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5. Forest LakePrint Forest Lake, MN Code of Ordinances SIGN REGULATIONS § 153.205 SIGNS. (A) Purpose. The purpose of this subchapter is to establish a comprehensive and balanced system of sign control that accommodates the need for a well-maintained, safe, and attractive community, and the need for effective communications, including business identification. It is the intent of this subchapter to promote the health, safety, general welfare, aesthetics, and image of the community by regulating signs that are intended to communicate to the public, and to use signs that meet the city’s goals by authorizing: (1) Signs that establish a high standard of aesthetics; (2) Signs that are compatible with their surroundings; (3) Signs that are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety or unduly distract motorists; (4) Signs that are large enough to convey their intended message; (5) Signs that are proportioned to the scale of, and are architecturally compatible with, principal structures; (6) Signs representing the on-premise owner or occupant; and (7) Signs that create and maintain high quality through sign type and materials. (B) Definitions. Signs are a permitted accessory use in all districts. For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONED SIGN. A sign which no longer identifies or advertises a bona fide business, tenant, service, owner, product or activity, and/or for which no legal owner can be found. ADVERTISING COPY. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. AWNING/CANOPY/SIGN. A sign constructed of flexible translucent or fabric-type material that incorporates a written message or logo on its exterior. BALLOON SIGN. A sign consisting of a bag or similar device of lightweight material supported by helium, hot or pressurized blown air, which is greater than 18 inches in diameter. BANNERS, FLYING BANNERS, PENNANTS, STREAMERS, and FESTOONS. A temporary sign or attention-getting device generally made of flexible materials, such as paper, cloth, plastic, or any non-rigid material, with no enclosing framework. National and state flags shall not be included in this definition. Page 1 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx BILLBOARD SIGN. An off-premise sign structure advertising an establishment, merchandise, service, social/political statement, or entertainment that is not sold, produced, manufactured, or furnished at the property on which the sign is located. BOXED CABINET SIGN. A sign mounted on a face of a building that is roughly rectangular in shape, and provides for internal illumination and the changing of the message of the sign by replacing a single transparent or translucent material such as a Plexiglas/1exan face. This is meant to distinguish between a BOXED CABINET SIGN that is a rectangular box, and one that follows the outlines of the letters of the sign, or an OUTLINED CABINET SIGN. BUILDING WALL AREA. The building wall area fronting on an improved public road frontage is used to calculate the wall area by using the height of the building wall up to the lowest roof line multiplied by the width of the wall area to the outer most edges of its surface to calculate the total wall area. The maximum amount of total sign surface area allowed for a building is established by use of a percent of the total wall area calculated as determined by this subchapter. CHANGEABLE ELECTRONIC COPY SIGN. 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. CHANGEABLE NON-ELECTRONIC COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually. COMMUNITY OR CIVIC PROMOTION SIGN. An attention-getting device, such as a banner, flag, or other sign type promoting events and activities, that is installed and maintained by the city or others. CONSTRUCTION SIGN. Any sign that displays information regarding the construction or development of the site on which it is displayed. DIRECTIONAL SIGN. A sign that serves primarily to direct traffic to the location of a place, area, or activity. FLASHING SIGN. See CHANGEABLE ELECTRONIC COPY SIGN. FREESTANDING SIGN. A sign that is self-supporting and affixed to a frame structure and not attached to a building. FREESTANDING SIGN SETBACK. The minimum horizontal distance between the freestanding sign structure and the street right-of-way, lot line, or other reference point as provided by this subchapter. Distances are to be measured perpendicularly from the property line to the most outwardly extended portion of the structure. FRONT, BUILDING. The primary building wall and main entrance, which may not necessarily front directly onto a public right-of-way. Page 2 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx FRONT, LOT LINE. The boundary of a lot that abuts an existing dedicated street. For lots abutting more than 1 street, the front shall be that which is the minimum frontage. For lots abutting more than 1 street with the same frontage, the city shall determine the front lot line. GROSS AREA, SIGN. (a) AREA OF FREESTANDING SIGN. The area of the actual sign. It does not include embellishments, such as the monument base, pole covers, framing, or decorative roofing, provided there is no advertising copy on or attached to the embellishments. If the freestanding sign is double-faced, only 1 face is used to calculate sign area. (b) AREA OF WALL SIGN. That physical area of the sign constituted as the face upon which the advertisement is borne. The NET SURFACE AREA shall be that area enclosed within the smallest regular geometric figure needed to encompass completely all the letters, insignias, or symbols of the sign, including horizontal spacing between letters, insignias or symbols, and including the physical area constituting the face of the sign. HEIGHT OF SIGN. The vertical elevation of a freestanding sign is measured from the elevation of the ground surface at the base of the sign to the top of the sign structure, limited to the lowest point of the roof or parapet of the principal building with which the freestanding sign is associated. IDENTIFICATION SIGN. A sign containing principally the name of the individual or establishment occupying the premises, and which also may include the street address, telephone number, or other information identifying the use. ILLUMINATED SIGN. Any sign that has characters, letters, figures, designs, or an outline illuminated by electric lights or luminous tubes as a part of the sign proper. (a) BACKLIT. A light source contained within the sign element or sign cabinet that illuminates by shining through a translucent surface or sign face, except where only the letters of the sign copy are illuminated. (b) EXTERNAL. A light source outside the sign element or sign cabinet that illuminates by directing light onto the sign surface, such as by floodlights or spotlight. (c) INTERNAL. A light source contained within the sign cabinet or sign element that illuminates by directing light onto the sign surface, or that illuminates only the letters of the sign copy, and which is not backlighting. (d) NEON. A light source supplied by neon or other gas in which the light tube is bent to form letters, symbols, or other shapes. INSTITUTIONAL SIGN. A sign that identifies the name and other characteristics of a public or semi-public institution on the site where the sign is located. LOGO. An identifying graphic that may or may not be a registered trademark, but which is the official graphic identifier for a business organization. MARQUEE SIGN. A building sign painted on or attached to a marquee. MESSAGE CENTER/TIME/TEMPERATURE DISPLAY SIGN. A sign having electrically changing copy that displays current time, temperature, and/or public service announcements. Page 3 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx MONUMENT SIGN. A freestanding sign, not supported by exposed posts or poles, that is architecturally designed and located directly at grade where the base width dimension is at least as wide as the sign and has no more than 2 sides. MULTI-TENANT CENTER. A group of commercial, retail, service, or professional establishments with a designed occupancy of 2 or more tenants, with shared parking and visual appearance as a contiguous structure that may or may not be planned, constructed, or managed as a total entity. NAMEPLATE. A sign indicating the name and address of a building and/or the name of an occupant therein. NONCOMMERCIAL OPINION SIGN. Any sign, which is not a commercial sign, which expresses an opinion and is deemed by the courts to have greater protection under the First Amendment than a commercial sign. NONCONFORMING SIGN. A sign that does not conform to the requirements of this section. (a) ILLEGAL. A sign which was constructed after the passage of this subchapter or amendments thereto, but which does not conform to the regulations of this subchapter, or a sign which existed prior to the adoption of this subchapter and which did not conform to regulations then in effect. (b) LEGAL. A sign which lawfully existed at the time of the passage of this subchapter or amendments thereto, but which does not conform to the regulations of this subchapter. OFF-PREMISES SIGN. A sign that directs attention to a business or profession or to a commodity, service, or entertainment not sold or offered upon the premises where the sign is located or to which it is attached. ON-PREMISES SIGN. A sign that directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered on the premises where the sign is located or to which it is affixed. ON-SITE DIRECTIONAL SIGN. A sign that serves solely to direct traffic to the location of a place, area, or activity on-site. OUTLINED CABINET SIGN. A sign mounted on the face of a building, which roughly follows the shape of the text of the sign and provides for internal illumination. This definition is meant to distinguish between a cabinet sign that follows the outlines of the letters of the sign and one that is essentially a rectangular box, or a BOXED CABINET SIGN. An OUTLINED CABINET SIGN will be treated more like “individual letter signs,” where the area of the sign is based on the actual outlined shape of the letters enclosed within the smallest regular geometric figure to encompass all letters, insignias or symbols of the sign. PORTABLE SIGN. A sign, with or without copy and/or graphics, that is constructed or placed upon a chassis with wheels, legs, or skids in order to be movable from one location to another, such as may be mounted on an automobile or trailer. This definition does not include permanent identification signs painted directly on vehicles, principally used for transportation, but does include such signs if the vehicles are not used for transportation purposes but are intended rather as a structure to support a sign. Page 4 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx PROJECTING SIGN. A sign with a face perpendicular to the wall of a building upon which it is attached. PROJECTION SIGN. A sign that is projected by means of a light on an exterior wall or other exterior surface. PYLON SIGN. Any permanent, freestanding sign mounted on posts or columns. REAL ESTATE SIGN. Any sign pertaining to the sale, lease, or rental of land or buildings. ROOF SIGN. A sign mounted on the roof of a building or projecting above the top of the wall or parapet of a building with a flat, gambrel, gable or hip roof, or deck line of a building with a mansard roof. SANDWICH BOARD SIGN. A freestanding temporary sign with only 2 sides that is situated adjacent to a business with the intent to attract traffic to the business. SIGN. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services. This includes symbols, flags, pictures, wording, figures, or other forms of graphics painted on or attached to windows, walks, awnings, freestanding structures, suspended by balloons or kites, or on persons, animals, or vehicles. SIGN REFACING. As it pertains to on-premises, permanent wall and freestanding signs and billboard signs, replacing the existing advertising sign face area that is attached to or supported from the sign cabinet and/or main structure. This definition does not include any other rebuilding, reconstructing or reconfiguration of the existing sign cabinet and/or existing supporting structure. TEMPORARY SIGN. A sign designed or intended to be displayed for a short period of time, and that is not permanently installed. This includes, but shall not be limited to, banners, flying banners, sandwich board signs, pennants, and flags other than community promotion signs, garage sale signs and flyers, for-sale real estate signs, and lawn/curb signs. TRAFFIC VISIBILITY. The final location of a freestanding sign shall be approved by the city. Signs shall be placed in such a manner so as to not pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from the driveway or street right-of-way. Each sign location is reviewed by the city on a case-by-case basis as part of the sign permit process. WALL-MOUNTED SIGN. A sign attached essentially parallel to and extending not more than 24 inches from the wall of a building, with no advertising copy on the sides or edges. (C) General. (1) Scope of regulations. The sign regulations set forth in this subchapter shall apply to all structures, properties and land uses in the city. (2) Compliance with standards. No person shall place, erect, or maintain a sign, nor shall a lesser or owner permit property under his or her control to be used for any sign that does not conform to the requirements of this subchapter. (3) Regulations. The following general regulations shall apply to all signs. Page 5 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (a) Signs existing on the effective date of this subchapter that do not conform to the regulations set forth in this subchapter are considered nonconforming. (b) Except for billboard signs as regulated by § 153.209, signs shall not be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (c) The city may specify the hours any sign may be illuminated. The hours of illumination may be specified on the permit or any time during the life of the sign. Illuminated signs shall have a shielded light source and conform to the lighting requirements in § 153.185. (D) Prohibited signs. The following signs and advertising devices shall be prohibited: (1) Any sign that, by reason of its location, shape, movement, color, lighting intensity, or any other manner, interferes with the proper and safe functioning of a traffic sign or signal, obstructs the vision of pedestrians, cyclists, or motorists traveling on or entering public streets, or otherwise constitutes a traffic hazard or a public nuisance, as defined by the city; (2) Balloon signs or standard balloons greater than 18 inches in size; (3) Pennants, ribbons, streamers, festoons, flying banners; (4) Flashing signs; (5) Portable signs; (6) Roof signs, including signs mounted on a roof surface or projecting above the roofline or wall of a structure, if either attached to the structure or cantilevered over the structure, except as allowed by § 153.208(J); (7) Signs painted on or attached to trees, rocks, or other natural surfaces or attached to public utility poles, bridges, or similar public structures; (8) Signs painted on buildings or fences in any district, except for murals or artwork approved by the City Council; (9) Search lights, strobe lights, or projection signs; (10) Signs in the public right-of-way or easements or any type unless otherwise approved by this subchapter; (11) Temporary or permanent off-premise signs, except as provided in § 153.210, Billboards, and § 153.210(C)(3), Temporary agricultural signs. (E) Exempt signs. The following signs are exempt from the requirements of this subchapter: (1) Official public notices or signs required by local, state, or federal regulations; (2) Governmental signs, including but not limited to, traffic control and other regulatory purpose signs, street signs, informational signs, danger signs, local government park signs, local government building signs, and railroad crossings; (3) Home security signs, "no trespassing," and "no parking" signs, provided the total signage on a zoning lot shall not exceed 2 square feet in area, the signs shall not be placed or maintained in the public right-of-way, and shall not be illuminated; Page 6 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (4) Historical plaques by recognized historical agencies, provided the signs shall not be placed or maintained in the public right-of-way, shall not be illuminated, and shall not exceed 4 square feet in area; (5) Permanent or temporary interior signs not visible from the exterior of a structure; (6) Informational signs displayed strictly for the convenience of the public, including signs identifying restrooms, waste receptacles, addresses, doorbells, mailboxes, or building entrances; (7) Permanent window signs occupying no more than 25% of the window area in commercial districts, mixed use commercial districts, industrial districts, and existing nonconforming commercial uses fronting on a minor connector roadway as shown in the adopted Comprehensive Plan. (F) Sign permit. (1) Application procedure. No person shall erect, place, construct, reconstruct, alter, or relocate any sign without a permit. The application for a permit shall be submitted on a form furnished by the city. A sign permit is not required for signs specifically exempted by these regulations, the refacing of an existing wall or freestanding sign advertising sign face area, the changing of the temporary message content of a temporary or permanent sign, including but not limited to, temporary or permanent window signs, changeable electronic and non-electronic copy temporary messages, gasoline prices, and drive-thru menu board pricing and food items, provided that all other requirements of this subchapter are met. (2) Issuance of sign permit. Upon filing of an application, the city shall examine the plans and accompanying data and determine if they are in compliance with the provisions of this subchapter. Sign permits shall expire 180 days from the date of issuance for all permanent signs if the sign has not been constructed or installed. (3) Fee. The applicant shall pay a permit fee, which is a flat fee established by ordinance on an annual basis. In addition to the permit fee, an applicant for a billboard sign must pay an initial fee and an annual fee established by ordinance on an annual basis. (4) Sign installer. No person, firm, or corporation shall engage in the business of erecting, placing, constructing, reconstructing, altering, or relocating permanent wall signs or freestanding sign structures within the city, without first having procured a license from the city for a fee established by ordinance payable on an annual basis, except that the owner, lessee or occupant of the property upon which the sign is located may perform the actual work, provided the person has obtained a permit for the sign. Any person who shall violate any provision of this division shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with § 10.99 of the City Code, and the person's license granted under this division may, in such case, be revoked by the City Council. (Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) § 153.206 CHANGEABLE ELECTRONIC COPY SIGNS. Within all zoning districts except where prohibited by this subchapter, changeable electronic copy signs shall be permitted based on the following regulations: Page 7 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (A) Changeable electronic copy signs are allowed only on a freestanding sign. Changeable electronic copy signs may occupy no more than the percentage allowed as determined in the appropriate zoning district for which the sign is located. Time, date, or temperature information shall be counted towards the total area of the changeable electronic copy area permitted. Price information for motor fuel stations shall not be counted towards the total area of the changeable electronic copy area permitted. The remainder of the sign must not have the capability to have changeable electronic copy even if not used. Only 1 contiguous changeable electronic copy area is allowed on a sign face; (B) A changeable electronic copy sign may not change or move more often than once every 15 seconds. (C) The images and messages displayed must be static, and the transition from one static display to another must be instantaneous without any special effects; (D) 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; (E) Changeable electronic copy signs must be designed and equipped to freeze the device in 1 position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions. The sign owner must immediately stop the dynamic displays when notified by the city that it is not complying with the standards of this chapter; (F) Changeable electronic copy signs shall be restricted in their illumination and brightness. All signs with electronic copy must be equipped with an automatic dimmer control or other mechanism that automatically controls the sign's brightness to assure at any time the sign's intensity does not exceed the lighting standards contained in § 153.185. If there is a violation of the brightness standards, the adjustment must be made within one 1 business day upon written and or verbal notification from the city. (G) Operation of any changeable electronic copy sign not in compliance with § 153.206 in its entirety will require the changeable electronic sign owner or operator to turn off the display, within 1 hour of written and or verbal notification from the city, and make adjustments to meet all requirements of § 153.206. The sign may not be turned back on until all operating adjustments have approval by the city. (Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) § 153.207 SIGNS IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. Within the residential districts, the following signs are permitted: (A) Address/building name sign. One address/building name wall sign, not exceeding 10 square feet in area, for multi-family and non-residential uses. (B) Wall sign for existing nonconforming commercial uses. The total aggregate square footage of all wall signs shall not exceed the sum of 15% of leased or owned building wall area on an improved public road frontage. No more than 2 wall signs shall be allowed on an improved public road frontage for an individual business. The maximum sign surface area for an individual Page 8 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx wall sign may not exceed 200 square feet. See § 153.208(C) through (J) for additional commercial wall sign requirements. (C) Home occupation sign. One non-illuminated home occupation sign, not to exceed 6 square feet, for single-family residential properties only. (1) The sign must be located in the required front yard only. (2) The sign shall be setback a minimum of 10 feet from the public right-of-way and a minimum of 5 feet from a side property line, and shall meet traffic visibility requirements as defined in § 153.205(B). (3) The sign must be made of wood or metal. The sign shall be non-illuminated and supported by a wood or metal post and frame. (4) The maximum height of the sign, from grade to the highest point of the sign, shall not exceed 6 feet. (5) The sign must not have more than 2 sides. (6) A sign permit is required. A certificate of compliance for a home occupation may be required to be obtained before a sign permit will be allowed by the city. (D) Agricultural business sign. An agricultural business sign is permitted with the following regulations: (1) The maximum sign area cannot exceed 32 square feet; (2) The maximum height of the sign, from grade to the highest point of the sign, shall not exceed 6 feet; (3) The sign shall be non-illuminated; (4) The sign shall be made of wood, metal, or a combination thereof; (5) The sign shall be located a minimum of 20 feet from the side or front property line, and shall meet traffic visibility requirements as defined in § 153.205(B); (6) The sign shall be located within the required front yard; (7) No more than 1 sign is permitted on any 1 property; (8) The sign must not have more than 2 sides; (9) Agricultural business signs shall be allowed in all districts where an agricultural business is permitted. (E) Freestanding neighborhood identification sign. One freestanding neighborhood identification monument sign is permitted for residential developments, unless otherwise approved as part of a PUD, with the following regulations: (1) The identification sign shall not exceed 32 square feet in area per surface; (2) The maximum height shall be 6 feet; Page 9 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (3) The sign must be located a minimum of 10 feet from the public right-of-way and a minimum of 5 feet from all other property lines, and shall meet traffic visibility requirements as defined in § 153.205(B); (4) The sign may be externally illuminated and shall meet the lighting requirements of § 153.185; (5) The sign must be maintained by landlord/property owner or homeowners' association; (6) The sign must not have more than 2 sides. (F) Freestanding sign for non-residential uses or existing nonconforming commercial uses. One freestanding sign is permitted for each permitted non-residential use and existing non- conforming commercial use, with the following regulations: (1) Single- or multi-tenant building or develop- ment. One freestanding sign shall be allowed for a single- or multi-tenant building or development. (2) Non-residential uses and existing noncon- forming commercial uses. The surface area shall not exceed 80 square feet, and may include up to 50% of the total area as changeable electronic or non-electronic copy for signs fronting on a minor connector roadway as shown in the adopted Comprehensive Plan. (3) Non-residential use. The surface area shall not exceed 40 square feet, and may include up to 50% of the total area as changeable electronic or non-electronic copy for signs fronting on a local street. (4) Maximum height. The maximum height for a freestanding sign shall be the lowest point of the roof or parapet of the principal building with which it is associated. (5) Base of a monument sign. The base of a monument sign shall be designed with compatible materials and color that architecturally match the principal structure with which it is associated. The width of the base shall not exceed the width of the sign face. (6) Base of a pylon sign. The base of a pylon sign shall be designed with compatible materials and color that architecturally match the principal structure so that posts or column supports are not exposed. (7) No more than 2 sides. A sign may not have more than 2 sides. (8) Setbacks. The sign shall be located a minimum of 10 feet from the public right-of-way and a minimum of 5 feet from all other lot lines, and shall meet traffic visibility requirements as defined in § 153.205(B): (9) Illumination and lighting requirements. The sign may be internally or externally illuminated and shall meet the lighting requirements of § 153.185. (Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) § 153.208 WALL SIGNS AND FREESTANDING SIGNS IN ALL COMMERCIAL, MIXED USE COMMERCIAL, AND INDUSTRIAL ZONING DISTRICTS. Page 10 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx Within the commercial, mixed use commercial, and industrial districts, wall signs and freestanding signs are permitted as follows: (A) Address/building name sign. One address/ building name wall sign for each commercial building, not exceeding 10 square feet in area, is allowed. This sign does not count toward total aggregate square footage allowed for wall signs. (B) Wall sign commercial and industrial uses. The total aggregate square footage of all wall signs shall not exceed the sum of 15% of leased or owned building wall area on an improved public road frontage. No more than 2 wall signs shall be allowed on an improved public road frontage for an individual business. The maximum sign surface area for an individual wall sign may not exceed 200 square feet. (C) Individual letters/channel-raceway letters wall sign. (D) Outline cabinet wall sign. (E) Flatpanel wall sign. (F) Logo as part of a wall sign. (G) Projecting wall sign. Projecting signs are permitted with the following requirements: (1) Projecting signs may encroach 5 feet into a required yard setback in the MU-1 Zoning District. In all other districts, a projecting sign must meet building setbacks; (2) Projecting signs must be at least 8 feet above a public/private sidewalk; (3) The maximum area of a projecting sign is 10 square feet; (4) Projecting signs are calculated as wall signs. (H) Awning sign. Awning signs are permitted and calculated as a wall sign. (I) Master wall sign plan for multi-tenant buildings. A master sign plan may be proposed for existing or new multi-tenant buildings, shopping centers, and commercial and residential Planned Unit Developments (PUDs). In the case of a commercial multi-story building, a master sign plan is required. The master sign plan shall be submitted to the city and shall be of sufficient scope and detail to permit a determination as to whether or not the plan is consistent with the regulations of this subchapter or adopted as part of PUD standards. The purpose of the master sign plan is to determine the specific individual tenant sign requirements for the facility. Existing approved master sign plans for single-story multi-tenant buildings not part of a PUD may either follow the existing approved plan, or may follow current regulations provided in this subchapter. Building owner approval, in writing, will be required for all signs in a multi-tenant building, and shall be submitted with the required sign permit application. (J) Location of wall signs on existing commercial buildings with residential architecture. Roof signs are prohibited by § 153.205(D)(6). Exception is made for existing commercial buildings that have residential architectural character to be placed above the lowest roof line. In the case of a hipped roof, mansard roof, gable-end roof, and dormers, wall signs may be placed above the lowest roof line of a building if no alternatives exist due to the architectural characteristics of the building. The final location of the wall sign above the lowest roof line shall be minimized and be approved by the city as part of the sign permit process. Page 11 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (K) Illumination and lighting requirements. Wall signs may be internally or externally illuminated and shall meet the lighting requirements of § 153.185. (L) Freestanding sign in the B-l and NC Zoning Districts. One freestanding sign shall be allowed for a single- or multi-tenant commercial building, with the following regulations: (1) The surface area shall not exceed 40 square feet for a single-tenant building and 80 square feet for a multi-tenant building, and may include up to 50% of the total area as changeable electronic or non-electronic copy. (2) The maximum height for a freestanding sign shall be the lowest point of the roof or parapet of the principal building with which it is associated. (3) The base of a monument sign shall be designed with compatible materials and color that architecturally match the principal structure with which it is associated. The width of the base shall not exceed the width of the sign face. (4) The base of a pylon sign shall be designed with compatible materials and color that architecturally match the principal structure so that post or column supports are not exposed. (5) The sign may be internally or externally illuminated and shall meet the lighting requirements of § 153.185. (6) The sign may not have more than 2 sides; (7) No freestanding sign, or any part thereof, shall be located closer than 10 feet from the public right-of-way and 5 feet from all other lot lines, and shall meet the traffic visibility requirements as defined in § 153.205(B). (M) Freestanding sign in the MU-2, B-2, B-3, BP, and I Zoning Districts. One freestanding sign shall be allowed for a single- or multi-tenant commercial building, with the following regulations: (1) The surface area shall not exceed 100 square feet and may include up to 50% of the total area as changeable electronic or non-electronic copy. (2) Parcels fronting on Interstate Highway 35 are allowed 1 additional freestanding sign, not to exceed 100 square feet in area and a height of 30 feet. The secondary sign shall be located between the principal building and I-35, and shall be setback 20 feet from the I-35 right-of-way. (3) Parcel(s) in the B-2 Zoning District fronting on West Broadway with a secondary road frontage on 1st Avenue NW west of 8th Street NW may have a second freestanding sign, with a surface area not to exceed 10 square feet and 4 feet in height. (4) The maximum height for a freestanding sign shall be the lowest point of the roof or parapet of the principal building with which it is associated. (5) The base of a monument sign shall be designed with compatible materials and color that architecturally match the principal structure with which it is associated. The width of the base shall not exceed the width of the sign face. (6) The base of a pylon sign shall be designed with compatible materials and color that architecturally match the principal structure so that post or column supports are not exposed. Page 12 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (7) The sign may be internally or externally illuminated and shall meet the lighting requirements of § 153.185. (8) The sign must not have more than 2 sides, (9) No freestanding sign, or any part thereof, shall be located closer than 10 feet from the public right-of-way and 5 feet from all other lot lines, and shall meet traffic visibility requirements as defined in § 153.205(B). (N) Freestanding sign in the MU-1 Zoning District. No freestanding signage is permitted in the MU-1 District. (Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 573, passed 3-10- 2008; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) § 153.209 BILLBOARD SIGNS. BILLBOARDS are off-premise signs that direct attention to a business, commodity, service, or entertainment not exclusively related to the premises where the sign is located, or to which it is affixed. Billboards shall be permitted only on those properties in the B-2 and B-3 Districts with direct frontage on Interstate Highway 35. (A) Billboard permits. No sign as permitted by this section shall be erected, altered, or relocated without first securing a permit from the city. Within 90 days from the effective date of this section, applications for permits shall be made for all signs described within this division that are presently erected, whether or not a permit had been previously issued. The application shall be submitted in the same form as that required for a new sign under this subchapter. In the event a permit had previously been issued, no additional fee shall be collected for the new permit. (B) Applications for permits. (1) The billboard permit application shall be signed by the applicant. When the applicant is any person other than the owner of the property, the owner of the property shall also sign it. 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 structure; (c) Scaled drawing showing position of the sign or advertising structure in relation to the nearest buildings, structures, public streets, right-of-way, and property lines; (d) Plans and specifications and method of construction or attachment to the building or the ground, including all dimensions, all construction materials, a description of all light sources, wattage, types and color of lights, and details of any light shields or shades; (e) If required by the city, a copy of stress sheets and calculations, showing the structures as designed for dead load and wind velocity, in the amount required by this section and all other sections of the City Code, will be furnished; (f) Any electrical permit required for any sign; Page 13 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (g) Other information as may be required by the city. (2) In addition to the above application, an agreement must be entered into with the city which will authorize and direct the city to: (a) Remove and dispose of, at the owner’s expense, any sign and sign structure on which a permit has been issued but not renewed by the owner, and not removed by the owner within a 30-day period following the expiration of the permit; and/or (b) Remove, at the expense of the owner, the sign and sign structure, where maintenance is required but not furnished after a hearing and a 10-day notice to the owner specifying the maintenance required by the city. (3) The following operations shall not be considered as creating a sign and shall not require a billboard permit: (a) The changing of the advertising copy or message; (b) Painting, repainting, cleaning, and other normal maintenance and repair of a sign or sign structure unless a structural change is made. (4) The issuance of a permit may also be subject to conditions imposed by the city in order to promote a more reasonable combination of signs and to promote conformity with the character and uses of adjoining property. (C) Size and distance limitations. (1) The maximum sign per facing of a freestanding advertising sign permitted under this section shall be 600 square feet. Two facings per structure shall be the maximum permitted, and double-faced signs shall be attached back-to-back or V-shape. (2) A maximum height of 40 feet above lot grade measured by the vertical distance from the elevation at the centerline of Interstate Highway 35, measured to the top of the sign structure or from the elevation of the ground surface at the base of the sign to the top of the sign. (3) The minimum lineal distance between advertising signs permitted under this section on the same side of the highway shall be 500 feet. (4) The minimum setbacks for signs shall be twice the height from all property lines. (Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010; Am. Ord. 608, passed 5-23-2011; Am. Ord. 616, passed 7-9-2012) § 153.210 TEMPORARY SIGNS. Temporary signs as defined and regulated in this subchapter shall further comply with the following provisions. (A) Temporary emergency or special situation signs. The city may approve the construction of a temporary sign not specifically defined in this subchapter if a valid need is shown to exist by virtue of an emergency or special situation. The duration, location, size, and other conditions regarding the sign shall be established by the city at the time of approval through the issuance of a temporary sign permit. Page 14 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (B) Temporary sign permit exemption.The following signs do not require a permit or permit fee, but are still subject to the other standards of this section. (1) Temporary political campaign signs. (2) Temporary on-site and off-site real estate signs pertaining to the sale, rental, or development of real property. (3) The changing of a temporary message on a permanent changeable copy sign. (4) Temporary construction signs designating the architects, lending institutions, engineers, or contractors, when placed on a site where a building is to be constructed within 60 days, shall be maintained on-site no more than 30 days after the issuance of a certificate of occupancy. (5) Temporary window signs. (6) Temporary residential signs advertising garage sales, provided the signage on a zoning lot shall not exceed 8 square feet in area, and the signs shall not be placed or maintained in the public right-of-way, and shall not be illuminated. (7) Temporary non-commercial opinion signs. (C) Temporary signs in business, commercial, mixed use, and industrial districts. (1) Temporary banner sign. No more than 1 temporary banner, not exceeding 40 square feet in area, may be located on an outside building wall and shall not be placed in any other location. Each temporary sign shall be permitted to be displayed for a maximum period of 30 consecutive days 4 times per year, with an approved temporary sign permit. No more than 1 banner, not exceeding 40 square feet in area, may be placed on the outside building wall between December 1 and January 3 without an approved temporary sign permit. A new permit must be obtained for every 30-day period. No fee is required for a temporary banner permit. (2) Temporary sandwich board sign. A maximum of 1 sandwich board sign per business is permitted in business, commercial, and mixed use districts. Sandwich board signs shall be displayed only during open business hours and must be removed daily. A permit is not required. (a) Sandwich board signs may be no more than 6 square feet in area. (b) Sandwich board signs must leave a minimum of 5 feet of clearance for pedestrian access if placed on a public or private sidewalk. Sandwich board signs may not hinder the ability of persons to access vehicles parked at the curb and/or access to a building, (c) Sandwich board signs shall be maintained in a good appearance at all times. (d) No sandwich board sign shall be secured, tethered, or installed on traffic devices, utility equipment, street trees, street furniture, street lights, or any other public fixture. (e) Sandwich board signs are temporary signs and shall not be counted towards the total sign area of the site for permanent signage. (3) Agricultural business, off-premises, direc- tional, temporary, sandwich board sign. One off-premises, temporary, agricultural business, directional sign is allowed, if the following criteria are met: Page 15 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx (a) The applicant has written permission from the property owner to place the agricultural business, off-premises, directional, temporary, sandwich board sign on the owner's property, The property on which the sign is to be placed must be adjacent to the property on which the agricultural business is being operated. A copy of the document granting permission to the sign owner for placement of the sign shall be provided to the city for record. (b) The agricultural business, off-premises, directional, temporary, sandwich board sign shall meet the requirements of § 153.210(C)(2)(a), (c), (d) and (e). (D) Other temporary sign requirements. (1) Community and civic promotion signs. The size, location, frequency, and duration of such signs may vary, depending on the nature of the promotion or civic event. A temporary permit is not required. (2) Responsibility for temporary signs. Temporary signs located on private property shall have the express consent of the property owner. (3) Temporary real estate signs. It is the intent of this provision to prohibit the use of long- term real estate signs to advertise units or space in multiple-family residential structures or business and industrial structures or development that are periodically or perpetually available for sale, rent, or lease. Short-term real estate signs shall be removed when 85% of the project is sold or leased. (a) Signs which advertise the sale or lease of property in any district may be placed within the required front yard of any property to be sold or leased, and shall not be in excess of 32 square feet per surface. The signs shall not be less than 10 feet from the right-of-way line unless flat against the structure. (b) For the purpose of selling or promoting a residential project of 6 or more dwelling units, any commercial area or an industrial area, 2 signs, not to exceed 64 square feet of advertising surface, may be erected upon the project site at each entrance to the project. The sign shall not be less than 10 feet from any public right-of-way line. (c) Temporary, off-site, open house directional signs, advertising the sale of residential real property, are allowed with the consent of the property owner on whose property the signs are placed. The signs shall be promptly removed at the completion of the open house and no later than 6:00 p.m. on the same day. Off-site open house signs may not be placed in the public right- of-way. (d) Temporary, off-site, real estate directional signs are allowed, but shall be limited to 2 square feet, and shall include the name and telephone number of the person or company responsible for the signs. The signs shall be promptly removed upon the sale of the property. Off-site real estate signs may not be placed in the public right-of-way. (4) Temporary political election signs. Political signs are allowed in any district on private property with the consent of the owner of the property. Political election signs must be placed and removed according to state law. Political signs may not be placed in the public-right-of-way. (5) Temporary window signs. No more than 50% of the total window area may be used for the display of a temporary sign message. (Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) Page 16 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx § 153.211 SIGN CONSTRUCTION AND MAINTENANCE. (A) Conformance with the Building Code. The construction of all signs permitted by this subchapter shall be made in accordance with the provisions of the Building Code as administered by the city. (B) Safety. No sign or structure shall be erected in such a manner that any portion of its surface and/or supports will interfere in any way with the free use of any fire escape, exit, or standpipe. No sign shall obstruct any window. Signs shall be so located as to maintain all required clearances from overhead power and service lines. (C) Posts and columns. Sign support structures for all freestanding signs, except monument signs, shall be limited to posts or columns not in excess of that commonly required to support the size and weight of the sign. (D) Sign maintenance. All signs and sign structures shall be properly maintained and kept in a safe and presentable condition. Vegetation around, in front of, behind, and underneath the base of any freestanding sign shall be neatly kept and free of weeds. No accumulation of rubbish or debris shall be permitted. (Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) § 153.212 ADMINISTRATION, COMPLIANCE, AND ENFORCEMENT. (A) Nonconforming signs. (1) Legal, nonconforming, permanent signs. Legal, nonconforming, permanent signs, such as pylon and flashing signs, lawfully existing at the time of adoption of this subchapter, shall be allowed to continue as determined by state law. (2) A nonconforming sign may be repaired, replaced, and maintained, but cannot be enlarged or altered in a way which increases its nonconformity. (3) Should such sign or sign structure be destroyed by any means to an extent greater than 50% of its replacement cost, and no building permit has been applied for within 180 days of when the property was damaged, it shall not be reconstructed except in conformity with the provisions of this subchapter. (4) Should such sign or sign structure be moved for any reason, it shall thereafter conform to the regulations for the zoning district in which it is located. (B) Variances. Requests for variances from sign size of a sign, number of signs, and setback requirements of this section may be made pursuant to § 153.036. (C) Violations. (1) Written order to alleged violator. When, in the opinion of the city, a violation of this subchapter exists, the city shall issue a written notice to the alleged violator, which may include an order directing the removal of any sign erected or maintained in violation of this subchapter. The notice shall describe the violation and shall state that the owner or user of a permitted sign has 15 days from the date of the notice in which to correct the alleged violation or to appeal to the Council. In the case of a temporary sign violation, the owner or user of the temporary sign Page 17 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx has 24 hours (or less as determined by the city) from the date of notice to correct the alleged violation. Upon failure to remove or to comply with the notice, the city shall remove the sign. Any costs of removal incurred by the city shall be assessed to the owners of the property on which the sign was located, and may be collected in the manner of ordinary debt or in the manner of taxes with all costs assessed against the property. (2) Defective or unsafe signs. If upon inspection the city finds that a sign is abandoned or structurally, materially, or electrically defective, or in any way endangers the public, the city shall issue a written order to the owner of the sign and occupant of the premises, stating the nature of the violation and requiring the repair or removal of the sign within 30 days of the order. (3) Emergency. In cases of emergency, the city may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present a hazard to the public safety or welfare. The city may cause the removal of any temporary sign that has not been promptly removed as specified in this subchapter or by the specific sign permit, or for failure to comply with written orders of removal or repair, or which has been placed in a prohibited location. (4) Mailed notice of removal. After removal or demolition of the sign, a notice shall be mailed to the sign owner, stating the nature of the work and the date on which it was performed, and demanding payment of the costs as certified by the city. The removal of temporary signs placed in the public right-of-way or on city property shall require no notice and such signs shall be discarded by the city. (Ord. 537, passed 11-8-2004; Am. Ord. 596, passed 2-8-2010; Am. Ord. 616, passed 7-9-2012) Page 18 of 18CHAPTER 153: ZONING CODE 6/29/2015http://www.amlegal.com/alpscripts/get-content.aspx