. Business area identification signs are to be aesthetically pleasing when designed and constructed. The sign 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 each sign permit application and shall be subject to City Council review and approval. i. The City reserves the right to require the removal, at the owner's expense, any sign when the requirements of this Section are not completely followed and adhered to or if the sign is not properly 31-11 a. Message signs may be illuminated, but flashing signs are prohibited. b. Electronic changing message/reader boards are prohibited. C. A temporary permit shall be valid for a period of ten (10) days and no more than three (3) permits per property shall be granted during any twelve (12) month period. d. In the case of a business center where two (2) or more uses are located within the same structure or upon the same parcel of land, that center shall be considered one property. D. In a Planned Unit Development District, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. 31.06 SPECIAL USE REGULATIONS: A. Motor Fuel Station: Signs for motor fuel stations shall be regulated by the sign provisions for the zoning district in which the station is located. In addition, motor fuel stations may also display signs which identify current fuel prices and automobile wash facilities. No more than two (2) such signs shall be allowed and said signs shall be limited to a total maximum gross area of thirty-two (32) square feet and shall be limited to a maximum height of fifteen (15) feet. B. Multiple Occupancy Business and Industrial Buildings: When a single principal building is devoted to four (4) or more businesses, or industrial uses, a comprehensive sign plan for the entire structure shall be submitted and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the following regulations. The plan shall be subject to the approval of the City Council. No permit shall be issued for an individual use except upon a determination that it is consistent with the approved comprehensive sign plan. The maximum individual sign sizes for multiple occupancy structures and individual uses which may display signs shall not exceed the maximum provisions for single occupancy structures in the same zoning district. 2. Multiple occupancy structures may display an area identification sign consistent with the applicable district provisions in Subd. 31.05.0 of this Ordinance. Individual freestanding signs identifying the tenants' business shall not be displayed. 3. Except as provided in Subd. 31.06.B.4 below, individual tenants of multiple 31-13 A occupancy structures shall not display separate wall signs unless the tenants' business has an exclusive exterior entrance. The number of signs shall be limited to one (1) per entrance, and each sign shall be limited to the maximum wall size sign permitted in the district, the total of which shall not exceed the square footage allowed. The signs shall be located only on exterior walls which are directly related to the use being identified. 4. In any multiple occupancy structure qualifying as a mall type shopping center, directory signs shall be permitted for each common public entrance. Each directory sign area shall not exceed a total of fifty (50) square feet and shall be located within fifty (50) feet of the common public entrance being served. The size of individual business identification signing within the directory shall be established during the site plan review process. Attention shall be given to the possible number of tenant or occupant bays which may be served by the common public entrance for which the directory sign is intended. Institutional, Non -Commercial Public and Semi -Public Uses: The maximum signing allowed for such uses shall be determined on the basis of the following criteria (whichever provision allows for the largest amount of signing shall be the provision which applies): a Q Based upon site area: Up to 5 acres 5.1 acres to 10 acres 10.1 acres to 15 acres 15.1 acres to 25 acres 25.1 acres and above 32 square feet 64 square feet 96 square feet 128 square feet - 160 square feet The maximum size of signing allowed per single use in the respective zoning district in which the site is located. 2. For sites not exceeding twenty-five (25) acres, one (1) sign shall be permitted for each principal use. The total signing not to exceed the maximum allowed per site. 3. For sites of greater than twenty-five (25) acres containing one or more principal uses, two (2) signs not exceeding the maximum amount of signing allowed per site shall be permitted. 4. Non -electronic reader (message) board space shall not exceed a total of twenty (20) square feet of the signing permitted or constructed. 31-14 City of Little Falls ORDINANCE NO. 42 SIXTH SERIES AN ORDINANCE OF THE CITY OF LITTLE FALLS AMENDING LITTLE FALLS CITY CODE CHAPTER 5, ENTITLED "CONSTRUCTION LICENSING, PERMITS AND REGULATIONS", SECTION 5.30, ENTITLED "SIGN REGULATIONS, GENERAL STANDARDS"; SECTION 5.31, ENTITLED "SIGN REGULATIONS, HISTORIC AREAS"; AND SECTION 5.32, ENTITLED "SIGN REGULATIONS, NON -HISTORIC ZONING DISTRICTS"; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, AND CHAPTER 5, SECTION 5.99, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS THE CITY OF LITTLE FALLS ORDAINS: SECTION 1. Little Falls City Code Chapter 5, entitled "Construction Licensing, Permits and Regulations"; Section 5.3o, entitled "Sign Regulations, General Standards"; is hereby amended in its entirety to read: SECTION 5.30: SIGN REGULATIONS: I. FINDINGS, PURPOSE, EFFECT AND DEFINITIONS A. FINDINGS. The City Council hereby finds as follows: 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, thereby threatening the public health, safety and welfare. 4. The City's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulations of the physical characteristics of signs within the City have had a positive impact on traffic safety and the appearance of the community. B. PURPOSE AND INTENT. It is not the purpose or intent of this ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this ordinance 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 ordinance is to: 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. 2. Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. 3. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. 4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. C. EFFECT. A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of these regulations. The effect of this ordinance, as more specifically set forth herein, is to: 1. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this ordinance. 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 ordinance. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affecting the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. 4. Provide for the enforcement of the provisions of this ordinance. D. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted the sign ordinance in each section, subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. E. DEFINITIONS. The following words and terms, when used in this ordinance, shall have the following meanings, unless the context clearly indicates otherwise. ABANDONED SIGN: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one (i) year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one (1) year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign. A -FRAME SIGN: A moveable free standing sign hinged at the top, or attached in a way that forms a shape similar to the letter "A" when viewed from the side. Also known as a sandwich board. This would also include a springboard sign. AWNING: A roof -like cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment and which projects from a wall or roof of a structure primarily over a window, walk or the like. Any part of an awning, which also projects over a door, shall be counted as an awning. AWNING SIGN: A building sign or graphic printed on or in some fashion attached directly to the awning material. BALLOON SIGN: A sign consisting of a bag made of lightweight material supported by helium, hot or pressurized air which is greater than twenty-four (24) inches in diameter. BANNER: A sign constructed of cloth, paper, plastic or other material upon which copy is written and supported either between poles or fastened to buildings or other structures. BENCH SIGN: A sign located on any part of the surface of a bench or a similar type of outdoor furniture or seating, placed usually on or adjacent to a public right-of-way. BILLBOARD: A large outdoor structure mounted on one or more legs and designed to display posters, composite graphics and electronic (Dynamic Displays) advertisements not necessarily related to the premises on which it is located or to which it is affixed. BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy. BUILDING SIGN: Any sign attached or supported by any structure used or intended for supporting or sheltering any use or occupancy. BUSINESS DISTRICT: Any district zoned for business use. CABINET SIGN: Any wall sign that is not of channel or individually mounted letter construction. CANOPY. A roof -like cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway. CANOPY SIGN: Any sign that is a part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs. CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be manually changed or rearranged without altering the face or the surface of the sign. CHANGEABLE COPY SIGN, ELECTRONIC: A sign or portion thereof that displays non - pictorial text information in which each letter, number, graphic or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. COMMERCIAL SPEECH: Speech advertising a business, profession, commodity, service or entertainment. DIRECTIONAL SIGN: A sign which contains no advertising and is intended to facilitate the safe movement of pedestrians and vehicles into, out of and around the site on which the sign is located. DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising or other commercial or non-commercial message. 3 DISSOLVE: A mode of message transition on an electronic message display sign accomplished by varying the light intensity or pattern, normally through the use of light pixels, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the next message. DWELLING UNIT: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. ELECTRONIC MESSAGE DISPLAY (EMD): A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means. This includes LED signs. ELEVATION: The view of the side, front or rear of a given structure(s). ELEVATION AREA: The area of all walls that face any lot line. ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, engraving or any other way of bringing into being or establishing. EVENT SIGN: An informational sign that announces or advertises an organized happening, occasion or other function occurring in the City. EXTERIOR SIGN: A sign on or for the outside of a building, structure or outdoor display area outside a building or structure. FADE: A mode of message transition on an Electronic Message Display sign accomplished by varying the light intensity where the first message gradually reduces intensity to the point of not being legible. As soon as the first message has completely disappeared, the next message gradually increases intensity to the point of legibility. FLAG: Any fabric or similar lightweight material attached at one end of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices or text other than that associated with a commercial business or economic interest or activity. FLASHING SIGN: A directly or indirectly illuminated sign, which exhibits changing light or color effect by any means, so as to provide intermittent illumination, which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting, which resembles zooming, twinkling, or sparking. FREESTANDING SIGN: Any sign, which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure. FRONT FOOT: The measurement of the frontage of a lot abutting a public street. In cases where a lot abuts two (2) public streets, only one side of the lot will be used in determining the front footage of a lot. The side of the lot used in determining the front footage shall be the side parallel to the primary entrance to the property. FRONTAGE: The line of contact of a property with the public right-of-way. 4 GRADE: Grade shall be construed to be the final ground elevation after construction. Earth mounding criteria for landscaping, berming and/or screening is not part of the final grade for sign height computation. GROUND SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight (8) feet. HEIGHT OF SIGN: The height of the sign shall be computed as the vertical distance measured from the base of the sign at normal grade to the top of the highest attached component of the sign. HOLIDAY SIGN: A sign or display which contains or depicts related messages pertaining to a national, state or religious holiday and no other matter. HOTEL, MOTEL, MOTOR HOTEL: Any building or combination of buildings containing six or more rooms used for sleeping purposes by guests on a transient basis. ILLUMINATED SIGN: Any sign which contains an element designed to emanate artificial light internally or externally. INDUSTRIAL DISTRICT: Any district zoned for industrial use. INTERIOR SIGN: A sign which is located within the interior of any building, or within an enclosed lobby or court of any building, and a sign for and located within the inner or outer body, court or entrance of any theater. KIOSK: For purposes of this ordinance, a kiosk is considered a frame used to post advertisements, announce events or to dispense information in the form of maps, pamphlets and other literature. ISSUING AUTHORITY: The City of Little Falls. LEGALLY ESTABLISHED NON -CONFORMING SIGN: Any sign and its support structure lawfully erected prior to the effective date of this ordinance which fails to conform to the requirements of this ordinance. A sign which was erected in accordance with a variance granted prior to the adoption of this ordinance and which does not comply with this ordinance shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign. LIGHT EMITTING DIODE (LED): A sign or portion thereof that electronically displays static images, static graphics, or static pictures, with or without text information. It has a display area where the message change sequence is accomplished electronically. Signs must include computer programmable, microprocessor controlled electronic or digital displays. MARQUEE: Any permanent roof -like structure projecting beyond a theatre building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather. MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner, on a marquee. MENU/ORDER BOARD SIGN: A sign installed in a drive-through facility and intended for drive-through customers advertising the products available at the facility. MONUMENT SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight (8) feet, subject to height limitations of the zoning district in which it is located. MULTIPLE TENANT SITE: Any site which has more than one (x) tenant, and each tenant has a separate ground level exterior public entrance. MURAL: A design, image, or expression painted or applied on the exterior of a building wall(s) or other permanent structure, generally for the purpose of decoration or artistic expression, including, but not limited to paintings, markings, and etchings and does not include any on or off-site advertisement. NAMEPLATE SIGN: A wall sign which states only the name or address or both of the business or occupant of the lot where such sign is placed. Letters and/or numbers must be at least 4 inches in height and the maximum sign area shall not exceed four (4) square feet. NEWSPAPER RECEPTACLES AND MAILBOXES: Specially constructed devices intended for use solely for the receipt of mail or newspapers. NON-COMMERCIAL SPEECH: Dissemination of message not classified as Commercial Speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics. NON-CONFORMING SIGN: A sign which is lawfully existing on the effective date of this sign ordinance, but does not conform to this ordinance. OFF-PREMISES SIGN: A sign which directs the attention of the public to a business, activity, or product sold or offered at a location not on the same premises where such business sign is located. For purposes of this ordinance, easements and other appurtenances shall be considered to be outside such platted parcel of land and any sign located or proposed to be located in an easement or other appurtenance shall be considered an off-premises sign. Real estate and construction signs shall not constitute an off-premises sign provided the sign is located on the property being sold or construction occurring. ON-PREMISES MESSAGE: Identifies or advertises an establishment, person, activity, goods, products or services located on the premises where the sign is installed. PARAPET (WALL): That portion of a building wall that rises above the roof level. PENNANTS: Pieces of cloth, paper, plastic or similar material intended to be individually supported or attached to each other by means of rope, string or other material, and intended to be hung on buildings or other structures or between poles, and does not include any written or graphical, or other form of copy. POLE SIGN: (See Pylon Sign.) PORTABLE SIGN: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. A sign mounted on a vehicle identifying a business when the vehicle is being used in the normal day-to- day operation of that business is not subject to the regulations set forth in this chapter. PORTE COCHERE: A roofed structure or roof -like cover, extending from the entrance of a building and which provides shelter over a doorway, PRINCIPAL BUILDING: The building in which the principal primary use of the property, which may contain one or more lots is conducted. Buildings with multiple principal uses shall not constitute multiple principal buildings (i.e. three separate uses in a building is equal to one building). Storage buildings, garages, and other clearly accessory buildings shall not be considered principal buildings. PRINCIPAL ENTRANCE: The main doorways, lobby, or access leading or entering into a building or structure. PROJECTING SIGN: Any sign which is affixed to a building or wall in such a manner that its leading edge extends more than four (4) feet beyond the surface of such building or wall face. PUBLIC NOTICES: Official notices posted by public officers, employees or their agents in the performance of their duties, or as directed by such officers, employees or agents. PUBLIC ROADWAY RIGHT-OF-WAY: The right-of-way for a public roadway. PYLON SIGN: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open. RESIDENTIAL DISTRICT: Any district zoned for residential uses. RESIDENTIAL PROPERTY: A piece of land or real estate, consisting of one or more lots or parcels, where a residential dwelling and its associated accessory buildings or structures are located. ROOF: The exterior surface and its supporting structure on the top of a building or structure make-up of which conforms to the roof structures, roof construction and roof covering sections of the State adopted building code. ROOF LINE: The upper -most edge of the roof or in the case of an extended fagade or parapet, the upper -most height of said facade. ROOF SIGN: Any sign erected and constructed wholly on and above the roof or parapet of a building or structure, supported by the roof structure, and extending vertically above the highest portion of the roof. ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, so that no part of the sign extends vertically above the highest portion of the roof and so that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. ROTATING SIGN: A sign or portion of a sign which turns about on an axis. 7 SANDWICH BOARD: (See A Frame) SCROLL: A mode of message transition on an electronic message display sign where the message appears to move vertically across the display surface. SETBACK, FRONT: The minimum horizontal distance permitted between the public right- of-way and a structure on the premises. In instances in which a property fronts on more than one (i) street, front setbacks are required on all street frontages. SETBACK, REAR, the minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises. SETBACK, SIDE: The minimum horizontal distance permitted between the side lot line and a structure on the premises. SHIMMERING SIGNS: A sign which reflects an oscillating sometimes -distorted visual image. SIGN: Any letter, word or symbol, poster, picture, reading matter or representation in the nature of advertisement, announcement, message or visual communication, other than a flag as defined in this ordinance whether painted, posted, printed, affixed, engraved or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes. SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited. SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign. SITE: A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit. SPRINGBOARD: See A -frame. STATIC MESSAGE: A message on an electronic message display sign that has no motion, other than scrolling, traveling, fading, or dissolving and is continuously lit. Every letter of the message is on the same line and no individual word or letter shall move in any direction other than scrolling, traveling, fading, or dissolving. STRINGER: A line of string, rope, cording, or an equivalent to which is attached a number of pennants. SUSPENDED SIGN: Any building sign that is suspended from the underside of a horizontal plane surface and is connected to this surface. TOTAL SITE SIGNAGE: The maximum permitted combined area of all freestanding and wall identification signs allowed on a specific property. TRANSITION: Changing from one message to another on an electronic message display sign. TRAVEL: A mode of message transition on an electronic display sign where the message appears to move vertically across the display surface. VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid. WALL: Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty (6o) degrees or greater with the horizontal plane. WALL SIGN: Any building sign attached parallel to, but within two (2) feet of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. WINDOW SIGN: Any building sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. UNDER CANOPY SIGN: Any sign hanging below a building canopy, awning, or building overhangs. II. ADMINISTRATION. A. PERMIT APPLICATION: No sign, except as otherwise specified herein, shall be erected, altered, reconstructed, maintained or moved in the City without first securing a permit from the City. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Applications for a permit shall be in writing addressed to the issuing authority and shall contain the following information: i. Name and address of the owners of the display structure and property; 2. The address at which any sign(s) are to be erected; 3. The lot, block and addition at which the sign(s) are to be erected and the street on which they are to front; 4. A complete set of plans showing the necessary elevations, distances, size and details to fully and clearly represent the construction and place of the sign(s); 5. The cost of the sign(s); 6. Type of sign(s), (i.e. wall sign, monument sign, etc.); 7. Certification by applicant indicating the application complies with all requirements of this chapter; 8. If the proposed sign(s) is along a state trunk highway or interstate highway, the application shall be accompanied by proof that the applicant has obtained a permit from the State for the sign(s); and 0 9. Name, address and telephone number of the person constructing or erecting the sign(s). The issuing authority shall approve or deny the sign permit in an expedited manner no more than thirty (30) days from the receipt of the completed application, including applicable fees. All permits not approved or denied within 3o days shall be deemed approved. If the permit is denied, the issuing authority shall prepare a written notice of such within ten (10) days of its decision, describing the applicant's appeal rights under Section X, Subsection B of this ordinance, and send it by certified mail, return receipt requested, to the applicant. B. PERMIT EXEMPTIONS. The following signs shall not require a permit under this ordinance. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this ordinance or any other law or ordinance regulating the same. Signs including electronic message devices within the interior of buildings are not subject to the regulations set forth in this ordinance. 1. Up to two (2) signs on a residential zoned or used property whose total accumulative area is eight (8) square feet or less in size and a maximum height of four (4) feet. 2. Newspaper receptacles and mailboxes. 3. Traffic, directional, parking and snow removal signs erected by governmental authority. 4. The changing of the display surface on a sign for which a permit has been issued. This exemption, however, shall apply only to poster replacement and/or on-site changes not involving sign painting or printing directly on a building. g. Flags and emblems of a political, civic, religious, or other non-commercial nature. The number shall follow the sign regulations of the zoning district in which the flag(s) is located and displayed. Flags that do not meet these requirements shall be considered banners and be regulated as such. 6. Construction and Real Estate, Signs. These signs shall follow the sign regulations of the zoning district in which they are located. 7. Nameplate signs. 8. Window signs. 9. Signs which are affixed on City owned property which contain information advertising the City itself, City events or City owned flags and have been approved by the City Council. A City event sign shall not exceed thirty-two (32) square feet, and shall be removed within five (5) days after the date of such event. 10. Murals which have been approved by the City Council and not visible within 150 feet of property zoned for residential use, and maintained by the property owner or his/her designee. ii. Holiday displays lights and decorations that may contain a related non-commercial holiday message. 10 C. FEES. Sign permit fees shall be established by Resolution of the City Council. D. REPAIRS: Any sign located in the City which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this ordinance, shall be removed or otherwise properly secured in accordance with the terms of this ordinance by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this ordinance and upon a permit issued by the issuing authority. E. REMOVAL: Signs which may be or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon reasonable notice by the City. The owner, lessee or manager of any sign that contacts the ground and the owner of the land on which the same is located shall keep grass, weeds and other growth cut and shall remove all debris and rubbish from the area beneath the sign. If the owner, lessee or of the property fails to act in accordance with this paragraph, the City may seek injunctive relief through a motion for summary enforcement, or obtain an administrative search and seizure warrant for removal of the sign in question. All costs incurred for removal may be charged to the owner of the sign and/or property owner and if unpaid, certified to the Morrison County Auditor as a lien against the property on which the signs was located. III. VIOLATIONS: A. VIOLATIONS: (See section 5.99). Each day that the violation continues shall constitute a separate offense. IV. GENERAL PROVISIONS A. SIZE. No sign shall exceed 300 square feet in area. A -Frame signs shall not exceed four (4) feet in height and two (2) feet in width. All signs on the property shall be included in the square footage measurement with the exception of A -Frame signs. There shall be no more than one (i) A -Frame sign allowed per principal building. B. REGULATIONS. i. General. Except as hereinafter provided, no signs shall be erected or maintained at any angle to a building or structure which sign extends or projects over the street or highway. No sign shall be erected or maintained at any angle to a building or structure which sign extends or projects over the alleyway more than four (4) feet and shall be a minimum of seventeen (17) feet above the ground. No sign shall be erected or maintained at any angle to a building or structure which sign shall extend or project more than four (4) feet over the sidewalk and shall be a minimum of ten (to) feet from the ground. 2. Exceptions. The provisions of this subsection do not prohibit: a. The erection and maintenance of signs, either illuminated or non- , illuminated, which are on the sides of a marquee which are firmly attached to and a part of a theatre or other building, providing such signs are an integral part of the marquee and do not project above or below the marquee; or 11 b. The erection and maintenance of signs, not illuminated, which are attached to the marquee and which do not project more than sixteen (16) inches above the marquee. c. Traffic, directional, parking and snow removal signs erected by governmental authority. C. BELOW MARQUEE. No sign, either illuminated or non -illuminated, may project below a marquee. D. ELECTRICAL SIGNS. Electrical signs must be installed in accordance with the current electrical code and all necessary electrical and building permits must be obtained prior to placement. E. UNAUTHORIZED SIGNS. The following signs are unauthorized signs: All off -premises signs, except real estate and construction signs provided they meet the sign regulations of the zoning district in which the sign is located. 2. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic -control device, roadway, intersection or any railroad sign or signal. 3. Bench signs, except as provided by Section 5.33 of City Code. 4. Billboard signs, except as provided in this ordinance. 5. Kiosks, except as provided in this ordinance. 6. Roof signs. 7. Signs painted, attached, engraved, etched or in any other manner affixed to trees, rocks, or similar natural surfaces, or attached to public utility poles, bridges, towers, streetlights, or similar public structures except as otherwise provided herein. 8. Signs advertising or promoting the sale or usage of tobacco or tobacco related products, as defined in Section 6.o1 of this City Code. Signs bearing the name of any tobacco or tobacco related products or any trademark or brand name of such product. F. SETBACKS. Signs shall conform to building yard regulations for the zoning district in which the signs are located, except as otherwise specified in this section. G. AREA. The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding twelve [12] inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a 12 Residential B-1 B-2 B-3 Industrial Front Yard lot line 5 P10' o' 10, 10' Side Yard lot line 5 3 10' o' 10, 10' Rear Yard lot line 5 ' 10' o' 10' 10' Rear yard lot line abutting R district 1 n a 110, 10' 10' 20' G. AREA. The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding twelve [12] inches shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a 12 frame, the dimensions for calculating the square footage shall be the area extending six [6] inches beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof. Each surface utilized to display a message or to attract attention shall be measured as a separate sign and shall be calculated in the overall square footage. Symbols, pictures, wording, figures or other forms of graphics painted on or attached to walls, awnings, free-standing structures, or suspended by balloons are considered a sign and are included in calculating the overall square footage. H. CANOPIES, MARQUEES AND FIXED AWNINGS. Canopies, marquees and fixed awnings are an integral part of the structure to which they are attached. They are allowed in the Business and Industrial Districts if they meet the following requirements and the applicable square footage requirements. 1. An awning, canopy or marquee may not project into the public right-of-way nearer than thirty [30] inches to the roadway curb or curb line; 2. Awnings, may have no part of the structure other than supports nearer the ground surface than seven [7] feet; 3. The architectural style of the awning, canopy or marquee may be consistent with the building being served; 4. Awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; and S. Awnings, canopies or marquees built over the public right-of-way must be included in a liability insurance policy holding the City free of all responsibility. I. ILLUMINATION. External illumination for signs shall be constructed and maintained so that the source of light is not visible from the public right-of-way or residential property. J. RETROACTIVE AFFECT. This sign ordinance shall apply to all sign applications applied for and/or pending prior to its enactment. K. NON-COMMERCIAL SPEECH. Notwithstanding any other provisions of this ordinance, the non-commercial speech exemption provided by Minnesota Statute §211B.045 is hereby incorporated by reference, which shall also include the period of time thirteen 1131 weeks prior to any special election until ten [io] days following the special election. V. SPECIFIC REGULATIONS BY ZONING DISTRICT A. SIGNS ALLOWED BY PERMIT. 1. RESIDENTIAL DISTRICTS: Within residential zoning districts, where there is multi -family housing of three -units or more, signs are allowed by permit as follows (residential property located in a Flood Fringe District (FF) shall follow the sign regulations for its underlying zoning district classification): Residential Zoning Maximum Sign Area Maximum Total Area Max Districts of Single Sign Number Of All Signs Ht of Signs 13 R-3, R -3.M (580' frontage) 8 square feet 2 8 square feet 4' R-3, R -3.M (>8o'—t5o' 16 square feet 2 16 square feet 4' frontage) R-3, R -3.M > iso' frontage 32 square feet 3 32 square feet 4' The following types of signs are not permitted in residential zoning districts: a. A -Frame signs; b. Awning signs; c. Backlit awning signs; d. Balloon signs; e. Canopy signs; f. Electronic Message Display signs; g. Flashing signs; I Illuminated signs; i. Marquee signs; j. Murals; k. Portable signs; 1. Shimmering signs. 2. PERMITTED NON-RESIDENTIAL USES IN RESIDENTIAL DISTRICTS: Non - Residential uses in Residential Districts allowed by conditional use permit may be approved for a ground or monument sign on the premises in certain residential -zoned districts. Such signage is allowed as follows: Non Residential Uses in Maximum Sign Area of Max. Display Source Residential Zoning Districts Single Sign Height of All Signs R -i, R-i.C, R -1.M (—< i5o' frontage) 32 square feet/surface 8' Multiple signs not permitted R-2, R -2M (5 x.50' frontage) 32 square feet/surface 8' Multiple signs not permitted R-3, R 3.M (5 t50' frontage) 40 square feet per surface 8' Multiple signs not permitted R -i, R -1.c, R-i.M (>150'— 300' frontage) 32 square feet per surface 8' 4o square feet R-2, R -2M (> 150' — 300' frontage) 32 square feet per surface 8' 40 square feet R-3, R -3.M (> iso' — 300' frontage) 40 square feet per surface 10' 40 square feet R-1, R -1.c, R-i.M (> 300' frontage) 40 square feet per surface 8' 40 square feet R-2, R -2M (> 300' frontage) 40 square feet per surface 8' 40 square feet R-3, R -3.M (> 300' frontage) 48 square feet per surface 15' 48 square feet 3. BUSINESS DISTRICTS: Within business zoning districts, signs are allowed by permit as follows (non-residential property located in a Flood Fringe District (FF) shall follow the sign regulations for its underlying zoning district classification): Maximum Sign Area of Maximum Total Area Business Zoning Districts Single Sign Sign Hgt Of All Signs Limited Business District B -i ioo square feet per surface 15' i square foot per front foot of property abutting a public 14 General Business District B-2 loo square feet per surface Non -Central Business 300 square feet per surface District B-3 right-of-way 5o feet or more in width 20' 2 square feet per front foot of lot (narrowest footage on a corner lot) abutting a public right-of-way 5o feet or more in width 30 3 square feet per front foot of lot (narrowest footage on a comer lot) abutting a public right-of-way 5o feet or more in width not to exceed 1,200 square feet The following types of signs are not permitted in B-1 Business zoning districts: a. A -Frame signs; b. Awning signs; C. Backlit awning signs; d. Balloon signs; e. Canopy signs; f. Electronic Message Display signs; g. Flashing signs; h. Illuminated signs; L Marquee signs; j. Portable signs; k. Shimmering signs. The following types of signs are not permitted in B-2 zoning districts: a. Electronic signs 4. INDUSTRIAL DISTRICT: Within industrial zoning districts, signs are allowed by permit as follows (non-residential property located in a Flood Fringe District (FF) shall follow the sign regulations for its underlying zoning district classification): Industrial Zoning Districts I-1 Industrial Heavy I-2 Maximum Sign Area of Single Sian 300 square feet per surface 300 square feet per surface 15 Maximum Sign Total Area Height Of All Signs (Ac 30' 4 square feet per front foot of building plus.1 square foot per front foot of property not occupied by the building 30 4 square feet per front foot of building plus'l square foot per front foot of property not occupied by the building VI. BILLBOARDS: A. Billboards shall not be permitted in any zoning district within the city, except as specifically allowed within this subsection. i. Billboards may be permitted along private roads within the Morrison County Fairground's property located at 15375 Hawthorn Road: however, no such off -premises sign will exceed thirty two 1321 square feet in display surface, and no such off -premises sign may be located on the westerly one thousand [1,000l feet of said property. VII. KIOSKS A. The City may erect Kiosks as permitted by the City Council on public property for public information purposes. VIII. NONCONFORMING USES A. NONCONFORMING SIGNS, COMPLIANCE. It is recognized that signs exist within the zoning districts which were lawful before this ordinance was enacted, which would be prohibited, regulated or restricted under the terms of this ordinance or future amendments. It is the intent of this ordinance that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this ordinance to permit legal nonconforming signs existing on the effective date of this ordinance, or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions: 1. No sign shall be enlarged or altered' in a way which increases its nonconformity 2. Should such sign or sign structure be destroyed by any means to an extent greater than fifty 1501 percent of its replacement cost and no building permit has been applied for within 18o days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this ordinance. 3. Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved. 4. No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended or moved except in changing the sign to a sign permitted in the zoning district in which it is located. 5. When a structure loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure. IX. NONCOMMERCIAL SPEECH A. SUBSTITUTION CLAUSE. The owner of any sign which is otherwise allowed by this ordinance may substitute non-commercial copy in lieu of any other commercial or non- commercial copy. This substitution of copy may be made without any additional approval or 16 permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. The provision prevails over any more specific provision to the contrary. X. ENFORCEMENT A. ADMINISTRATION. Provisions of this chapter shall be administered and enforced by the Zoning Administrator or his/her designee, who shall be appointed by the City Council, and may have other municipal duties. His/her duties shall include, but not be limited to: 1. Determine that all sign permits comply with the terms of this ordinance. 2. Conduct site inspections to determine compliance with the terms of this ordinance. 3. Receive, file and forward all applications for appeals, variances, conditional uses, or other matters to the designated official bodies. B. APPEALS. The City Council constitutes the Board of Appeals and shall determine, in harmony with the general purpose of this ordinance and the City's Comprehensive Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Zoning Administrator under this Section, and from any interpretation of the text of this ordinance. At any time within forty-five (45) days after the decision of the Zoning Administrator under the provisions of this ordinance, except in connection with prosecutions for violations thereof, the applicant or other person or officer of the City affected thereby may appeal to the City Council by filing a written notice stating the grounds appealed from and stating the specific grounds upon which the appeal is made. The City Council will act upon the appeal within thirty (3o) days of receipt of said notice. SECTION 2. Little Falls City Code Chapter 5, entitled "Construction Licensing, Permits and Regulations"; Section 5.31, entitled "Sign Regulations, Historic Areas"; is hereby deleted in its entirety. SECTION 3. Little Falls City Code Chapter 5, entitled "Construction Licensing, Permits and Regulations"; Section 5.32, entitled "Sign Regulations, Nonhistoric Areas"; is hereby deleted in its entirety. SECTION 4. Little Falls City Code Chapter 5, entitled "Construction Licensing, Permits and Regulations"; Section 5.33 entitled "Advertising Benches, Nonhistoric Areas"; Subsection F entitled "Advertisement Regulations'; is hereby amended to read: i. No bench shall advertise or promote the sale or usage of any alcohol or alcohol related product or tobacco or tobacco related product. No bench shall bear the name of any alcohol or alcohol related product, or any tobacco or tobacco related product, or any trademark or brand name of such product. 2. The grantee shall have the right to place and maintain on its benches display advertising and material, subject to the limitations of section 5.33 F-1, and shall retain all revenue received therefrom, except as hereinafter provided. SECTION 5. This Ordinance shall be in full force and effect seven days after its adoption and with its publication. 17 Adopted by the City Council of the City of Little Falls, Minnesota, this 2"d day of July, 2012, by the following vote: ing in Favor: Crowder, Gosiak. Doucette, VanRisseghem, Klinker. Boyum, Otremba. and Voting Against: none Don Klinker Council President ATTEST: aDapx) Lori Kaseila Acting City Administrator Catherine L. VanRisseghem Mayor of Said City Approved this 2nd day July, 2012. (SEAT.) Publish: July 8, 2012 a*.] CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (A) Findings, Purpose, and Effect (A) Findings, Purpose, and Effect (1) Findings The City finds: (a) Exterior signs have a substantial impact on the character and quality of the environment. (b) Signs provide an important medium through which individuals may convey a variety of messages. (c) Signs can create traffic hazards and aesthetic concerns, thereby threatening the public health, safety and welfare. (d) The City's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon 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 (a) It is not the purpose or intent of Section 4.5 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. (b) The purpose and intent of Section 4.5 is to: (i) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. (ii) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. (iii) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. City of Monticello Zoning Ordnance Page 239 CHAPTER 4. FINISHING STANDARDS Section 4.S Signs Subsection (C) Permit Not Required (iv) Provide for fair and consistent enforcement of the sign regulations set forth herein 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 this ordinance. The effect of Section 4.5, as more specifically set forth herein, is to: (a) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in Section 4.5. (b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of Section 4.5. (c) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. (d) Provide for the administration and enforcement of the provisions of Section 4.5. (B) Permit Required No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a sign permit from the City: (1) The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. (2) Application for a sign permit shall be in conformance with the requirements of Section 2.4(K), Sign Permits: (C) Permit Not Required The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 4.5(I) and 4.5(J) of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section or any other law or ordinance regulating the same. Section 2WK) Sien Permits Page 240 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (C) Permit Piot Required (1) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting on a surface other than the surface of the building. (2) Permanent signs two (2) square feet or less in size. (3) One (1) sign per property in residential districts not to exceed four (4) square feet. (4) All noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a State general election year, noncommercial signs of any size may be posted in any number forty-six (46) days before the State primary in a State general election year until ten (10) days following the State general election. Election signs posted in connection with elections held at times other than those regulated by Minn. Stat. 21113.035 shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten (10) days after the election. (5) Official and Public signs. (6) One (1) sign shall be allowed per street frontage when a property is offered for sale or lease, provided that: (a) Within residential zoning districts (see table 3-1), no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single-family, two- family, townhouse, and quadraminium units; or thirty two (32) square feet in area or eight (8) feet in height for multi -family or institutional uses. (b) For non-residential zoning districts (see table 3-1), as well as for any parcel larger than ten (10) acres in any zoning district, signs may be up to ninety six (96) square feet in area or twelve (12) feet in height as defined in this ordinance. One (1) additional such sign shall be allowed for any street frontage which exceeds one thousand (1,000) linear feet. For the purposes of this section, frontage on any right of way, including local streets, County or State Highways, or I-94 shall constitute a "frontage", regardless of access. (7) Sandwich board signs are allowed within all business zoning districts (see table 3- 1) provided that: City of Monticello Zoning Ordinance page 241 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (D) Prohibited Signs (a) Not more than one (1) sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two (2) or more tenants each with an exclusive exterior entrance. (b) The sign shall only be displayed when the business is open to the public. (c) Except in the CCD district, the sign shall be placed only on the business property and shall be located within required principal building setbacks, or encroaching into required setback areas a maximum of five (5) feet, and shall not be placed on any vehicle. (d) The signs shall be located so as to maintain a minimum five (5) foot pedestrian walkway and so as not to obstruct vehicular traffic. (e) The sign shall be set back a minimum of two (2) feet from the back of curb of a public street or private drive aisle. (f) The sign shall conform to the following height and area requirements: (i) Height: Five (5) feet. (ii) Area: Six (6) square feet. (g) For sandwich board signs within the CCD district, sandwich board signs may be located in accordance with the provisions of subpart (c) above. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right-of-way upon the issuance of an annual permit in accordance with the provisions and process of Section 2.4(K) of this ordinance. (D) Prohibited Signs The following signs are prohibited: (1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. (2) All off premises signs greater than six (6) square feet in area, except that the City may permit certain temporary signs to display messages for Community Informational Signs not related to the premises on which they are displayed. Page 242 City of Monticello Zoning Ordinance CHAPTER 4. FINISHING STANDARDS Section 4.5 Signs Subsection (E) Nonconforming Signs and Uses (3) Flashing signs. (4) Roof signs. (5) Rotating signs. (6) Shimmering signs. (7) Signs which move or imitate movement, except for dynamic scrolling signs as defined in this ordinance. (8) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. (9) Off Premises Signs: (a) Off premise signs existing as non -conforming structures at the time of adoption of this ordinance greater than six (6) square feet in area shall be considered a principal use of property. (b) Annual permits are required for all off premises signs. Off premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located. (10) Abandoned signs. (E) Nonconforming Signs and Uses (1) Signs: A non -conforming sign lawfully existing upon the effective date of this ordinance as denoted in Section 1.4 shall be regulated in accordance with Chapter 6 of this ordinance. (2) Uses: When the principal use of land is legally non -conforming under Chapter 6 of this ordinance, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. City of Monticello Zoning Ordinance Page 243 CHAPTER 4. FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (3) When a sign is considered to be non -conforming due to size, location, or other factor, but represents a conforming use of land, such sign may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless it is considered to be abandoned as defined by this ordinance. When a non -conforming sign has been damaged to an extent of 50% or more of its market value, such sign shall be considered to be abandoned if no building or sign permit has been applied for within 180 days of the date of damage. (F) Enforcement and Penalties Section 4.5 shall be administered and enforced in accordance with the provisions of Chapter 7 of this ordinance. (G) Substitution The owner of any sign which is otherwise allowed by Section 4.5 of this ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non- commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. (H) General Provisions (1) Accessory Structures Except as provided for by Section 4.5(D)(9), all signs shall be considered accessory structures. (2) Setbacks All freestanding signs shall be set back fifteen (15) feet from any property line abutting a public right-of-way and five (5) feet from any side or rear property line. No sign may be located within a drainage and utility easement. (3) Standards Adopted The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as may be amended, are hereby adopted. Page 244 City of Monticello Zoning Ordinance TOTAL AREA- (A)(H)+�A R) Wall Sigrl Area f i l e lcrtiu r Monument Sign Area Calmlation lorr Sign Area Calculation ul tion CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (4) Electrical Signs The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such signs shall be underground. (5) Approval No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department. (6) Sign Interference No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. (7) Illuminated Signs Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed without shielding of the light source provided that: (a) Unshielded LED light displays may only be located on properties within the FBS, Freeway Bonus Sign District, an overlay zoning district as defined in Section 3.7(G) of the Monticello Zoning Ordinance. (b) Unshielded LED lights are not installed in any area that abuts residentially zoned property. (c) Unshielded LED lights are not installed in such a way as to direct light towards residentially zoned property within 500 feet of the light source. (d) Unshielded LED lights may not exceed a maximum illumination of 5000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness; City of Monticello Zoning Ordinance Page 245 CHAPTER 4. FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (e) Dimmer Control. Unshielded LED lights must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise. (S) Permit Display Signs requiring permits shall display in a conspicuous manner the permit sticker or sticker number. (9) Placement 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. (10) Structure A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding thirty (30) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. (11) Square Footage Calculation (Total Area= A x B): (a) For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon: (b) For monument signs, area shall be calculated as for wall signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign area: (c) For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation. Page 246 City of Monticetto Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (12) Height The top of a wall sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached. (13) Landscaping A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property. (14) Vehicle Fuel Facilities Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non -electronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. (15) Window Signs Window signs are not considered a part of the maximum sign area otherwise allowed under Section 4.5 of this ordinance and do not require a permit. (16) Changeable Copy Signs (a) Changeable copy signs are subject to the following additional regulations: (i) Signs must be permanently anchored to the structure. (ii) Signs must be incorporated within the overall sign structure for both monument and pylon signs and must be consistent in design with the sign structure. (b) Within commercial and industrial districts and for civic and institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and places of public assembly, one (1) changeable copy sign shall be allowed per site provided that the area of the sign not exceed twenty-five (25) percent of the allowable sign area or fifty (50) square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance Section 4.5(1)(2) in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area. City of Monticello Zoning Ordinance Page 247 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (17) Time and Temperature Signs Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. (18) Projecting Signs Projecting signs may be allowed in commercial districts provided that: (a) There is a minimum of eight (8) feet of clearance under the base of the sign to the ground below. (b) The sign does not project more than five (5) feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of-way. (c) The area of the projecting sign is not more than fifty (50) percent of the maximum area allowed for an individual wall sign in the respective zoning district in Section 4.5(J). (19) Dynamic Displays (a) Findings Based on studies related to the use of dynamic sign displays and driver distraction, the City finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the City, whether new or existing, conforming or non -conforming at the time of adoption of this ordinance. (b) Regulations governing Dynamic Sign Displays (i) Dynamic sign displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by subpart (iii) of this subsection below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance, including the definition of "scrolling signs". Page 248 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (1) Temporary Signs (ii) Dynamic sign displays shall not be permitted in any Residential zoning district. (iii) Dynamic sign displays shall be permanent signs. (iv) No dynamic sign display shall change more than one time per three (3) second period; time and temperature displays may change as frequently as once every three (3) seconds. (v) Dynamic sign displays shall be no brighter than other illuminated signs in the same district. (vi) Dynamic sign displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City's regulations. (vii) Applicants for dynamic sign displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the City shall be authorized to arrange disconnection of electrical service to the facility. (viii) No dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. (20) Design and Materials Standards for Signs in Commercial Districts, Industrial Districts, the CCD District, PVDs, and Performance Based Mixed Use Development (a) In General The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the same as, or compatible with, the materials and design of the principal building(s) on the property. (b) Specific Materials for Pylon Signs All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with building architecture. City of Monticello Zoning Ordinance Page 249 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (1) Temporary Signs (I) Temporary Signs (1) For property in a Business District or an Industrial District (see table 3-1), the use of commercial temporary sign devices shall not exceed forty (40) days per calendar year per building. Not more than one (1) temporary sign device per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. (2) In cases where properties forego, in writing, temporary signage allowed by Section 4.5(I)(1) above, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign may be incorporated into a property's freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. (3) Subject to other provisions of Section 4.5(1), one (1) additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to forty (40) days to be utilized within six (6) months of the first day of the business opening to the public. Such signage shall not be limited by the provisions of Sections 4.5(I)(2). (4) Businesses or organizations with their activities located in the CCD, Central Business District, may display temporary, off -premise signs by express permit issued by the City Council or the Council's designee where access to commercial areas requires directional signage from the City's arterial roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances, including permanent signage, other on-site temporary signs, or "sandwich board" signs displayed pursuant to Section 4.5(C)(7). Signs allowed under this section may, at the discretion of the Council, be permitted under the following conditions: (a) Off -premise, temporary signs shall be no more than four (4) square feet in area. (b) Off -premise temporary signs shall be no more than three (3) feet in height. (c) Off -premise temporary signs shall be limited to no more than one (1) sign every seventy-five (75) lineal feet of street frontage, but no more than three (3) signs per parcel. Page 250 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection 6) District Regulations (d) Notwithstanding other regulations to the contrary, such signs may be placed upon the public sidewalk within a City street right of way. Any such sign placed on the public sidewalk shall be located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic. (e) An application for an off -premise, temporary sign shall be accompanied by a written statement of permission from the owner of the private property on which the sign is to located. Such statement shall include an express grant of permission for City inspectors to enter the property for the purpose of inspecting and/or removing said signs. (f) An application for signs subject to the provisions of this section may be made for a single period of display, or in the alternative, the City may grant approval for annual license for the display of such signs in accordance with Section 2.4(K). Separate fees may be established for single -period or annual - period permits. (g) Eligible days for the display of signs subject to this section shall be Thursday, Friday, Saturday, or Sunday only. (5) Any temporary sign permitted under this section shall be required to display messages related only to the activity on the premises on which the temporary sign is located, with the exception that such sign may display messages defined as Community Informational Signs. The display of Community Informational signage shall not add to the number of days of temporary sign display allotted to a particular premises, business, or property by this section, and any such sign shall comply with all other regulations of this Chapter. (J) District Regulations In addition to the signs allowed by Section 4.5(C) and Section 4.5(1), the following signs shall be allowed within the specific zoning districts: (1) Within residential zoning districts (see table 3-1), the following additional regulations apply: (a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below, not more than one (1) sign shall be allowed provided that: (i) The area of the sign shall not exceed four (4) square feet. (ii) Freestanding signs shall be limited to a maximum height of four (4) feet. City of Monticello Zoning Ordinance Page 251 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection Q) District Regulations (b) In addition to the sign allowed by Section 4.5(J)(1)(a) above, one (1) residential area identification sign shall be allowed. Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. (c) Government buildings and structures, public, quasi -public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed two (2) institutional identification signs not exceeding seventy-five (75) square feet in area and eight (8) feet in height. (2) Within business and industrial zoning districts (see table 3-1), the following additional regulations shall apply: (a) Total Area of Signs The total area of all signs (with the exclusion of freestanding signs as may be allowed by this code) displayed on a lot shall not exceed fifteen (15) percent of the total building facade fronting not more than two (2) public streets. (b) Freestanding Signs (1) Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty-two (22) feet. (ii) If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted. (iii) For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs may be constructed or, as an alternative, one (1) pylon and one (1) monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than twenty-five (25) feet in height and three hundred (300) square feet in area. (c) Wall, Canopy, or Marquee Signs (i) Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of Section 4.5(J)(2)(a). The Freeway Bonus Sign Overlay District allows for additional signage in VAL& commercial and industrial areas a" ion 3.7tG)I Page 252 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection 0) District Regulotions (ii) Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use. (d) Directional signage In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage may be allowed on site in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (30) total square feet. (e) Multiple Occupancy Commercial And Industrial Buildings When a single principal building is devoted to two (2) or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Community Development Department based upon the following requirements: (i) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in Section 4.5(J). (ii) Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 4.5(J). (iii) Except as provided by window, changeable copy, or temporary signs in this ordinance, individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall not display separate wall, canopy, or marquee signs unless the tenant's business has an exclusive exterior entrance and subject to the following requirements: 1. Each sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in Section 4.5(J). 2. The sign shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street. 3. A comprehensive sign plan is submitted that includes all of the following information: a. A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan. b. Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs. City of Monticello Zoning Ordinance Wage 253 CHAPTER 4: FINISHING STANDARDS Section 4.7 Transitional Features Subsection (B) Applicability c. To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any). 4. No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Community Development Department that it is consistent with the approved comprehensive sign plan. (3) In a PUD, Planned Unit Development District, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. All utilities within or serving new development [e.g. cable television, electrical (excluding transformers), gas, sewer, telephone, and water lines] shall be placed underground. (A) Purpose and Intent Transitional features are architectural elements or site aspects that must be used to ease the transition between new development and existing structures and community character. It is the intent of these standards to: (1) Blend land use types throughout the City to minimize visual conflicts; (2) Limit the excessive consumption of land though the utilization of large vegetated buffers to separate potentially conflicting use types; and (3) Limit interruptions in vehicular and pedestrian connections created by efforts to segregate uses. Page 254 City of Monticello Zoning Ordinance City of Big Lake Chapter 13 Signs Table of Contents TABLE OF CONTENTS SECTION Page 1300.01: Purpose.............................................................................. 1300-1 1300.02: Findings and Effect................................................................. 1300-2 1300.03: Substitution Clause................................................................. 1300-4 1300.04: Interpretation........................................................................ 1300-4 1300.05: Exempt Signs....................................................................... 1300-4 1300.06: Permitted Signs — No Sign Permit Required .................................... 1300-5 1300.07: Permitted Signs Requiring Sign Permit .......................................... 1300-6 1300.08: Signs Requiring Conditional Use Permit ....................................... 1300-11 1300.09: Conditional Use Permit Process for Signs ...................................... 1300-13 1300.10: Non -Conforming Signs............................................................ 1300-13 1300.11: Prohibited Signs.................................................................... 1300-13 1300.12: Sign Plan Requirements............................................................ 1300-14 1300.13: Sign Permit Requirements...................................................... 1300-15 1300.14: Sign Modifications................................................................ 1300-16 1300.15: Maintenance........................................................................ 1300-17 1300.16: Calculating Advertising Display Area .......................................... 1300-17 1300.17: Permitted Sign Area Business and Industrial Districts ...................... 1300-17 1300.18: Lapse of Sign Permit............................................................ 1300-18 1300.19: Cancellation........................................................................ 1300-19 1300.20: Revocation...........................:............................................. 1300-19 1300.21: Appeals............................................................................. 1300-19 1300.22: Sign Variance Procedure......................................................... 1300-19 1300.23: Violations.......................................................................... 1300-20 1300.24: Enforcement and Remedies....................................................... 1300-20 1300.25: Fees.................................................................................. 1300-21 1300.26: Fines................................................................................. 1300-21 1300.27: Removal of Signs................................................................... 1300-21 1300.28: Severance Clause................................................................... 1300-22 1300.29: Definitions........................................................................... 1300-22 1300-i City of Big Lake SECTION 1300 — SIGNS SECTION 1300.01: Purpose 1300.02: Findings and Effect 1300.03: Substitution Clause 1300.04: Interpretation 1300.05: Exempt Signs 1300.06: Permitted Signs — No Sign Permit Required 1300.07: Permitted Signs Requiring Sign -Permit 1300.08: Signs Requiring Conditional Use Permit 1300.09: Conditional Use Permit Process for Signs 1300.10: Non -Conforming Signs 1300.11: Prohibited Signs 1300.12: Sign Plan Requirements 1300.13: Sign Permit Requirements 1300.14: Sign Modifications 1300.15: Maintenance 1300.16: Calculating Advertising Display Area 1300.17: Permitted Sign Area Business and Industrial Districts 1300.18: Lapse of Sign Permit 1300.19: Cancellation 1300.20: Revocation 1300.21: Appeals 1300.22: Sign Variance Procedure 1300.23: Violations 1300.24: Enforcement and Remedies 1300.25: Fees 1300.26: Fines 1300.27: Removal of Signs 1300.28: Severance Clause 1300.29: Definitions Chapter 13 Signs Signs 1300.01: PURPOSE: It is not the purpose or intent of this sign Ordinance to regulate the message displayed on any sign; nor is it the purpose or intent of this article to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose of these sign regulations are to: 1. Encourage the effective use of signs as a means of promotion and communication consistent with constitutional guarantees. 2. Maintain, enhance, and improve the aesthetic environment and the City's ability to attract sources of economic development and growth. 3. Regulate the number, location, size, type, illumination and other physical 1300-2 City of Big Lake Chapter 13 Signs Signs characteristics of signs within the City in order to promote public health, safety, and welfare. 4. To minimize the possible adverse effect of signs on nearby public and private property. To enable the fair and consistent use of authority to enforce these sign restrictions. The provisions of this Ordinance 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 who design and display exterior signs while, at the same time, assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of exterior signs. 1300.02: FINDINGS AND EFFECT: Subd.1. Findings. 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 and aesthetic concerns, thereby threatening the public health, safety, and welfare. 4. The city's zoning regulation include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the heath, 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. Subd. 2. Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of this ordinance. The effect of this Ordinance, as more specifically set forth herein, is to: 1. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this sign ordinance. 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 sign Ordinance. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can 1300-3 City of Big Lake Chapter 13 Signs Signs be accomplished by means having a lesser impact on the environment and the public health, safety, and welfare. 4. Provide for the administration and enforcement of the provisions of this sign Ordinance. 1300.03: SUBSTITUTION CLAUSE: The owner of any sign which is otherwise allowed by this sign ordinance may substitute non-commercial copy in lieu of any other commercial or non- commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision prevails over any more specific provision of the contrary. 1300.04: INTERPRETATION: Words and phrases used in this Ordinance shall have the meanings set forth in Section 1300.26. Words and phrases not defined in this section but defined in the Big Lake Zoning Ordinance shall be given the meanings set forth in the Ordinance. Principles for computing sign area and sign height are contained in Sections 1300.14 and 1300.15. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of the Ordinance. 1300.05: EXEMPT SIGNS: All signs not expressly permitted under this Ordinance are prohibited in the City unless exempt by statute or provisions outlined in this Section. The following signs shall be exempt from regulation under this Ordinance: Subd. 1. Incidental Signs. On private property, such as "stop", "yield", "loading only", "telephone", "parking", and other similar directives, the face of which meet Department of Transportation standards and which contain no commercial message of any sort. Subd. 2. Interior Building Signs. Any sign inside a building in a business or industrial zone, not attached to a window or door that is not legible from a distance of more than three (3) feet beyond the lot line of the lot on which such sign is located. Subd. 3. Interior Neon Signs. Neon signs (less than nine (9) square feet in area), located inside of a building in a business zone. Subd. 4. Off -Premises Announcements. Announcements of public concerts, plays, lectures and club activities and the like placed in the windows of consenting business in a B or I zone. Such announcements shall measure not more than two (2) square feet in size and be removed no later than three (3) days after the event. Subd. 5. Public Signs. Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance; signs of a non-commercial nature and in the public interest, erected by, or on the order of a public officer in the performance of public duty 1300-4 City of Big Lake Chapter 13 Signs Signs such as directional signs, regulatory signs, warning signs, public signs for parks, public buildings and informational signs. Subd. 6. Works of Art. Works of art that do not include a commercial message such as holiday lights and decorations with no commercial message. 1300.06: PERMITTED SIGNS — NO SIGN PERMIT REQUIRED: The signs identified in this Section are permitted subject to sign permit requirements and the regulations set forth in this Ordinance. The following signs are specified as exempt and therefore do not require sign permits. However, their size, area and number are regulated as identified by this Ordinance. Table 1 indicates the type of signs that may be displayed without a sign permit. Brief descriptions of the sign type and display guidelines are discussed following Table 1. TABLE 1 NO SIGN PERMIT REQUIRED Address Signs Public Right -of -Way Signs Building Markers Real Estate Signs Election Signs Residential Nameplate No Trespass Signs Temporary Interior Window Si s Yard Sale Si s Subd. 1. Address Sign. An address sign indicating identification numbers only, in either written or numerical form shall be located on the home or business near the front entrance. An address sign shall not exceed two (2) square feet in area. Address signs shall be exempt from sign permits, and from the total "advertising display area" allowed under Section 1300.14, Subd. 1. In the case where a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of the principal building shall bear a separate number. Numerals indicating the official numbers for each principal building or each front entrance shall be assigned by the Zoning Administrator and shall be posted in a manner as to be visible from the street on which the property is located. Subd. 2. Building Markers. One (1) building marker sign not to exceed four (4) square feet shall be permitted per commercial, industrial, institutional, public or apartment building. Building marker signs may include only the building name, date of construction, historical data and must be cut or etched into masonry, bronze or similar material. Subd. 3. Election Signs. Election signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a State general election year, such signs may not be posted forty-six (46) days before the State Primary which is held the second Tuesday in the month of August, and must be removed by those responsible for the erection of the sign or the property owner within ten (10) days following the State general election which is held the first Tuesday after the first Monday in November. In any year other than a State general election year, such signs may not be posted more than sixty (60) days prior to the election and must be removed by those responsible for the erection of the sign or the property owner within seven (7) days following the election. (Ord. 2010-04, 07/28/10). 1300-5 City of Big Lake Chapter 13 Signs Signs Subd. 4. No Trespass Signs. "No trespass" and "no dumping" signs shall not exceed two (2) square feet in area per side and not to exceed four (4) in number, per lot, in residential, business, and industrial zoning districts. In agricultural districts, such signs shall not be less than three hundred (300) feet apart. "No trespass" and "no dumping" signs do not require sign permits and are permitted as specified in this Ordinance. Subd. 5. Public Right -of -Way Signs. No signs shall be allowed in the public right- of-way, except the following: public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, identify a community festival or event, and direct or regulate pedestrian or vehicular traffic; informational signs of a public utility regarding its poles, lines, pipes, or facilities; emergency signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right- of-way. Signs identified in this paragraph are exempt from sign permits and fees. Subd. 6. Real Estate Signs. For the purpose of selling, renting or leasing property, only one (1) sign may be placed per street frontage and one (1) sign per lake frontage on property to be sold or leased. Such signs shall be set back at least one (1) foot from the property line or right-of- way line, whichever is greater. Placement of real estate signs shall have the expressed consent of the owner or occupant of the property. The size of such sign shall be a maximum of six (6) square feet for residential property and a maximum of thirty-two (32) square feet for all other properties. Such signs shall be removed within seven (7) days following the leasing or closing of the sale. Vacancy signs shall be no larger than four (4) square feet. Real estate signs are exempt from sign permits and are permitted as specified in this Ordinance. Subd. 7. Residential Nameplate Signs. One (1) nameplate sign, up to two (2) square feet in area per surface with a maximum of two (2) surfaces shall be permitted for single family dwellings located in residential districts. Nameplate signs are exempt from sign permits and are permitted as regulated by this Ordinance. Subd. 8. Temporary Interior Window Signs. Temporary interior window signs for a business in a business or industrial zone.which are part of a display of merchandise or display relating to sales on the premises is permitted, provided such sign is not to be displayed for a period exceeding thirty (30) consecutive days. Such sign shall not occupy more than seventy-five (75) percent of each individual window area facing the street. Temporary interior window signs are exempt from sign permits and are permitted as specified in this Ordinance. Subd. 9. Yard Sale Signs. Signs advertising yard sales shall be limited to two (2) square feet and may be displayed seven (7) days prior to the sale and must be removed immediately after the end of the yard sale. The number of yard sales may not exceed three (3) per calendar year, the duration of the sale may not exceed three (3) consecutive days; any related signage shall conform to the provisions of this Ordinance; and the conduct of the sale shall not encroach upon the peace, health, safety, or welfare of the citizens of Big Lake. 1300.07: PERMITTED SIGNS REQUIRING SIGN PERMIT: The signs identified in this section are permitted provided a sign permit is obtained from the City of Big Lake. Wall, 1300-6 City of Big Lake Chapter 13 Signs Signs freestanding and temporary signs that identify or advertise a business, person, activity, goods, products or services located "on premise" are permitted if installed and maintained as regulated herein. Table 2 lists the type of signs that are permitted within an approved sign permit. Each type of sign listed in Table 2 and its display criteria are discussed in the paragraphs that follows. Specific definitions of signs are located in Section 1300.26. TABLE 2 SIGNS THAT REQDIRE A SIGN PERMIT -Awning Signs Legal Non -Conforming Business Signs Balloon Signs Marque Signs Banner Signs (Temporary and Annual Multiple Residential Nameplate Signs Beacons On -Premises Directional Signs Business Signs Permanent Window Signs -Changeable Copy Signs Portable Signs Construction Signs Public Service Signs Changeable Copy Signs Electronic (under 10 sq. ft. Streamers, Pennants General Nameplate Signs Street Banner Signs Illuminated Signs Subdivision Identification Signs Institutional Signs Temporary igns Subd. 1. Awning Signs. In a business or industrial zone, signs consisting of letters and/or an identification emblem, insignia, initial, or other similar design may be painted or imprinted on the awning provided the total sign area not exceed thirty (30) percent of the awning surface. Awning signs shall be considered as part of the total wall sign square footage allotted to the building. Subd. 2. Balloon Signs (Other Than Tethered Balloon Signs). One (1) temporary balloon sign per premises not exceeding twenty (20) feet in height may be erected for a period of not more than fourteen (14) consecutive days in a business or industrial zone. In no case shall more than three (3) permits per property be granted during any calendar year. Such signs shall be set back no less than ten (10) feet from the property line or right-of-way line, whichever is greater, nor be placed in a location that obstructs the view of motorists. In no case shall balloon signs take up required off- street parking spaces. Subd. 3. Banner Signs. 1. Temporary Banner Signs. In a business or industrial zone, there shall be no more than three (3) temporary banner signs on any lot. The total area of each banner sign shall not exceed thirty-two (32) square feet. Such signs shall be displayed no longer than twenty-one (21) consecutive days per calendar month. In no case shall banner signs take up required off- street parking spaces. 2. Annual Banner Signs. Businesses that choose to display banner signs for more time than allowed in paragraph 1 above, shall be required to obtain an Annual Banner Sign Permit. The annual permit shall be valid at the time of purchase and thereafter for a maximum of three hundred sixty five (365) days, subject to a fee and escrow as set by the City Council. 1300-7 City of Big Lake Chapter 13 Signs Signs Display of Annual Banner Signs shall be subject to the following conditions. a. Maximum size is thirty-two (32) square feet in size. b. All banners must be kept in good readable condition and changed each month. Banner Signs other than those mounted flush against a building fagade shall not be permitted. d. In the case of a business requiring a license from the City of Big Lake, the Annual Banner Sign permit shall be filed with the license and may not be purchased separately. (Ord. 2004-03, 2/25/04). Subd. 4. Beacons. In a business zone, the use of revolving beacons, beamed lights or similar devices is permitted provided there shall be no more than one (1) beacon on any lot. Said beacons shall be displayed no longer than for three (3) consecutive days per calendar year. In no case shall beacons take up required off-street parking spaces. Subd. 5. Business Signs. Ina business or industrial zone, a wall, ground monument or freestanding sign that identifies or advertises a business, person, activity, goods, products, or services located "on premises" is permitted as provided by the sign size, area and location requirements identified herein. Business signs for multiple tenant buildings shall be designed and coordinated to result in uniformity of signage style and color for the entire building/complex. Subd. 6. Changeable Copy Signs. In a business or industrial zone, a sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign is permitted subject to the size and area requirements identified herein. This sign classification applies to permanent wall or freestanding signs and does not include portable reader board type signs. Changeable copy signs shall be considered as part of the total wall or freestanding sign area allotted to the parcel. Subd. 7. Construction Signs. For the purpose of selling or promoting a development project or subdivision less than thirty (30) acres, three (3) signs not to exceed one hundred (100) aggregate square feet of advertising surface maybe erected on the project site. For projects of thirty (30) acres or greater, five (5) signs not to exceed two hundred (200) aggregate square feet of advertising surface may be erected. Such sign shall be removed upon development of ninety (90) percent of the project. Subd. 8. Changeable Copy Signs; Electronic (Under 10 Square Feet). In a B-2 or B-3 business district, one (1) electronic message sign ten (10) square feet or smaller may be permitted on a lot. An electronic message is a sign that is intended to show messages and graphics that are changed by electrical pulsations. This type of sign shall only be permitted in B-2 and B-3 business zoning districts or for public buildings. The applicant for such a sign shall demonstrate that the light intensity and frequency shall not be disruptive to traffic, pedestrians or other land uses on adjacent lots. 1300-8 City of Big Lake Chapter 13 Signs Signs Subd. 9. General Nameplate Signs. One (1) nameplate sign may be allowed for each permitted use or conditional use other than residential in residential and agricultural zoning districts. Such sign shall not exceed twelve (12) square feet in area per surface. Any nameplate sign over one (1) foot square shall be set back at least ten (10) feet from any property line or right-of-way line, whichever is greater. No sign shall exceed five (5) feet in height above the natural grade. Subd. 10. Illuminated Signs. Illuminated signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. Illuminated signs are permitted in the business and industrial zones with an approved sign permit. 2. Illuminated signs may be permitted in residential zoning districts for public, institutional and apartment buildings provided a conditional use permit is granted pursuant to City Code Section 1050 (Conditional Use Permits). Subd. 11. Institutional Signs. On -premise, freestanding or wall signs, which identify the name and other characteristics of a public or semi-public institutional, shall be permitted in any zoning district provided that the total sign area does not exceed seventy-five (75) square feet. Such signs may be no higher than six (6) feet above the grade of the adjacent street centerline. Subd. 12. Legal Non -Conforming Businesses. A legal non -conforming business located within a building may display one (1) on -premise wall sign not to exceed twenty-four (24) square feet in area. Subd. 13. Marquee Signs. In a business zone, signs may be placed on the roof of a covered walk or marquee in a building complex on the vertical face of a marquee and may project from the lower edge of the marquee not more than twenty-four (24) inches, but the bottom of a sign placed on a marquee shall be no less than eight (8) feet above the sidewalk or above the centerline grade of the adjacent street, whichever is higher, at any point. No part of the sign shall extend above the top of the roofline for a covered walk or above the top of the vertical face of the marquee, whichever is more restrictive. Signs shall not be permitted anywhere on a marquee which projects over any public right-of-way, with the exception of B-2 Zoning Districts. Subd. 14. Multiple Residential Nameplate Signs. In R-3 Zoning Districts, one (1) nameplate sign for each dwelling group of six (6) or more units is permitted. Such nameplate sign shall not exceed six (6) square feet in area per surface and no sign shall have more than two (2) surfaces. Subd. 15. On -Premises Directional Signs. Where one-way access and egress drives are approved, a sign indicating traffic direction no more than six (6) square feet may be placed at a driveway within five (5) feet of the street right-of-way. Such signs shall be no higher than four (4) feet above the centerline of the adjacent right-of-way. A directional sign indicating the entrance to a two-way driveway may be approved or required where the Zoning Administrator or designee deems it is necessary to safely direct drivers. 1300-9 City of Big Lake Chapter 13 Signs Signs Subd. 16. Permanent Window Signs. One (1) permanent window sign is permitted per windowpane that does not exceed twenty-five (25) percent of the total window area. The sign area of permanent window signs shall be calculated as part of the maximum total permitted wall sign area for the building in a business or industrial zone. Subd. 17. Portable Signs. A temporary, portable sign may be used for a period not to exceed sixty (60) days per calendar year, per parcel of record and are only permitted in business and industrial zoning districts. The maximum size of such sign shall be thirty-two (32) square feet and a maximum height of six (6) feet. The required setback is ten (10) feet from the property or street right-of-way line, whichever is greater. Portable signs shall not be displayed offthe premises ofthe business that the sign is intended to advertise, with the exception of public and charitable functions as approved by the City by an administrative sign permit. Portable advertising signs that are attached to or painted on vehicles parked and visible from the public right-of-way are prohibited within the City unless said vehicle is used in the normal day-to-day operations of the business. In no case shall a portable sign take up required off-street parking spaces. (Ord. 2003-03, 3/12/03). Subd. 18. Public Service Signs. In business zoning districts, public service signs, displaying the temperature, time, date or other non-commercial messages are permitted provided the sign area of said signs shall be calculated as part of the maximum total permitted wall or free- standing sign area for the building. Subd. 19. Sandwich Board Signs. A Temporary or Annual Sign Permit is required before display. Fees and escrows are set by City Council. Signs are allowed on business properties zoned B-2 and B-3 only. One (1) sign shall be placed on the business property in which it advertises or on private sidewalks directly abutting the business property. A sandwich board sign may be used only during business hours and must be removed daily. The sign must be placed upon private property, leaving a minimum of five (5) feet of clearance for pedestrian access. It must also not obstruct vehicular traffic, safety and visibility. Where conditions do not lend themselves for a sign to be placed on private property, (to be determined by the Zoning Administrator), it may be placed on a public sidewalk. Sandwich board signs shall be freestanding, not placed on any vehicle, not attached to any pole, traffic control device, public structure, or other such facility. It shall not be light reflective or fluorescent in color. The maximum size for a sandwich board sign is: height 3'/z feet (including legs), depth 2 feet, width 2% feet. (Ord. 2005-08, 04/27/05). Subd. 20. Streamers, Pennants. Temporary streamers and pennants may be erected for a period not more than fourteen (14) days. In no case shall more than three (3) permits per property be granted per calendar year. Subd. 21. Street Banner Signs. Street banners, advertising public entertainment or an event, are permitted in any zoning district, provided a sign permit is approved by the Zoning Administrator or designee, for locations authorized by the City Engineer. Such sign may be displayed fourteen (14) days prior to and three (3) days after the public entertainment or event. Subd. 22. Subdivision Identification Signs. Freestanding signs indicating the name of a subdivision, neighborhood or business center shall be permitted for the purpose of permanent identification. At each principal entrance to such an area, a maximum of two (2) signs, not to exceed 1300-10 City of Big Lake Chapter 13 Signs Signs fifty (50) square feet of sign area per side with a maximum of two (2) sides, excluding decorative landscaping and sign base, will be permitted on private property. The maximum height of such signs shall be ten (10) feet above the natural grade. When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. Subd. 23. Temporary Use Signs. Temporary signs shall be allowed in business and industrial zoning districts, businesses operating by a conditional use permit, and public and charitable events. There shall be no more than one (1) temporary sign in any required yard; no more than three (3) such signs on any lot, and the total area of each sign shall be displayed for no longer than twenty-one (2 1) consecutive days per calendar month. In no case shall temporary signs take up required off-street parking space. Temporary Uses (with a valid administrative permit) may have one (1) on-site temporary sign not to exceed twenty-four (24) square feet in area and not more than six (6) feet in height. 1300.08: SIGNS REQUIRING CONDITIONAL USE PERMIT: The signs identified in this Section are permitted subject to approval of a conditional use permit. The process to obtain a conditional use permit is outlined in City Code Section 1050 (Conditional Use Permits). Table 3 lists the signs that may be displayed upon approval of a conditional use permit. The table is followed by a description of each sign type along with' specific display criteria. TABLE 3 SIGNS THAT REQUIRE A CONDITIONAL USE PERMIT Changeable Copy Signs Electronic Menu Board Signs Illuminated Signs R Districts Off -Premise Directional Signs Lake Service Signs Painted Wall Signs Signs Accessory to Uses with Approved CUP or IUP Subd. 1. Changeable Copy Signs Electronic. In the B-3 General Business District, one (1) electronic message sign no larger than twenty four (24) square feet per side may be permitted on a lot. In the B-2 Community Business District, one (1) electronic message sign no larger than sixteen (16) square feet per side may be permitted on a lot. An electronic message is a sign that is intended to show messages and graphics that are changed by electrical pulsations. This type of sign shall only be permitted in B-2 and B-3 business districts or for public buildings, provided that a conditional use permit is approved by the City. The applicant for such a sign shall demonstrate that the light intensity and frequency shall not be disruptive to traffic, pedestrians or other land uses on adjacent lots. Subd. 2. Illuminated Sign. Illuminated signs shall only be permitted in business and industrial zoning districts unless a conditional use permit, (City Code Section 1050 Conditional Use 1300-11 City of Big Lake Chapter 13 Signs Signs Permits), is approved by the City. Such sign shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. Subd. 3. Lake Service Signs. Any business, which provides a service to a lake and/or is located within two hundred (200) feet of a lake may apply for a conditional use permit (City Code Section 1050 Conditional Use Permits) to erect a business sign. Signs may be placed, when necessary, within the Shoreland Management Zoning District if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of services available. The signs must not contain other detailed information such as product brands and prices. Lake service signs may not exceed ten (10) feet above the natural grade level and the maximum size of such sign is limited to thirty-two (32) square feet in area. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters. No business signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under required permit procedures and are not subject to sign permits from the City of Big Lake. Subd. 4. Menu Board Signs. In the B-2 and B-3 business districts, no more than two (2) signs that serve customers via automobiles are allowed with a maximum total combined area of sixty (60) square feet. In no instance shall a sign be greater than fifty (50) square feet or exceed nine (9) feet in height from grade to the top of the sign. The sign(s) shall be single -sided, located adjacent to the drive-thru aisle, and oriented so that the signs provide information to the patrons using the drive-thru facility only. If two signs are used, they shall be similarly designed with the same style, materials and color. Extenders shall not be attached to any sign in excess of the maximum size allowed. The menu board sign area may be additional to the permitted wall and freestanding sign area allotted to the building. Such signs shall require a conditional use permit and demonstrate that the proposed sign location will not obstruct pedestrian or vehicular movement or be located in an area objectionable to adjacent business or residential lots. Subd. 5. Off -Premises Directional Signs. A conditional use permit (City Code Section 1050 Conditional Use Permits) for an, off -premises directional sign may be granted for the purpose of providing off-street direction to a residential project or a new venture less than twelve (12) months following occupancy permit, a public, religious or non-profit institution. Such sign shall not exceed twenty-five (25) square feet per face with a maximum of two (2) faces, and shall conform to the yard setback requirements of the zoning district in which it is located. An interim use permit may be issued for one (1) year periods. In addition, a directional sign may be permitted for any use, which, in the determination of the City Council, incurs substantial hardship from lack of reasonable identification as a result of the location. If said sign is lighted, it shall be illuminated only during those hours when business is in operation or when open for conducting business. Subd. 6. Painted Wall Signs. Signs that are painted directly on the surface of a building may be permitted in business zoning districts provided that a conditional use permit (City Code Section 1050 Conditional Use Permits) is approved by the City. The area ofpainted wall signs shall be calculated as part of the maximum total permitted wall sign area for the building. Subd. 7. Signs accessory to uses with approved conditional use permits or interim use 1300-12 City of Big Lake permits. Chapter 13 Signs Signs 1300.09: CONDITIONAL USE PERMIT PROCESS FOR SIGNS: Signs identified in this Ordinance that require a conditional use permit shall follow the process and procedures set forth in City Code Section 1050 (Conditional Use Permits). The additional requirements of this section shall also apply to sign applications. The City may place conditions upon conditional use permit approval to ensure that the proposed display will be compatible with the existing and/or proposed land uses in the underlying zoning district. In addition to the application process identified in City Code Section 1050 (Conditional Use Permits) the applicant shall provide the following materials: Subd. 1. The applicant shall file a complete conditional use permit application for the proposed sign(s) along with scale drawings of the sign(s) indicating location, design, color, size, area, proposed display period and rationale describing the specific circumstances or criteria that exist to merit the granting of a conditional use permit for the particular business or proposed sign use. A certificate of survey shall be required for all signs that are proposed to be located on the grounds of the subject site. Subd. 2. The applicant shall provide a list of names and addresses of all property owners within one hundred (350) feet of the proposed sign location(s). The list of names shall be provided by a certified abstract company so that the Zoning Administrator or designee may provide notification of the conditional use permit application to affected property owners. 1300.10: NON -CONFORMING SIGNS: Any sign that is legally non -conforming to the requirements of this Ordinance shall either be removed or brought up to current code requirements prior to any new sign permit, zoning permit or building permit issuance for the site. Existing ground or freestanding sign(s) shall be considered a principal use of the property and as such, building permits for other structures/uses shall not be issued until such a time as the non -conforming signs are removed from the site. 1300.11: PROHIBITED SIGNS: The following signs are prohibited as prescribed: Subd. 1. Advertising Signs. Advertising signs shall not be permitted in any zoning district. Subd. 2. Animated Signs. Any sign that contains visible moving or revolving parts, visible mechanical movement, or other apparent movement. Animated signs shall not be permitted within any zoning district, unless herein specified. Subd. 3. Balloon Signs, Tethered. Tethered balloon signs shall not be permitted in any zoning district. Subd. 4. Bench Signs. Bench signs shall not be permitted within any zoning district. Subd. 5. Billboard Signs. Billboard signs shall not be permitted in any zoning 1300-13 City of Big Lake Chapter 13 Signs Signs district. Billboards which display Electronic Changeable Copy signs area also prohibited. Subd. 6. Flashing Signs. Flashing signs shall not be permitted in any zoning districts. Subd. 7. Home Occupation Signs. Home occupation signs shall not be permitted in any zoning district. Subd. 8. Projecting Signs. No sign shall be allowed to project within five (5) feet of any property line or public right-of-way or lower than eight (8) feet in height. Subd. 9. Roof Signs. Roof signs, roof advertising symbols, roof logos, roof statues, or roof sculptures shall not be permitted in any zoning district. No sign shall extend above the roofline. Subd. 10. Snipe Signs. Signs shall not be painted, attached, or in any manner affixed to trees, rocks, or similar natural surfaces, nor shall such signs be affixed to a fence or utility pole. Subd. 11. Traffic Interference. No sign shall be erected in any zoning district that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 1300.12: SIGN PLAN REQUIREMENTS: No permit shall be issued for an individual sign requiring a permit unless and until a sign plan of the entire lot and/or building on which the sign will be erected has been submitted and approved by the Zoning Administrator. The purpose of the sign plan is to provide accurate information for the City to calculate compliance with Ordinance requirements. The following information submittals are required unless exempted by the Zoning Administrator: Subd. 1. An accurate site survey for all ground signs proposed to be located on the subject site. Subd. 2. Accurate building wall elevations, drawn to scale, for all exterior wall surfaces of the building where signs are located and/or proposed,. Subd. 3. Square footage calculations for each exterior elevation of the building, total building square footage, and the proposed location of signs on each exterior wall elevation. The lettering or graphic style, lighting, location on the building, materials and individual sign proportions are to be indicated on the exterior elevation drawings. Subd. 4. An accurate indication on the survey of the location, area, and dimensions of each existing freestanding sign and proposed future sign of any type, whether requiring a permit or not. Subd. 5. A duplicate copy of the sign plan that the property owner will provide to all tenants. 1300-14 City of Big Lake Chapter 13 Signs Signs Subd. 6. In the event that a new or amended sign plan is filed for a property on which existing legal non -conforming signs are located, all properties and/or businesses shall bring all signage into conformance with City standards prior to the issuance of a zoning, building or new sign permit. The property owner may enter into an agreement with the City which sets forth the scheduled dates for bringing the building and/or lot signs into compliance with the provisions of the Sign Ordinance. A performance security shall be filed with the agreement to ensure that signage will be brought into conformance pursuant to the terms of the agreement. 1300.13: SIGN PERMIT REQUIREMENTS: Subd. 1. Permits Required. If a sign requiring a permit under the provision of this Ordinance is to be placed, constructed, erected, or modified on a building or lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection, or modification of such a sign, in accordance with this Ordinance. Furthermore, the property owner shall maintain in force, at all times, a sign permit for all such sign(s). Any sign involving electrical components shall be wired by a licensed electrician. Subd. 2. Individual Permit Requirements. No sign shall be placed, constructed, erected, changed or relocated without a permit issued by the Zoning Administrator or designee, unless the provisions of this Ordinance exempt the sign from permit requirements. 2. Application for a sign permit shall be made in writing upon forms furnished by the Zoning Administrator. Such application shall contain the location by street and address number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. The Zoning Administrator or designee may require the filing of plans or other pertinent information where it is necessary to insure compliance with this Ordinance. The permit application shall be signed by the property owner. When the applicant is any person other than the owner of the property, it shall also be signed by the owner of the property. The application shall contain the,following information: a. Name, address and telephone number of the property owner, sign owner and erector. b. Location of the sign or structure. C. Scale drawing of the proposed sign(s) showing their positions in relation to the nearest buildings, structures, public streets, rights-of-way and property lines. d. Plans, specifications, and method of construction or attachment to the building or in the ground, including all dimensions, showing all light sources, wattage, type and color lights, and details of any light shields or shades. e. Other information as may be required by the Zoning Administrator or designee. 4. Building permits must be obtained in addition to sign permits for sign structures exceeding 1300-15 City of Big Lake Chapter 13 Signs Signs eight (8) feet six (6) inches in height. When a building permit is required, structural engineering may be required. All structural engineering for signs shall be reviewed and approved by the Building Inspector prior to final permit approval and issuance. (Ord. 2003- 03, 3/12/03). Subd. 3. Temporary Sign Permits. Temporary signs shall be allowed only within business and industrial zoning districts upon the issuance of a sign permit, which shall be subject to the following requirements: The permit application shall be signed by the property owner. 2. Name, address and telephone number of the property owner, sign owner and erector. 3. Scale drawing indicating sign dimensions "and square footage of each proposed temporary sign. The proposed location of the temporary sign(s) on the building and/or lot shall also be indicated. 4. The dates proposed for display and removal of each temporary sign shall be indicated on the sign permit application. 1300.14: SIGN MODIFICATIONS: Subd. 1. Permits. An application for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on the sign plan. One application and permit may include multiple signs on the same building and/or lot. Subd. 2. Exemptions. The following sign modifications shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this Ordinance or any other law or ordinance regulating the same. The changing of the advertising copy or message on a marquee, changeable copy, electronic message or similar sign specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. 2. Painting, repainting, replacement or cleaning of a legal advertising structure or sign whereby only the color the sign is altered. 1300.15: MAINTENANCE: All signs shall be maintained in a safe, presentable and good structure condition at all times. Maintenance shall including painting, repainting, cleaning, replacement or repair of defective parts, replacement of missing letters and other necessary acts. Any sign, which the City finds, is in a dangerous or defective condition shall be removed or repaired by the owner of the sign or the owner of the premises on which the sign is located. 1300-16 City of Big Lake Chapter 13 Signs Signs 1300.16: CALCULATING ADVERTISING DISPLAY AREA: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The structural supports for a sign, whether they be columns, pylons, or a building, or a part thereof, shall not be included in the calculation of the advertising display area. Subd. 1. Individual Letters. When attached to the surface of a building, canopy, awning, wall or window, the sign area shall be calculated as that part of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols. The sign area shall include all lettering, wording, and accompanying designs or symbols. Subd. 2. Multi -Faced Signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of one of the faces. Subd. 3. Computation of Maximum Total Permitted Sign Area. The permitted sum of the area of all individual signs on a property shall be computed by applying the formula contained in Section 1300.14. Properties fronting on two (2) or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the percentage of the building total sign space allocation that is derived from the permitted sign area for the building. 1300.17: PERMITTED SIGN AREA — BUSINESS AND INDUSTRIAL DISTRICTS: The signs regulated herein refer to "on -premises" signs that are intended to identify or advertise a business, person, activity, goods, products or services that are located or placed upon the private lot where the good or service is available. Signs may not be displayed "off -premises", except for the specific circumstances described in this Ordinance. On -premises signs must be located or placed upon private property, be securely built, installed and maintained to conform to the requirements of this Ordinance. Subd. 1. Wall Signs. Within business zoning districts, the total area of permanent wall signs shall not exceed twenty (20) percent of the area of the total building front. Except buildings over three thousand (3,000) square feet of floor area may add one (1) square foot of sign space for each one hundred (100) square feet of floor space over three thousand (3,000) square feet. Within industrial zoning districts, the percent of the area of permanent wall signs shall not exceed ten (10) percent of the area of the total building front. In no case may an individual wall sign exceed two hundred (200) square feet. Wall signs in all districts shall not project from the building line more than fifteen (15) inches. Subd. 2. Freestanding Signs. Business and industrial buildings other than shopping 1300-17 City of Big Lake Chapter 13 Signs Signs centers where the building does not cover the full area of the property, may erect one (1) freestanding sign per lot. The maximum height of a freestanding sign shall be twenty-four (24) feet above the grade of the adjacent street centerline in B-1 and B-2 zoning districts. The maximum height of freestanding sings in B-3 and industrial zoning districts shall be thirty (30) feet above the grade of the adjacent street centerline. The maximum square footage of freestanding signs shall be seventy-five (75) square feet per side within a maximum of two (2) sides. No freestanding sign shall extend beyond a property line, building restriction line or right-of-way line or be located closer than forty (40) feet to another freestanding sign. Freestanding signs must be set back at least ten (10) feet from the property line, or right-of-way line, whichever is greater, with the exception of the B-2 zoning district where a freestanding sign may have a zero setback. (Setback measurement will be determined from the closest part of the sign to the property or right-of-way line.) Freestanding or ground signs may not be located within a clear view triangle area of a corner lot as defined by City Code Section 1000.05 (Zoning Definitions). Subd. 3. Shopping Center Signs. Shopping centers may erect one (1) common area identification sign, stating the name of the center and the major tenants, provided the maximum size be limited to one hundred (100) square feet per side, with a maximum of two (2) sides and a maximum height of thirty (30) feet above the grade of the adjacent street centerline. Shopping center signs must be set back at least ten (10) feet from the property line or right-of-way line, whichever is greater. (Setback measurement will be determined from the closest part of the sign to the property or right-of-way line.) Subd. 4. Ground Monument Signs. Within business and industrial zoning districts, one (1) common ground monument sign shall be allowed at each major entrance into the industrial or business center for the sole purpose of identifying the development, and/or listing the businesses therein. Such sign may be no higher than ten (10) feet above natural grade and no more than one hundred twenty (120) square feet in area with a maximum of two (2) sides. Such signs shall not be located within a thirty (30) foot clear view triangle on corner lots and shall be set back a minimum of ten (10) feet from the property line, or right-of-way line, whichever is greater. (Setback measurement will be determined from the closest part of the sign to the property or right-of-way line.) 1300.18: LAPSE OF SIGN PERMIT: A sign permit shall lapse automatically if not renewed or if the business activity on the premises is discontinued for a period of one hundred twenty (120) days. The Zoning Administrator or designee will notify the landowner, in writing, that the sign will need to be removed. If the sign is not removed within thirty (30) days notice of permit expiration, the City may have the sign removed and assess costs back to the property by Minnesota Statutes, Chapter 429. Subd. 1. Seasonal businesses, as determined by the City Zoning Administrator, shall be exempt from the one hundred twenty (120) day discontinuance period. 1300.19: CANCELLATION: A sign permit shall become null and void if the work for which the permit was issued has not been completed within a period of six (6) months after the date of permit approval. A permit may be renewed one (1) time for additional six (6) months and no 1300-18 City of Big Lake Chapter 13 Signs Signs additional fee shall be collected for the renewal. This clause does not apply to temporary or conditional use permits. 1300.20: REVOCATION: The Planning Commission may recommend, and the City Council may direct, the revocation of any Interim use permit for cause upon determination that the authorized interim use is not in conformance with the conditions of the permit or is in continued violation of this Ordinance, City Codes, or other applicable regulations. The City Council or Planning Commission shall initiate an application and the Zoning Administrator shall notify the responsible person that they have an opportunity to show cause why the permit should not be revoked. The application shall be processed and considered pursuant to the procedure set forth for processing interim use permits by this Section. The Zoning Administrator shall provide the applicant a copy of the proceedings and fmdings of the Planning Commission and City Council. 1300.21: APPEALS: To provide for a reasonable interpretation of the provisions of this Ordinance, a permit applicant may appeal an interpretation by the Zoning Administrator, where it is alleged that there is an error in any order, requirement, decision, or determination made in the enforcement of this Ordinance. The appeal process shall follow the procedures outlined in City Code Section 1070.01 Subd. 3, (Appeals). 1300.22: SIGN VARIANCE PROCEDURE: Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Ordinance, the City Council has the power to vary the requirements of this Section in harmony with the general purpose and intent hereof, so that the public health, safety and general welfare may be secured and substantial justice done. The procedure for variances to the Sign Ordinance shall follow the procedures set forth in City Code Section 1014.03, (Variance). When considering a variance, the City Council shall make a finding of fact and grant approval based upon the following conditions: Subd. 1. That the conditions involved are unique to the particular parcel of land or use involved. Subd. 2. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the business involved. Subd. 3. That the alleged difficulty or hardship is caused by this Ordinance and has not been created by any persons presently having an interest in the parcel. Subd. 4. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or interfere with the function of the police and fire departments of the City. 1300.23: VIOLATIONS: The following shall be a violation of this Ordinance and will be subject to the enforcement remedies and penalties provided by this Ordinance, by the Zoning Ordinance, and by State law: 1300-19 City of Big Lake Chapter 13 Signs Signs Subd. 1. To install, create, change, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located. Subd. 2. To install, create, erect, or maintain any sign requiring a permit without such a permit. Subd. 3. To fail to remove any sign that is installed, created, erected, or maintained in violation of this Ordinance, or for which the sign permit has lapsed. Subd. 4. To continue any such violation. Each day of a continued violation shall be considered a separate violation when applying the penalty portions of this Ordinance. Subd. 5. Each sign installed, created, erected, or maintained in violation of this Ordinance shall be considered a separate violation when applying the penalty portions of this Ordinance. 1300.24: ENFORCEMENT AND REMEDIES: Any violation or attempted violation of this Ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to State law. A violation of this Ordinance shall be considered a violation of the Zoning Ordinance of the City. The remedies of the City shall include but not be limited to the following: Subd. 1. Issuing a stop work order for any and all work on any signs under construction on the same lot. Subd. 2. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the non -conformity. Subd. 3. Imposing any penalties that can be imposed directly by the City under the Zoning Ordinance. Subd. 4. Seeking in court, the imposition of any penalties that can be imposed by such court under the Zoning Ordinance. Subd. 5. In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. 1300.25: FEES: The City Council shall establish the permit fee structure for signs on an annual basis. The sign permit fees shall be indicated on the annual City of Big Lake fee schedule as adopted by the City Council. Subd. 1. Signs which need a conditional use permit must pay the established sign permit fee plus such additional fee as may be required for the conditional use permit. Subd. 2. Prior to the issuance of a permit for a temporary or portable sign, an escrow 1300-20 City of Big Lake Chapter 13 Signs Signs deposit in the form of cash, check or money order must be provided to the City. Said deposit will be refunded only if the sign is removed by noon of the next business day after the permit period expires, unless otherwise agreed to, in writing, by the Zoning Administrator or designee and applicant prior to issuance of the permit. Subd. 3. Fees may be waived by the City Council for signs containing a religious, civic, school or public interest subject. Subd. 4. No fee shall be required for signs exempted by Section 1300.03. 1300.26: FINES: As allowed by State Statute, any person, organization, corporation, or their representatives found in violation of this Ordinance shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not to exceed seven hundred dollars ($700.00) or by imprisonment for not more than ninety (90) days, or both. Each day that a violation exists shall constitute a separate and distinct offense, punishable as aforesaid. 1300.27: REMOVAL OF SIGNS: If the City finds that any sign, temporary or permanent, or other advertising structure regulated herein is in disrepair (parts missing or broken, chipped paint, bent parts etc.), unsafe or insecure, a menace to the public, or in violation of the provisions of this Ordinance, the Zoning Administrator or designee, shall give written notice to the holder of the permit. The holder of the permit shall remove or alter the structure so as to comply with the standards required by this Ordinance and indicated by the Zoning Administrator within seven (7) days after issuance of such notice. If after receiving said notice such person fails to remove or alter said sign so as to comply with the provisions of this Ordinance, such sign shall be deemed to be a nuisance and may be abated by the City by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including administration expenses and reasonable attorneys' fees, may be leveled as a special assessment against the property upon which the sign is located. Subd. 1. The City may cause any sign or sign structure which is an immediate public hazard to be removed summarily after a reasonable attempt has been made to have the property owner remove the sign. Subd. 2. When the City sends, by certified mail, the notice of violation, copies will be sent to both the permit holder and the property owner, if they are different persons. 1300.28: SEVERANCE CLAUSE: If any section, clause or provision or portion thereof of this Ordinance shall be found to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion thereof of this Ordinance. 1300.29: DEFINITIONS: Address Sign. A sign consisting of identification numbers only, either written or numerical form. 1300-21 City of Big Lake Chapter 13 Signs Signs Advertising Sign. Any permanent non-governmental sign advertising products, services, commodities, entertainment or other activity not offered at the location of the sign or not exclusively related to the premises on which the sign is located. Animated Sign. Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Awning. A non -rigid hood or cover projecting from a building, which maybe folded, collapsed, or retracted against the building. Balloon Sign. A temporary sign which is printed, painted or attached to a balloon. Balloon Sign, Tethered. A temporary sign that is printed, painted or attached to a balloon and fastened or confined so as to keep it within certain bounds. Banner Sign. Any temporary sign of lightweight fabric or similar material intended to be hung either with or without frames, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. Beacon. Any light with one or more beams, capable of being revolved automatically or being directed into the atmosphere or directed at one or more points not on the same lot as the light source. Bench Sign. A sign attached to or painted on a bench for seating. Billboard Sign. A billboard, poster panel board, painted bulletin board, or other communicative device which is used to advertise (billboard) products, goods and/or services, any part of which are not sold, produced, assembled, manufactured, furnished or otherwise related to activities conducted on the premises on which such sign is located. Building Marker. A sign carrying the name of a building, its date of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete, or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure. Business Sign. A sign relating in its subject matter to the premise on which it is located or to products, accommodations, services or activities thereon. Changeable Copy Sign, Non -Electronic. A sign or portion thereof that has a reader board for the display of text in which each alphanumeric character, graphic or symbol is defined by objects and may be changed or rearranged manually or mechanically with characters, illustrations, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. Changeable Copy Sign, Electronic. A sign or portion thereof that displays electronic, non - pictorial text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy 1300-22 City of Big Lake Chapter 13 Signs Signs signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto buildings or objects. Electronic changeable copy signs do not include official signs, -a sign on which the only copy that changes is an electronic or mechanical indication of time or temperature or stock market data shall be considered a "public service information sign" temporary portion of a sign and not a changeable copy sign for the purposes of this Ordinance. Commercial Speech. Speech advertising a business, profession, commodity, service or entertainment. Construction Sign. A sign giving the project name, name(s) of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon. Directional Sign. A sign erected on private property for the purpose of directing vehicular and pedestrian traffic to public facilities or functions. Directory Sign. A sign on which the names and/or locations of occupants or the use of a building is given. This shall include office buildings and church directories. Election Sign. A temporary sign promoting the candidacy of a person running for a governmental office, or promoting an issue to be voted on at a governmental election. Erect. To build, construct, attach, hang, place, suspend, or affix and also includes the painting of wall signs. Flashing Sign. Directly or indirectly illuminated sign or portion thereof that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. Freestanding Sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Ground Monument Sign. A block type sign structure not supported by poles or braces, but rather placed directly on the ground. Illuminated Sign. Any sign which has characters, letters, design or outlines illuminated by artificial light direct to or from the interior of the sign. Incidental Sign. A sign, generally informational, that has a purpose secondary to the business use of the lot on which it is located, such as "no parking", "entrance", "loading only", "telephone", and other similar directives. No sign with a commercial message shall be considered incidental. Institutional Signs. A sign which identifies the name and other characteristics of a public or semi- public institution on the site where the sign is located. 1300-23 City of Big Lake Chapter 13 Signs Signs Lake Service Sign. Signs accessory to uses which depend on patrons arriving by watercraft. Legal Non -Conforming Sign. Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this Ordinance, and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this Ordinance. Marquee Sign. Any sign attached to or made a part of a marquee. A marquee is defined as a permanent roof -like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. Menu Board. A sign that indicates selections available at businesses that serve customers via automobiles, such as a fast food establishment. Message Sign (Electronic). A message sign which show messages and graphics that are changed by electrical pulsations. Painted Wall Sign. A sign which has been painted directly onto a building wall, using the wall material as a base of the sign. Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind. Portable Sign. Any temporary sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to, signs designed to be transported by means of wheels, signs converted to A or T frames, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless a vehicle is used in the normal day-to-day operations of the business. Projecting Sign. Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond the building or wall. Principal Building. The building in which it is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings. Public Service Sign. A sign that displays time, weather, stock market data or other public information. Real Estate Sign. A temporary sign erected by a realtor or private individual for purposes of advertising for sale or lease a particular building, and/or parcel of property. Roof Line. The lowest plane at which the eternal upper covering begins. Rotating Sign. A sign which revolves or rotates on its axis by mechanical means. 1300-24 City of Big Lake Chapter 13 Signs Signs Semi -Public Use. A use owned or operated by a non-profit, religious or charity dependent institution and providing educational, cultural, recreational, religious or similar types of public programs. Sandwich Board Sign. hinged or unhinged A -frame sign that is portable and temporary in nature. The sign must be made by professional craftsmanship and of quality materials, weather resistant and of durable construction for maximum stability. (Ord. 2005-08, 04/27/05). Sign. Any written announcements, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person or persons when the same is displayed or placed out of doors in the view of the general public, or a pylon exterior wall or building surface or inside of a building within three (3) feet of a transparent window. A sign shall be considered as a structure or a part of a structure for the purpose of applying yard and height regulations except as herein stipulated. Signs shall be constructed of metal, plastic, masonite, or wood and be painted in colors that will aesthetically fit the surroundings. Signs shall be of sound construction so as not to be toppled by the weather. Snipe Sign. Sign(s) of any material whatsoever that is painted on or attached in any way to a utility pole, tree, rock or any object located or situated on public or private property. Street Banner. Any banner sign which is stretched across and hung over a public right-of-way which advertises public entertainment or event. Street Frontage. For purposes of this Ordinance, any reference to street herein shall mean any street or roadway, public or private, but not to include private driveways. Temporary Sign. A sign erected or displayed for a specified period of time and is not permanently mounted. Traffic Interference Signs. Signs erected that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. Wall Sign. Any sign attached parallel to a wall, painted on the wall surface or which projects less than fifteen (15) inches from the surface at all points of the building or structure, and which displays only one sign surface. Window Sign. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service that is placed inside a window or within thirty-six (36) inches of a window, or upon the window panes or glass and is visible from the exterior of the building. Yard Sale Sign. A sign not to exceed two (2) square feet to advertise the address of a yard sale. A yard sale is an infrequent temporary display and sale, by an occupant, on their premises of personal injury, including general household rummage, used clothing and appliances, provided: the exchange or sale of merchandise is conducted within the residence or accessory structure. 1300-25 CHAPTER 14: LAND USE DEVELOPMENT CODE SECTION 1430 - SIGNS 1430.01 Purpose 1430.02 Definitions 1430.03 Signs in Residential Districts 1430.04 Signs in Nonresidential Districts 1430.05 Temporary Signs 1430.06 Nonconforming Signs 1430.01. PURPOSE. The purpose of these sign regulations is to establish a set of standards to control the erection and use of on -premises and off -premises advertising, symbols, markings, or devices within the City of Rice. 1430.02. DEFINITIONS. Accessory Sign: A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises on which it is located. Address Sign: Postal identification numbers only, whether written or in numeric form. Area Identification Sign: A free-standing sign that identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center or area, an industrial area, an office complex consisting of three (3) or more structures or any combination of the above that could be termed an area. Banners and Pennants: Attention -getting devices that resemble flags and are of a nonpermanent paper, cloth or plastic -like material. Bench Signs: A sign that is affixed to a bench or shelter at a bus stop. Bulletin Sign: An accessory sign that announces goods or services available through the use of changeable letters. Church Directional Sign: A sign that bears the address and/or name of a church and direction arrows pointing to a church location. Dynamic Display Sign: "Dynamic display" shall mean any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any rotating, revolving, moving, flashing, blinking or animated display and any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. Free -Standing Sign: A sign that is placed in the ground and not affixed to any part of any structure. Illuminated Sign: Any sign that is illuminated by an artificial light source, which shall include all electronic signs utilizing internal light sources and any sign that makes use of electric lighting to reflect off of an otherwise opaque message surface. Institutional Sign: Any sign or bulletin board that identifies the name and other characteristics of a public or private institution on the site where the sign is located. Non -Accessory Sign: A sign other than an accessory sign. Portable Sign: A sign that is not permanently attached to the ground or any structure and so designed as to be movable from one location to another. Permanent Sign: Any sign that is not a temporary sign. Pylon Sign: A free-standing area identification sign greater than twenty (20) feet in height, intended for freeway advertising. Roof Sign: Any sign erected upon or projecting above the roofline of a structure to which it is affixed. Sign: 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, that is displayed outdoors or on a window or on the interior of a building within three (3) feet of a window and clearly visible from the outside of said building for informational or communicative purposes. Sign Area: That area within the marginal lines of the surface that bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of the building, the area that is included in the smallest rectangle that can be made to circumscribe the message, figure or symbol displayed thereon. The stipulated maximum sign area for a free-standing sign refers to a single facing. Temporary Sign: A sign that is erected or displayed for a limited period of time. Traffic Directional Sign: A sign that is erected by a governmental unit for the purpose of directing or guiding traffic. Internal Traffic Directional Sign: A sign that is erected on private property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic within the property. Such sign bears no advertising information. Wall Sign: Any sign that is affixed to a wall of any building. 2 1430.03. SIGNS IN RESIDENTIAL DISTRICTS. Subd. 1. PERMITTED SIGNS 1. The following on -premises signs shall be permitted in residential districts: a. Nameplate Signs: One (1) sign for each dwelling unit, not greater than two feet in area, indicating the name and/or address of the occupant. b. One unlighted identification sign for each use other than residential shall not exceed four (4) square feet in area. c. One unlighted sign, having a surface area not exceeding twenty-four (24) square feet and a height not exceeding eight (8) feet, per vehicle entrance identifying each subdivision or housing development. d. One (1) unlighted sign per vehicle entrance identifying a dwelling unit complex. Such signs may indicate the name and address of the building and rental or management offices. Such signs shall have a surface area not exceeding twenty-four (24) square feet and a height not exceeding eight (8) feet. e. One area identification sign for each multiple residential complex consisting of four (4) or more structures. In R-2 districts such signs shall have a surface area not exceeding seventy-five (75) square feet and in R- 4 districts surface area may not exceed one hundred (100) square feet. The height of the signs may not exceed eight (8) feet. f. One home occupation sign, non -illuminated, attached to the wall of a. dwelling and not exceeding four (4) square feet in area. g. Advertising signs attached to fences within a ballpark. h. Flags, badges, or signs of any governmental agency including but not limited to emergency signs. Subd. 2. GENERAL REGULATIONS 1. No sign shall be permitted that is a hazard to the public health, safety, convenience or welfare. No sign shall be erected or maintained so as to prevent free ingress or egress from any door, window or fire escape. 2. Signs shall not be permitted within the public right-of-way or easements except public traffic control signs as determined by the city engineer. 3. Signs or marquees that may extend beyond the building line shall not be constructed to extend over the property line. Signs located within three (3) feet of an alley, a driveway, or parking area shall have a clearance of fourteen (14) feet above finished grade. 3 4. Except as provided in this Ordinance, all signs are required to follow the setback and side yard requirements for other structures in the district where located, provided that where a drive-in service or parking is permitted one (1) ground identification sign not exceeding thirty-five (35) square feet may be erected in any required front yard or setback area; however, it may not be located closer to the street or right-of-way than the required setback distance. 5. All displays shall be shielded to prevent light from being directed at oncoming traffic in such brilliance as to impair the vision of any driver. No device shall be illuminated in such a manner as to interfere with or obscure an official traffic sign or signal. 6. No advertising devices shall be erected or maintained in such a place or manner as to obscure or otherwise physically interfere with an official traffic control device or a railroad safety signal or sign, or to obstruct or physically interfere with the drivers' view of approaching, merging, or intersecting traffic. 7. No advertising device shall be erected closer to any other such advertising device on the same side of the same street than 100 feet; provided, however, that this provision shall not prevent the erection of double-faced, back-to- back, or v -type advertising devices with a maximum of two signs per facing; the spacing between advertising devices does not apply to structures separated by buildings or other obstructions in such a manner that only one sign face located within the above spacing distances is visible from the street at any one time. 8. Directional signs shall be permitted in all districts provided the total area of each sign shall not exceed four (4) square feet per sign face. 9. It is unlawful to maintain for more than thirty (30) days, any sign that has become obsolete because of the discontinuance of the business, service, or activity that it advertises, removal from the location to which it directs, or for any other reason. The fact that an obsolete sign is nonconforming shall not be construed as modifying any of the requirements of this section. 10. It is unlawful to erect or maintain any sign on any property. Public or private, without the consent of the owner or occupant thereof. 11. All signs shall be maintained in good condition and the area around them kept free from debris, bushes, and high weeds and from anything else that would be a nuisance. 12. "Billboards" in commercial and industrial districts are permitted to the extent authorized under the terms of this Ordinance and provided that they do not contain more than twelve (12) square feet of area per lineal foot of frontage of such lot and must contain spacing of 1,000 feet between the billboards. The billboards must be supported by a metal drum base (monopole). 4 Subd. 3: PERMIT REQUIREMENTS Except as otherwise herein provided, it shall be unlawful for any person to erect, repair, alter, relocate, or maintain within the city any sign as defined in this Ordinance without first obtaining a permit from the Building Official and paying of the fee required. Fees for sign permits shall be in the amount established from time to time by the governing body. Sign permits shall be renewed annually. The renewal fee shall be in an amount established from time to time by the governing body. 2. Application for permits shall be made upon forms provided by the city and shall be accompanied by: a. The name and address of the sign owner and sign erector. b. A drawing to scale showing the design, location, and construction of the sign. c. Written consent of the owner or lessee of any site on which the sign is to be located. d. Such other pertinent information as the Building Official may require insuring compliance with this Ordinance. 3. The following signs shall be exempt only from a permit fee. The owner shall not be relieved from the responsibilities of following other regulations of erection and maintenance. a. One (1) on -premises unlighted or indirectly illuminated identification sign not exceeding two (2) square feet in area in residential zones and six (6) square feet in other zones. The identification sign may announce only the name and/or address of the occupants of the premises. b. Signs located on the rolling stock of common carriers, or on motor vehicles or trailers bearing current license plate, that are traveling or lawfully parked upon public highways, or lawfully parked upon other premises for a period not exceeding four hours, or for longer periods when the primary purpose of such parking is not the display of any sign, and where the number of vehicles bearing a sign or signs of any one advertiser does not exceed one plus one more for each 25,000 square feet of area of the premises. c. Signs that are located on the interior of a building and are not visible from outside the building. d. On -premises signs located inside an enclosed building and visible through a window or windows thereof where the area of such signs does not exceed twenty-five (25) percent of the area of the windows. 5 e. Signs indicating only the name and/or date of erection of a building, having an area not exceeding six (6) square feet, and made an integral part of the structure. f. Public signs of a non-commercial nature erected by, or on the order of, a duly constituted public office of City, County, State or Federal Governments in pursuance of their public duties. g. Temporary signs except as otherwise provided in subsection 1430.05. h. One (1) sign for one hundred feet (100') of lineal frontage per lot, not to exceed two (2) signs for any lot provided such signs do not exceed two hundred square feet (200') per sign (with one face side considered). One (1) structure will be considered one (1) sign even if said structure advertises multiple businesses. The sign face will be a ratio of 1.25 square feet per one (1) lineal foot of property frontage. Building wall signs shall not exceed fifteen percent (15%) of the actual building frontage. L On -premises signs having an area of not more than six (6) square feet each, the message of which is limited to warning of any danger, prohibition or regulation of the use of this property or traffic or parking thereon. 1430.04. SIGNS IN BUSINESS DISTRICTS Subd. 1. STANDARDS AND REQUIREMENTS. The following regulations shall apply to signs in business districts: 1. On -premises identification, business, or area identification signs are permitted. There may be building signs, free standing signs and pylon signs, the last not exceeding thirty-five (35) feet in height. Nearby residents shall be protected from direct light if these signs are illuminated. 2. In B-1 district, the business sign area for a lotshall not exceed the following: a. Building wall signs shall not exceed one (1) square foot per lineal lot front or ten percent (10%) of building frontage area, or fifty (50) square feet, whichever is the greatest. b. Free standing signs shall not exceed fifty (50) square feet. c. Total square footage of all signs shall not exceed one hundred (100) square feet. 3. In B-2 districts, the business sign area per lot shall not exceed the following: 6 a. Building wall signs shall not exceed two (2) square feet per lineal lot front or twenty (20%) of building frontage area or seventy-five square feet, whichever is the greatest. b. Free standing signs shall not exceed fifty (50) square feet per side and shall have a maximum total sign face area of one hundred square feet (100) for all sides. c. Total square footage of all signs may not exceed two hundred (200) square feet per side and shall have a maximum total sign face area of one hundred fifty (150) square feet for all sides. d. One sign for 100 feet of lineal frontage per lot, not to exceed 2 signs for any lot. e. The maximum size of a sign shall be 200 square feet (with one face side considered.) One structure shall be considered one sign even if the structure advertises multiple businesses. The sign face will not exceed 1.25 square feet per one lineal foot of property frontage. f. Building wall signs shall not exceed fifteen percent (15%) of the actual building frontage. 4. In B-3 districts, the business sign area per lot shall not exceed the following: a. One sign for one hundred (100) feet of lineal frontage per lot not to exceed_ two (2) signs for any lot and a maximum of two hundred (200) square feet per sign (with one (1) face side considered). b. One (1) structure will be considered one (1) sign even if said structure advertises multiple businesses. c. The sign face will not exceed 1.25 square feet per one (1) lineal foot of property footage. d. Building wall signs shall not exceed fifteen percent (15%) of the actual building frontage. 5. SIGNS IN INDUSTRIAL DISTRICTS The following regulations shall apply to signs in Industrial Districts: a. Where appropriate, any sign permitted in the residential or business district shall be permitted in the Industrial District. Signs shall be under the same restrictions specified for those districts except as modified in this paragraph 5. 7 b. Identification signs shall not exceed six (6) square feet. Building wall signs shall not exceed twenty percent (20%) of building frontage area. c. Free standing, pylon, or area identification signs may not exceed two hundred (200) square.feet. d. The total square footage of sign area for each lot shall not exceed five (5) square feet for each lineal foot of lot frontage. 1430.05. TEMPORARY SIGNS A. Temporary signs shall be allowed in any district without a permit, except as specifically provided herein. There shall not be more than three (3) such signs, excluding political or campaign signs, on any lot. All signs shall be set back a minimum of ten (10) feet. B. During the development of a new subdivision consisting of two or more lots, there shall be allowed one sign in the subdivision not to exceed fifty (50) square feet in surface area and not to exceed eight (8) feet in height. The sign shall advertise the development and may name the subdivision. Subdivision layout, developer, contractors, brokers and financial institutions involved. A permit shall be obtained for the placement of such signs and a fee paid as set by Council resolution. Additional signs having a surface area not exceeding four (4) square feet, and a height not exceeding six (6) feet, directing the public and/or identifying models in the subdivision are also permitted. Both types of signs shall be removed when fifty percent (50%) of the lots are developed or within two years, whichever shall occur first. Such signs shall not be illuminated. C. Campaign signs posted by a bona fide candidate for political office, or by a person or group promoting an issue or a political candidate, may be placed in any district providing such signs do not exceed six (6) square feet per sign in a residential district and thirty-two (32) square feet per sign in any other district. Such a sign may be erected for a period not to exceed sixty (60) days prior to the general election, or sixty (60) days prior to a primary if one is held for a particular office, and shall be removed within five (5) days following the date of the election. Removal shall be the responsibility of the person placing the sign. Each sign shall show the name and address of the person responsible for the placement and removal of the sign. In all cases where the sign is not removed within the time allowed, or after a notice to remove it by the city, the city may cause the sign to be removed and the cost of the removal shall be charged to the person named on the sign. This Ordinance shall not limit the number or size of signs where such limitation is prohibited by Minnesota Statutes, Section 211 B.045. D. An unlighted, on -premises sign, for the purpose of selling, leasing, or renting of lots, premises, or parts of premises shall be permitted in all districts provided such signs shall not exceed four (4) square feet in residential districts and thirty (30) square feet in other districts. Such signs shall be removed within seven (7) days following sale or lease. A corner lot may have two signs. 8 E. Construction signs that identify the architects, engineers, contractors and other individuals or firms involved with the construction, and announce the character of the building, enterprise or the purpose for which the construction is intended, may be erected during the construction period. Signs for this purpose are limited to thirty-two (32) square feet on any one site. The signs shall be confined to the site of construction and shall be removed by the beginning of the intended use of the project. F. Decorative banners, flags, cloth signs, portable signs and search lights may be temporarily used in non-residential districts on a business property for a promotional event not to exceed seven (7) days prior to the event and to be removed immediately after the event. These devices shall be allowed for thirty (30) days maximum. G. Temporary displays that are erected to celebrate, commemorate or observe a civil or religious holiday are permitted. H. Temporary signs for special events by non-profit organizations are permitted, provided the sign does not exceed thirty-two (32) square feet in size. I. Temporary signs not exceeding four (4) square feet advertising home or garage sales at private homes. Those placing such signs are responsible for their removal within twenty-four (24) hours of the conclusion of the sale. Each sign shall show the name and address of the person responsible for the placement and removal of the sign. Other temporary signs shall be authorized by the Zoning Administrator for not more than two (2) months in a calendar year by written permit, which shall show the size, shape, content, height, type of construction and location of such signs and the period during which authorized, upon a finding by the Zoning Administrator, on the basis of written information furnished by the applicant, that the proposed signs are necessary for the direction of the public and not contrary to the purpose and spirit of this Ordinance, and upon payment of a fee as established by the governing body for each permit and renewal of each sign. 1430.06. NONCONFORMING SIGNS It is intended that the City will eliminate nonconforming signs, except as otherwise specifically set forth in this section, as rapidly as the police power of the city permits. Any lawfully erected sign the maintenance of which is made unlawful by this Ordinance may continue to be maintained as such existed at the time when the maintenance thereof became otherwise unlawful under the provisions of this Ordinance, except as herein specified. 2. No nonconforming sign: a. Shall be changed to another nonconforming sign. b. Shall be structurally altered so as to change the shape, size, type or design of the sign. 9 c. Shall be changed to enlarge or extend its nonconformity. d. Temporary signs, in use as of the date of this Ordinance, may continue in use for a period of 2 years after the adoption of this Ordinance, at which time all use shall terminate and all continued use of said signs shall be subject to the terms of this Ordinance. 3. The Zoning Board of Appeals may permit variances from subsection 1430.06, or variances permitting the erection or maintenance of a nonconforming sign only upon the grounds established by law for the granting of zoning variances or upon finding that a grant of a variance will reduce the degree of non-conformance of an existing sign or will result in the removal of one or more lawfully nonconforming signs and replacement by a sign or signs more in keeping with the spirit, purpose and provisions of this Ordinance. 4. Normal maintenance of a legal nonconforming sign is permitted, including necessary structural repairs that do not intensify or extend the nonconforming status. 5. Whenever a legal nonconforming sign has been damaged, and the damage is fifty percent (50%) or more of its fair market value as estimated by the Building Official, the sign must be removed unless a building permit is applied for within 180 days of such damage. 10 Kayla Tschida Brom: Todd Schultz <Tschultz@ci.sauk-rapids.mn.us> ant: Monday, November 25, 2013 3:35 PM To: Kayla Tschida Subject: RE: Dynamic Sign Ordinances Below is our dynamic display language. We do not prohibit billboards yet, but based on our ordinance (setbacks, allowed locations, etc.) there isn't a place that a new one could be installed. We don't really regulate the refacing of existing signs other then they do require a sign permit. Subdivision 17. Dynamic Displays. A. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. Drivers may watch a sign waiting for the next change to occur. Drivers are also distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers are more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed, and become inaccurate without frequent changes. Despite these public safety concerns, there is merit to allowing new technologies to easily update messages. Except as prohibited by state or federal law, sign owners should have the opportunity to use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction and to minimize proliferation in residential districts where signs can adversely impact residential character. Local spacing requirements could interfere with the equal opportunity to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact would obviously be compounded in a corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign's ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, a longer display time is appropriate. A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way -finding purpose and could adversely affect driving conduct through last - second lane changes, stops, or turns, which could result in traffic accidents. Accordingly, dynamic displays generally should not be allowed to occupy the entire copy and graphic area of a sign. In conclusion, the city finds that dynamic displays should be allowed on signs but with significant controls to minimize their proliferation and their potential threats to public safety. B. Regulations. Dynamic displays on signs are allowed subject to the following conditions: Dynamic displays are allowed only on monument signs where otherwise allowed in the C-1, C-2, C-3, D-1 and 1-1 Districts. In addition, Dynamic Display Signs are allowed on billboards located within the delineated areas defined in Subdivision 12. A. 1. and that are in all other respects to Subdivision 3. F. of this Section, considered conforming; 2. A dynamic display may not change or move more often than once every 3 seconds; 3. The transition from one display to another must be instantaneous without any special effects; 4. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign; 5. Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. If there is insufficient room for copy and graphics of this size in the area allowed under clause 1 above, then no dynamic display is allowed; 6. Dynamic displays must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance; 7. Dynamic displays must comply with the brightness standards contained in Subdivision 18; 8. Only one, contiguous dynamic display area is allowed on a sign face; 9. Dynamic displays on signs located inside enclosed buildings visible through windows shall be allowed only in the D-1 District and are exempt from items 1-5 above. a. Shall be no wider than five feet, no taller than one foot; and b. Shall not contain copy/graphic lines more than six inches in height or less than three inches in height; and c. A dynamic display sign in a storefront window is intended to target pedestrian traffic and shall be used only in accordance with the findings stated within item A of this Subdivision. 10. Existing Dynamic Display readerboard signs which exist as of the date of the adoption of this ordinance (March 24, 2008), shall be exempt from articles 2 and 4 above. Subdivision 18. Brightness Standards. A. All signs must meet the following brightness standards in addition to those in Subdivision 17: 1. No sign may be brighter than is necessary for clear and adequate visibility. 2. No sign may be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver's operation of a motor vehicle. 3. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. B. The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city's instructions. The adjustment must be made immediately upon notice of non-compliance from the city. C. All signs installed after March 1, 2008 that will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if it malfunctions, and the sign owner or operator must immediately turn off the sign or lighting when notified by the city that it is not complying with the standards in this section. From: Kayla Tschida[mailto:ktschida@cityofsgoseph.com] Sent: Monday, November 25, 2013 1:20 PM To: matt.glaesman@ci.stcloud.mn.us; Todd Schultz; anita@sartelimn.com; buildingdept@cityoflittlefalls.com; gwalz@cityofineirose.com; tdjesh@albanytel.com; bill.barber@ci.waitepark.mn.us Subject: Dynamic Sign Ordinances Good Afternoon, The City of St. Joseph is in the process of reviewing our ordinances regarding dynamic or digital signs/billboards. It would greatly appreciated if you could take the time to provide responses to the questions below: