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5.1 HPSR 10-17-2013 Elk - .- Request for Action River To ITEM NUMBER Heritage Preservation Commission 5.1 AGENDA SECTION MEETING DATE PREPARED BY General October 17, 2013 Zachary Carlton,Planning Intern ITEM DESCRIPTION REVIEWED By Review of Draft Sign Ordinance Chris Leeseberg,Park Planner-Planner REVIEWED BY Jeremy Barnhart, Deputy Director, CODD Action Requested Provide feedback and recommendations regarding the draft sign ordinance. Background/Discussion Late last fall, the Chamber of Commerce approached staff with the goal of reviewing the sign ordinance and provided a number of recommendations. With these recommendations, staff has prepared a draft ordinance that adequately balances the needs and desires of the business community, and the community at large. The Planning Commission has begun reviewing this draft, holding its public hearing on October 8. The issue of signage in the downtown district has received special interest from the business community during this review,in particular, free standing and electronic changeable copy signs. The Decklan Group,representing Granite Shores,has also submitted a suggestion for a new sign type in the downtown, see attachment. In staff's opinion, freestanding and changeable copy signs drastically impact the neighborhood character of the downtown district. Staff seeks Heritage Preservation Commission thoughts on the subject prior to finalizing the text. The Planning Commission will receive any HPC comments during their workshop, scheduled for October 22. Financial Impact N/A Attachments • Planning Commission packet dated October 8, 2013 • Decklan Group proposal EI - ,,,,,., Request for Action River To - ITEM NUMBER Planning Commission 5.1 AGENDA SECTION MEETING DATE PREPARED BY Planning Commission October 8,2013 Zachary Carlton,Planning Intern ITEM DESCRIPTION REVIEWED By Review of Draft Sign Ordinance Chris Leeseberg,Park Planner-Planner REVIEWED BY Jeremy Barnhart,Deputy Director, CODD Action Requested Recommend,via motion adoption of the ordinance as drafted. Alternatively,the Planning Commission may continue action on the item or deny all or part of the proposed changes to the sign ordinance. Background/Discussion Late last fall,the Chamber of Commerce approached staff with the goal of reviewing the sign ordinance. Recognizing several years had passed since a comprehensive sign review,staff supported the request,and the Council agreed. With these recommendations, staff has prepared a draft ordinance that adequately balances the needs and desires of the business community and the community at large. In general,the draft ordinance attempts to establish a standardized format for each district specific section and address the readability and clarity of certain sections. Chamber Recommendations Wall Sign Area The recommendation from the Chamber of Commerce is to use a percentage of the wall space as a limiting factor for sign size.Using a percentage of wall area balances building and sign size,allowing larger businesses more signage. Staff agrees with this technique for calculating sign area. The Chamber recommended 15 percent as the limiting factor.Staff felt that 15 percent was too large,allowing signs that are out of scale with the building. Staff spent considerable time evaluating the appropriate ratio,attempting to balance the need to communicate with the community character. Based in this research, staff recommends.five percent as the limiting factor for wall sign area. Freestanding Signs The Chamber recommends allowing pylon,monument,or freestanding signs for buildings with multiple tenants in the downtown district.Additionally,staff met with the downtown business group to discuss their interest in freestanding signs in the downtown district The group desires freestanding signs in downtown to promote businesses and community events.The downtown group has recommended N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign ordinance\SR Review of the Sign Ordinance.docx regulations similar to the C-1 zoning district, allowing a maximum height of 20 feet and 64 square feet in area. The recently completed Mississippi Connections Redevelopment Framework plan for downtown highlights the need"to develop a comprehensive plan that will redefine the`greater downtown area'to preserve its historical character while promoting the future viability of the community"Staff does not recommend amending the ordinance to allow freestanding signs in the downtown district. Staff believes that signs of this sort would detract from the fragile character of downtown. Advertising Signs (billboards) Chamber recommendations include allowing Advertising signs (billboards)in the Commercial Reserve Transition (CRT) zoning district and removing the language stating the billboards are classified as a principle use. Staff met with a local advertising company and discussed the changes they would like to see regarding billboards in Elk River.Their requests are similar to the Chamber recommendations and emphasize a desire for additional signage along Highway 169. Staff does not recommend changing the ordinance to allow additional billboard opportunities. Once in place,these types of signs are governed by federal law and when development continues in the CRT area, the presence of billboards may act as a hurdle to proposed uses/development Billboards function as a prominent voice in the communication of a certain character,a character not desired in the evolution of Elk River. Temporary Signs The Chamber recommends allowing portable signs (sandwich boards) of up to 25 square feet in retail areas and limiting them to within 25 feet of a business.Additionally,the recommendations included removing restrictions on temporary signs while road construction is taking place in front of businesses or major access roads to businesses. The ordinance currently allows portable signs,up to six square feet,and in the downtown district only. Staff is proposing to increase the maximum permitted height from four feet to five feet.Additionally, staff is recommending an increase in the number of portable signs,in the downtown district,to one per public entrance.Staff recommends limiting the location of portable signs to the area directly in front of the respective business. Digital Signs The Chamber recommended updating the digital changeable copy section of the sign ordinance. The draft ordinance includes an expanded section pertaining to digital changeable copy signs.The additional regulations are derived from the conditions applied to the digital billboard approved earlier this year and include:requiring static displays,limiting transition times to two seconds,limiting advertisements to at least eight seconds,automatic dimming to match ambient light,and automatic shutoffs to freeze the display during malfunctions. Meeting with Downtown Businesses N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign ordinance\SR Review of the Sign Ordinance.docx Staff met with representatives from the downtown business group on October 1,2013 to discuss changes to the sign ordinance. The discussion included • Allowing molded plastic cabinet signs the downtown district as a more cost effective alternative to currently allowed wall signs. o Staff believes that allowing pla•tic cabinet signs in the downtown district would detract from the unique character of e area. • Increasing maximum wall sign area fro 32 square feet and the maximum height from 24 inches to 36 inches,accommodating business s with more street frontage. o Staff supports exploring this s•lution. • Increase the maximum window sign c•verage from 50 percent to 80 percent o Staff feels that 50 percent is ap•ropriate and that the other allowable sign types provide adequate advertising space. • Remove language regulating tempor. , banner type signs in the downtown district (no permit and unlimited time).Temporary signs are •ently regulated by section 30-866 and apply to the entire city. o Deregulating banner signs would essentially provide another permanent wall sign opportunity and remove the opportunity for regulation. • Allow freestanding signs in the downtown district. o The report addresses this in an earlier section Financial Impact N/A Attachments • Analysis/recommendations from the Chamber of Commerce • Letter from Franklin Outdoor Advertising dated September 3,2013 • Ordinance amendment with tracked changes • Clean version of ordinance amendment N:\Departments\Community Development\Planning\Case Files\OA\OA 13-02 Sign ordinance\SR Review of the Sign Ordinance.docx (FRANKLIN) 320558.3000.800.221.4144•fax 320.558.3004 OUTDOOR ADVERTISING "Outdoor Advertising SELLS for you all day,every day" September 3,2013 To:Elk River City Council and Planning Commission RE: Sign ordinance. Greetings Councilors and Commissioners Recently,in addition to staff's review of the sign ordinance,the Government Relations Committee of the Elk River Chamber of Commerce reviewed the sign ordinance. I believe they have submitted their recommendation to city staff. This letter is in support of the recommended amendments submitted by the Elk River Chamber of Commerce. As a member of the committee reviewing the sign ordinance,there were two main areas of concern. The first was a need for increased business signage on walls and freestanding signs. The second was the lack of billboards along the hwy 169 corridor and limited ability for expansion. This letter will focus on the billboard issue. On August 30th I met with city staff to discuss their review of the sign ordinance. I shared with staff my concern and ideas about the regulations of billboards. Some of the performance standards for billboards are; 1200 `spacing between signs,400 square feet,25' height, allowed only in zoning districts Industrial 1,2 or C3 and located only along hwy 10 or 169. While these performance standards are considered restrictive to a billboard company,they are acceptable. However,in addition to the aforementioned standards is the"principle use"requirement, which requires a billboard to be on its own lot. I ask that you consider eliminating the principle use clause from the ordinance. Billboards do and can coexist within developed areas. As well billboards can coexist on larger parcels with another principle use(such as along hwy 169). As an alternative,to eliminating the principle use,you can add spacing requirements from all buildings and signage to help reduce the density Another concern I discussed is the lack of advertising along the Hwy 169 corridor,and the lack of opportunity for additional billboards. Therefore I ask that you consider allowing billboards in the CRT zoning district,with the elimination of the principle use. There is a lot of open space being staged for potential growth. I believe regulated billboards would fit well within the CRT zoning district and provide a tool for your businesses to promote growth. Thank you for your time and consideration. I look forward to further discussion , t Respectfully, Steven L. Anderson Lease Manager Elk Ridge Health Building Pompeii&Old Main Cub Foods(Highway (Allina) (Downtown) Commercial) A sign plan or 15%of wall space and 100 sf ground 15%of wall and 1-100 sq. 15%of wall space and sign per frontage and 1 Ramsey ft.ground sign per access 100sf ground sign area ID sign 2 sf per lineal ft.frontage up to 100sf per lineal 1.5 sf per bldg.frontage up 1 wall sign 2sf per business frontage and 1-100sf to 48sf;projecting 12 sf 4' frontage,1 freestanding per Rogers freestanding sign out and 16sf of monument parcel up to 100 sf 5%of bldg.façade or 40 sf 5%of bldg.facade or 40 sf 5%of Wall up to 50sf per per occupant or 40sf which whichever greater and 1 business. I sign per road Maple Grove ever is greater freestanding 45sf frontage up to 50sf signs,80sf per sign up to 200sf or 10%of wall whichever greater. I grd unlimited#/frontage 200sf or 10%of wall, sign/frontage up to 3 greater of 40sf or 10%of unlimited#per frontage up frontage 2 @200sf 3rd wall.Total not to exceed to 2 frontage. 300 sf Coon Rapids @100sf 100sf ground sign 64sf of digital 10%of wall space up to 200sf. 1 pylon sign/parcel with 3 signs @ 140sf per 1sf per lineal ft.of frontage pylon. 1 400sf monument 10%of wall space and 140sf or 15%of wall up to 100sf sign. Pylons along major Sauk Rapids freestanding sign and 100sf freestanding highways 10%of main wall and 5% 10%of main wall and 5% 10%of Main wall or 7%per side and rear wall and 120sf side and rear wall up to 80 business. 135 sf ID sign White Bear Lake pylon sign sf and 1 pylon sign 120-sf 15%of exposed bldg.wall. Pylon signs not to exceed. 15%of wall space. Pylon 15%of wall space. Pylon 2 sf per lineal ft. of not to exceed 1sf per lineal not to exceed 2sf per lineal frontage of 200sf whichever ft.of frontage or 75sf ft.of frontage or 200sf St.Cloud is greater whichever is greater. whichever is greater. 2 wall signs not exceed 1 wall mounted/1 2 wall signs not exceed 200sf per occupancy. 1 ID projecting sign on main wall 200sf per occupancy. 1 ID sign not exceed 64sf one and one secondary wall. sign not exceed 64sf one freestanding sign 150sf Wall sign 1sf per lineal unit freestanding sign 150sf additional for every 300'of ft. Projecting 6 sf not more additional for every 300'of Elk River frontage than 24"from wall frontage Allow pylon,monument or free standing signs for buildings that have multiple Use%of wall space as the tentants. Such signs should Use%of wall space as the limiting factor. Allows not obstruct pedestrian or limiting factor. Allows larger buildings more vehicle movement and larger buildings more signage and is still should be designed with signage and is still attractive and balanced downtown design elements attractive and balanced Chamber Recommends (We recommend 15%) in mind. (We recommend 15%) Billboard Temp Review 6 weeks per parcel or business plus 4 more weeks allows more wall signage with no violations. Up to and larger ground signs. Ramsey prohibited 50sf. But no freestanding sign Non Profit only 30 days Overall allows less wall Allowed in SI dist.1000' total/yr 10days at a time. signage and less spacing 200'from Banners 10 days per time freestanding and ground Rogers residential up to 30 days per year signs overall a little less wall sign although equal in dd. Less Maple Grove prohibited Not allowed freestanding signs allowed 250 sf,1000'spacing,100' from on-premise and 500' 32sf,60days/yr,1 per Allows more wall signs and Coon Rapids from bldg. street frontage more ground signs. Portable signs 1 time/yr no more than 60 consecutive days. Special event Equivalent in the Hwy banners;1per event for 15 commercial area. Allows Billboard zones,672 sf, days. Sandwich boards more signage in the dd type Sauk Rapids 1000'spacing. allowed. districts No portable signs. Banners allowed 4 times/year A little less in the Hwy 60/120 max. Sandwich comm.Area and more in White Bear Lake 1/2 mile spacing 500 sf board signs allowed. the dd area 32sf,90 days total no more than 30 days at one time,3 Overall a little more St.Cloud 400sf 750'radius 40'height times per year. allowed in all districts. on premise 90 days,30 at Principle use,1200'spacing one time. NP can be off Elk River 400sf,25'height,monopole premise temp. 48sf/ Language is not clear on digital signs-needs updating.Remove Allow billboards in the CRT Include use of sandwich restrictions on Temporary zone,provided they are boards(limit size to 25 sq signs while road 250'from on-premise signs ft)in retail foot traffic areas construction is taking place and 500'from buildings; (no over night signs and on road in front of business remove principle use within 25'feet of or major access roads to ,Chamber Recommends language. establishment) business Sec.30-851. Definitions. The definitions in section 30-1 are applicable in this subdivision. (Code 1982,5 900.22(2)) Cross reference—Definitions generally, § 1-2. Sec.30-852.Purpose, scope, and findings of subdivision=s (a) Purpose.The purpose of this subdivision shall be to coordinate the type,placement, and physical dimensions of the signs within the different zoning districts,to recognize the commercial communication requirements of all sectors of the business community,to encourage the innovative use of design, to promote both renovation and proper maintenance,to allow for special circumstances,and to guarantee equal treatment under the law through accurate recordkeeping and consistent enforcement. These shall be accompanied by regulation of the display,erection,use,and maintenance of signs. (b) Scope. This subdivision shall not relate to building design,nor shall this subdivision regulate official traffic or government signs;the copy and message of signs;window displays;product dispensers and point of purchase displays;scoreboards on athletic fields; flags of any nation,government, or noncommercial organizations; gravestones;barber poles;religious symbols;commemorative plaques;the display of street numbers;or any display or construction not defined as a sign in section 30-1 (c) Findings The City finds: (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. (1)(4) 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 1 characteristics of signs within the City has had a positive impact of traffic safety and the appearance of the community. (Code 1982,§ 900.22(1)) Sec.30-853. Compliance with applicable regulations; All signs hereafter erected or maintained shall conform with the provisions of this subdivision and other ordinances and regulations of the city. (Code 1982,§ 900.22(3)) Sec.30-854.Nonconforming signs (a) Eligibility for legal nonconforming status. Existing signs which do not conform to the specific provisions of this subdivision may be eligible for the designation "legal nonconforming" provided that: (1) The city administrator,or designee,determines that such signs are properly maintained and do not in any way endanger the public; (2) The sign was authorized by a valid permit or variance or complied with all applicable laws prior to June 18, 1990,the date of adoption of the ordinance from which this subdivision is derived. (b) Loss of legal nonconforming status. A legal nonconforming sign may lose this designation if the sign is relocated,replaced,altered, or damaged by more than 50 percent,other than for change of copy or normal maintenance. (c) Maintenance and repair.A legal nonconforming sign is subject to all requirements of this subdivision regarding safety,maintenance,and repair. (d) Relocation or alteration. The city council may,upon application of a property owner, permit the alteration or relocation of a legal nonconforming sign if,after a public hearing by the planning commission and city council,the council determines that total compliance with the current sign regulations is not reasonable but the alteration or relocation of the nonconforming signs is in greater conformity with the existing sign regulations and is in the best interest of the community. (Code 1982,5 900.22(5);Ord.No. 09-06, § 1, 7-20-2009) Sec. 30-855.Appeals; Any failure to respond to an application within 14 days of receipt or any decision rendered by the city administrator, or designee,in denying a permit or in alleging a violation of this subdivision may be appealed as provided in subdivision II of division 2 of this article. 2 (Code 1982, § 900.22(7)(I);Ord. No. 09-06, § 1,7-20-2009) Sec.30-856. Notice of violation;order to repair or remove sign. In addition to the remedies authorized in section 30-576,the city may cause the following action to be taken: (1) When,in the opinion of the city administrator,or designee, a violation of the Code exists,the city administrator,or designee,shall issue a written order to either the owner of the sign or the owner of the property on which the sign is placed.The order shall specify those sections of the Code involved, shall describe the violation and shall direct that the violation be corrected within 30 days from the date of the order; (2) If,upon inspection,the city administrator,or designee,finds that a sign is abandoned or is structurally or electrically defective,or in any way endangers the public,the city administrator, or designee,shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring repair or removal of the sign within 30 days of the date of the order. (Code 1982, § 900.22(7)(G);Ord. No. 09-06, § 1, 7-20-2009) Sec.30-857.Authority of city administrator, or designee: (a) Administrative procedures. The city administrator, or designee, shall process applications for permits and variances,schedule public hearings as required,and enforce and carry out all provisions of this subdivision. The city administrator, or designee,is authorized to promulgate procedures consistent with this function. (b) Inspections. The building official,city administrator, or designee,is empowered,upon presentation of proper credentials,to enter or inspect any building, structure, or premises in the city for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists. (Code 1982, 5 900.22(7)(A);Ord.No. 09-06, § 1, 7-20-2009) Sec.30-858. Removal of signs by city: (a) The city administrator,or designee,may cause the removal of any regal-Illegal sig iSign,any sign remaining after a business closes, or any sign not properly maintained in cases of emergency,or after failure to timely comply with written orders for removal or repair. After removal or demolition of the sign,a notice shall be mailed to the sign owner and owner of the property where the sign was located 3 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 administrator, or designee, together with an additional 50 percent for inspection and incidental costs. If the amount specified in the notice is not paid within 30 days after mailing of the notice, it shall become a lien against the property where the sign was located and shall be certified as an assessment against the property together with ten percent interest for collection in the same manner as the real estate taxes. (b) The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the city administrator,or designee,as in the case of a leased sign. (c) For purposes of removal,a sign shall be deemed to include all sign embellishments and structures designed specifically to support the sign. (d) In case of emergency,the city administrator, or designee,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 as defined in section 1300.0180 of the state building code. (Code 1982,5 900.22(7)(11);Ord. No. 09-06, § 1, 7-20-2009) Sec.30-859. Prohibited signs; The following types of signs are prohibited in all districts: (1) Abandoned signs Signs which no longer identify or advertise a bona fide business, service,product, or activity or for which no legal owner can be found. (2) Banners,pennants,festoons.inflatable balloons/displays,and searchlights except as a permitted temporary special event sign under subsection 30-866(h).Banncrs, (3) Off-premises signs,other than advcrtiaing Advertising s-Signs (billboards). (4) Signs imitating or resembling official government Government signs Signs or signals. (5) Signs attached to trees,utility poles,public benches,er-streetlights,or placed on any public property or public right-of-way.except signs as permitted in 30-872 (b)(15). (6) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the sign,except for portable signs or lettering on buses,taxis, or vehicles operating during the normal course of business. 4 (7) Signs suspended beneath a canopy,overhang,roof,or marquee without a minimum clearance from grade of eight (8) feet in either a vehicular way or in a pedestrian way. (8) Any roof-Roof sign-Sign or sign erected above the roofline of a building. (9) Any sign placed within 30 feet of any intcrscctioriThe Vision Clearance Triangle that may obstruct motorist or pedestrian visibility. (10) Rotating,or moving Moving sigffsSigns. (11) Unsafeidangcrousor dangerous signs as determined by the city administrator,or designee. (12) Painted wall Wall si asSigns. (13) Signs utilizing flashing and/or revolving beacon lights. (Code 1982, S 900.22(3)(B); Ord. No. 09-06, 5 1,7-20-2009) State law reference—Signs resembling traffic control devices prohibited,Minn.Stats. § 169.07. Sec.30-860. Permit. (a) Requisrd Unless otherwise provided by this subdivision,the erection,alteration, or relocation of a sign shall require permits and payment of fees as described in this section. No permit is required for the maintenance of a sign. (b) Exemptions. The following types of signs are exempt from permit requirements but must otherwise be in conformance with all requirements of this subdivision: (1) On-premises Construction sus--Silts that comply with subsection 30-866(2). (2) On-premises direetionalDirectional/informational sus-Signs and nameplates having a sign-Sign area Area of four i feet or less. (3) Portable A frame aSigns in the downtown district. (4) Political ssSigns,on-premises private Private sale Sale signs Signs or on- premises event Event signs.Signs. (5) On-premises residential or commercial real Real estate Estate signs-Signs that comply with subsection 30-866(30). (6) Window signs,provided they do not cover more than 50 percent of the window area. 5 (c) Application.Application for a permit for the erection,alteration, change of copy or relocation of a sign shall be made to the city administrator, or designee,upon a form provided by the city and shall include the following information: (1) The name and address of the owner of the sign. (2) The street address or location of the property on which the sign is to be located,along with the name and address of the property owner. (3) The type of sign or sign structure as defined in this chapter. (4) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises. (5) Structural details as required. (6) The building official,at their discretion,may require plans prepared by a structural engineer to verify structural and wind load requirements. (d) Fee.All applications for permits filed with the city administrator, or designee, shall be accompanied by a payment of the initial permit fee for each sign in such amount as determined by city council res.oltitioriordinan.ce. (e) Issuance or denial. The city administrator, or designee, shall issue a permit for the erection,alteration,change of copy or relocation of a sign within 30 days of receipt of the completed application and applicable fees,provided that the sign complies with all applicable laws and regulations of the city. In all applications,where a matter of interpretation arises, the more specific definition or higher standard shall prevail. When a permit is denied by the city administrator, or designee,written notice shall be provided to the applicant along with a brief statement of the reasons for denial.The city administrator, or designee,may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. (f) Refund offee on denial of permit. If a permit is denied,the permit fee shall be refunded to the applicant. (g) Refund offee on abandonment of permit. If no inspections have been made and no work authorized by the permit has been performed,50 percent of the permit fee may be refunded to the applicant upon request,provided that the permit is returned to the city administrator,or designee,within 90 days of issuance. (h) Expiration.A permit issued by the city administrator,or designee,becomes null and void if work is not completed within 180 days of issuance. If work authorized by the permit is suspended or abandoned for 180 days, the permit is thereby suspended,but may be reinstated with an additional payment of one-half of the original fee. 6 (I) Failure to obtain permit. If any sign is installed or placed on any property prior to receipt of a permit,the specified permit fee shall be doubled. However,payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this subdivision. (Code 1982, § 900.22(3)(A), (3)(C), (7)(B)—(7)(E); Ord. No. 09-06,§ 1,7-20-2009) Sec.30-861. Inspections: (a) Any person performing the erection,alteration, or relocating a sign for which a permit has been issued shall notify the building official upon completion of the work.The building official may require a final inspection,including an electrical inspection and inspection of footings on freestanding signs. (b) The building official may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs. (Code 1982, § 900.22(7)(F); Ord.No. 09-06, § 1, 7-20-2009) Sec.30-862. Maintenance: All signs shall be properly maintained,including the ground around the sign.-Esetl 3urfaccs 3hatl be clean and painted if paint is required. Defective parts shall be replaced on conforming signs.The building official shall have the right under sections 30-856 and 30-858 to order the repair or removal of any sign which is defective,damaged, or substantially deteriorated. (Code 1982, §900.22(3)(D);Ord. No. 09-06, § 1,7-20-2009) Sec. 30-863. Illumination. Unless otherwise specified by this subdivision,all signs may be illuminated. (Code 1982, § 900.22(3)(E)) Sec.30-864. Changeable copy signs. (a) Unless otherwise specified by this subdivision,any changeable copy sign larger than 30 square feet will require a conditional use permit. (b) Changeable Copy Signs may only display advertising information for on-site businesses,public service announcements, or non-commercial copy. • (c) Motor I'eliide Serziice Stations. Signs for Motor Vehicle Service Stations shall be regulated by the provisions for the zoning district in which the facility is located, except that within a freestanding sign.an area not to exceed sixteen square feet shall 7 be allowed for continuous display (no flashing,scrolling or other animation, of digital or non-digital Changeable Copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. (d) Time and Temperature Signs.Within all commercial and industrial zoning districts, an area not to exceed sixteen 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. (e) Digital Changeable Copy Signs (1) In addition to subsections (a) and (b). the display must be static,and the transition from one static display to another must be no more than two (2) seconds. The images and messages displayed must be complete in themselves and without continuation in content to the next image,message, or any other sign. (2) May not change more often that once every eight(8) seconds. (3) Digital displays must be equipped with automatic dimming technology or other mechanisms that automatically adjust the signs illumination level based on ambient light conditions. (4) 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. (5) The display must be designed and equipped to freeze the device in one position if a malfunction occurs.The display 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. (Code 1981 t 900.22(3) (1~);Ord.No. 07-10. 5, 1. 7-16-2007) Sec. 30-865.Area Identification Signs Area Identification Sig}ls are intended to provide additional navigation and identification o..ortunities for residential commercial and industrial develo amen s meetin. the following criteria. - (a) Area Identification Signs are permitted as follows: (1) Residential subdivisions of at least 20 acres • a. Shall not exceed 16 square feet in area or eight(8) feet in height. b. One (1) sign permitted at each entrance from an arterial or collector roadway. 8 • (2) Condominium or apartment complex of at least 12 units a. Shall not exceed 16 square feet in area or eight(8) feet in height. b. One (1) sign permitted at each entrance from an arterial or collector roadway. (3) Commercial or industrial complex a. Must consist of three (3) or more platted lots,or as a planned unit development b. One (1) sign not to exceed 80 square feet in area c. Maximum height as follows: Max ZONING DISTRICT Height C=1 CC2 C-3 C=4 I_1 1=2 I-33 $P CRT ?f - h - - - - - h 10 ft - - X - - -20 ft X - - X X X - - 30 ft - - X - - - - - X (b) Shall identify an area or complex,not individual businesses. (c) Area Identification Signs must be located on the same premise as the Development which it identifies, as required by the development agreement,or as part of a CUP. (d) Must be constructed as a Monument Sign Sec.30-865866. Indemnification of city All persons involved in the erection,alteration,change of copy or relocation of signs near or upon any public right-of-way or public property which requires the use of public property shall,as a condition of the use of such public property for sign work,agree to hold harmless and indemnify the city and its officers,agents,and employees against any and all claims of negligence resulting from such work insofar as this subdivision has not specifically directed the placement of a sign. (Code 1982, 6 900.22(3)(G); Ord.No. 09-06, § 1, 7-20-2009) Sec.30-866867.District regulations; The following signs are allowed in all districts: (a*-) All signs not requiring permits as set forth in subsection 30-860(b). (b2) Construction Signs. One (1) on-premises,non-illuminated construction Construction sign-Sign not to exceed 64 square feet in sign Sign arca Area or 15 feet in height. Sign 9 may be erected 30 days prior to the beginning of construction and shall be removed ten (10) days following issuance of a certificate of occupancy. Such signs shall not be illuminated. (cc) Real Estate Signs. One (1) on-premises,non-illuminated real Real estate Estate sign Sign per lot or premises not to exceed six (6) square feet in sip-Sign area Area for residential lots,and one (1).on-premises non illuminated real Real estate Estate sign Sign per lot or premises not to exceed 64 square feet in sign Sign arca Area or 15 feet in height for commercial lots. Such a sign must be removed ten,(10) days following closing,rental, or lease. (d4) Nameplate. One (1) on-premise attached nameplate per occupancy,not to exceed four square feet in sign area. (6) Political Shins As permitted by state statute 211B.045.Political sus-Signs are permitted in all zones. Such signs shall be consistent with state statutes.Political signs-Signs may be placed only on private property and only with the permission of the property owner. Such signs shall not be illuminated. (f6) Directional Signs. On-premises direenenalDirectional4informational signs-Signs not to exceed four square feet per sign in sign area.Logos and advertisements are not permitted on Directional.Signs. (g) Window Signs. Provided they do not cover more than 50 percent of an individual window area. (1) Vacant commercial spaces may have Window Signs covering 100 percent of an individual window area. (lid) Temporary Signs One (1) on-premises temporary Tempora�r-or portable &Sign per pfeinises-(property)may be installed,as allowed by the city administrator or their designee.Temporary or portable sSigns are also subject to the following: a7(1) Signs may not be displayed for more than a total of 90 days per calendar year, per property.A single permit shall not exceed 30 consecutive days. (2)b Signs may not be displayed without a permit.The permit shall be affixed to the sign and be visible. Each permit must indicate the number of days and the dates the sign is to be displayed.A fee and deposit at a level established by ordinance adopted by the Elk River City Council is required.The city will release deposits following removal of the sign according to the permit,and receipt of a written request to do so. ale. Maximum sign size shall be limited to 48 square feet and shall not exceed nine (9) feet in height. 10 (4)4: Signs must be located on the property of the business and the advertising message must only relate to business conducted on that premises, except that nonprofit or charitable organizations as defined by Internal Revenue Code section 501(C)(3)may have off-premises signs for their fundraising activities, provided they obtain permission from the property owner. Nonprofit organizations shall be limited to three (3) signs per event and the signs shall not exceed the number of days allowed in subsection ((h)x1. of this section. If event is advertised for more than 30 days,it shall count toward that property's 90-day limit for temporary Temporary signageSignage. (5)e: Signs may not be placed in any right-of-way and must be located on an approved surface;not including fire lanes and/or circulation drive lanes. Approved surfaces include: asphalt,concrete,or class 5 ands crushed concrete compacted to a dust free surface: (6)f Only signs for the community events listed in subsection 38-383(6) may be placed on city property. (7)g: For purposes of this section, City of Elk River property leased to other entities shall not be considered city property. .(4).11: Signs must not be unsafe or dangerous and must be securely anchored. _(8) No more than one permanent area identification sign shall be allowed per neighborhood, subdivision, or development. However,if the neighborhood, subdivisiea,or development has entrances on arterial as /or collector roads,then a (9) One on premise,permanent identification sign per apartment or condominium complex,not to exceed 16 square feet in sign area and shall not exceed eight fcct in lam: on premises freestanding sign and one wall business sign,not to exceed 96 square combined street frontage, the total signage area shall not cxcccd 192 square feet with in height. 11 (12) Rural based businesacs shall be allowed-up to four off prcmisca directional signs subject to the following restrictions: a. Individual directional signs shall not exceed six square feet. b. Such signs shall-be located on private property which is adjacent to an arterial road,provided that the property owner's-permi.asion is obtained in writing. direction and distance to the facility. d. Except as otherwise provided, all freestanding signs in residential zones shall have a maximum height of eight feet. c. Signing for straight ahead rte cmca s shall net be allowed. (Code 1982, 5 900.22(4)(A), (4)(B);Ord. No. 00-06, § 1, 3-20-2000; Ord.No.04-13, § 1, 8- 27-2004; Ord. No. 06-12, § 2, 10-16-2006;Ord.No. 07-20, § 1, 12-17-2007;Ord. No. 08-14, §2, 10-20-2008;Ord.No. 09-06, § 1, 7-20-2009) Sec. 30-867868. Construction and Location Standards (a) Compliance with building code.All signs shall be constructed in accordance with the requirements of the state building code. (b) Setback Except as otherwise provided,all€Freestanding aigns Signs shall have a setback of ten (10) feet from any property line to any portion of the sign.When a property line is located within the street,the setback shall be 25 feet from the edge of the road. (c) Anchoring. (1) No sign shall be suspended so that the sign will swing in a wind. (2) All Temporary and pPortable signs on display shall be braced or secured to prevent motion. (d) Wind resistance.All signs shall comply with the wind load requirements of the state building code. 12 •(e) Obstruction of exits.No sign shall be erected,constructed or maintained so as to obstruct any fire escape, required exit,window or door opening used as a means of egress. (f) Interference with ventilation. No sign shall be attached in any form,shape,or manner which will interfere with any opening required for ventilation,except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the current building or fire code. (g) Clearance front electrical equipment. Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with present electrical code specifications. (h) Lighting. Lighting shall be directed away from road rights-of-way and adjacent dwellings. (i) Substitution. 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 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. (Code 1982, §900.22(6);Ord. No. 09-06, § 1,7-20-2009) Sec. 30-868869. C-1 central business district; (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. (1) Total Wall Sign area not to exceed 5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign Area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign.not to exceed 64 square feet with a maximum height of 20 feet. (3) : .. ... .:. , development,not to exceed 61 square feet with a maximum height of 20 feet development it identifies.Area Identification Signs as permitted in section 30-865. 13 (4) The sign area of area-Area Identification thgn.s Signs and freestanding Freestanding sus-Signs may be increased 25 percent if the sign is constructed as a rrionth MMnnument sir%Sign. (5) One (1) on-premises menu board per drive-up or walk-up lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each. Menu boards are allowed to have a message on one side only and may not contain an advertising message. (6) Canopy Signs on Motor Vehicle Service Stations • a. In addition to Wall Signs.Motor Vehicle Service Stations shall be allowed two (2) Canopy Signs. b. The total area of each Canopy Sign shall not exceed 32 square feet. (c) Changeable Copy Signs as permitted in Sec. 30-864 • (Ord. No. 09-06, § 2, 7-20-2009) Sec.30-869870. C-2 office district. (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. (1) Total Wall Sign area not to exceed 5%of Facade area.Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1)Monument Sign.not to exceed 40 square feet with a maximum height of seven (7) feet. development,not to exceed 64 square feet with a maximum height of seven feet. The arcs identification sign shall be located on the same premises as the development it identifies.Area Identification Signs as permitted in section 30-865 - - - - -- - of seven feet. increased 25 percent if the-sign is constructed as a monument sign. (4) Two wall signs,not to exceed 64-total square feet per occupancy. 14 (c) Changeable Copy Signs as permitted in Sec. 30-864 (Ord.No. 09-06,§ 2,7-20-2009) Sec.30-870871. C-3 highway commercial district. (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. (1) Total.Wall.Sign area not to exceed 5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum height of 30 feet. One Freestanding Sign may be permitted for every 300 feet of street frontage measured along a single street.The frontage shall only include the property in which the Principal Use is located on which the sign is advertising.The additional signs) shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and may be placed no closer than 150 feet to any other Freestanding or Monument Sign. development,not to exceed 61-square fcct with a maximum height of 30 feet. The-area-identification sign shall be located on the same-rerrrise3 as the development it idcntifics.Area Identification Signs as permitted in section 30- 865. (4) The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25 percent if the sign is constructed as a Monument Sign. (5) One (1) on-premises menu board per drive-up or walk-up lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each. Menu boards are allowed to have a message on one side only and may not contain an advertising message. (6) Canopy Signs on Motor Vehicle Service Stations a. In addition to Wall Signs,Motor.Vehicle Service Stations shall be allowed two (2) Canopy Signs. b. The total area of each Canopy Sign shall not exceed 32 square. (7) Advertising signs (billboards). 15 a. Prohibited within 100 feet of the intersection of the highway right-of- way and any other light-of-way or driveway. b. Prohibited within 1200 feet of another advertising sign on the same side of the right-of-way. c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring, d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly from the height of the highest point of the sign structure to the grade level directly below the sign. The existing grade may not be altered for the purpose of increasing sign height. f. Shall be considered a principal use of the property. Existing advertising signs must be removed when the parcel upon which they are situated is devoted to another principal use. Shall onl be allowed in C-3 zoned r .erry adacent to rights-of--w, for state highway numbers 10 and 169. {2) One freestanding sign,net te-exceed 150 square feet with a maximum height - of 30 feet. One freestanding sign may be permitted for every 300 feet of the property its which the principal.use is-located on which the sign is -_ - . -:-, . .- - • . ..• - _ (1) Two wall signs,not to exceed 201 :. " - : : - (5) Onc on premises menu hoard per drive up or walk up lane of a drive in arc allowed to have a message an one side only and may not contain an advertising message._ 16 (1) Prohibited within 100 feet of the intersection of thc highway right of way and any other right of way or driveway. (2) Prohibited within 1,200 feet of another advertising sign on thc same side of the right of way. (1) The base of any advertising sign must be landscaped to prevent erosion and. (-5)---Shall-not exceed 400 square feet in arca not 25 feet in height as measured perpendicularly from the height of the highest point of the sign structure to for the purpose of increasing sign height. (6) Shall be considered a principal use-of the property. Existing advertising signs gust be removed when the parcel upon which they are situated is devoted to another principal u:3c. (7) The city shall perform a yearly inspection of the advertising signs to ensure compliance of said structure with the provisions of this section and other provisions of this article.The fcc for said inspection shall be set by the city council by resolution from time to time. (8) Shall only be allowed in C 3 zoned property adjacent to rights of way for state highway numbers 10 and 169. (c) Changeable Copy Signs as permitted in.Sec. 30-864 (Ord. No. 09-06,§2, 7-20-2009) Sec.34-871872. C-4 community commercial district. (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. (1) Total Wall Sign area not to exceed 5%of Facade area.Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1)Monument Sign.not to exceed 125 square feet.The maximum height shall be ten (10) feet along collector streets.and the maximum height shall be 20 feet along arterial streets. 17 development,not to exceed 61-square feet with a maximum height of ten feet.The area identification sign shall be located on the same premises as the development it identifies.Area Identification Signs as permitted in section 30-865. _(2) One freestanding sign,not to exceed 1 square feet. The maximum height feet along arterial streets. r. . - ;„ -; - :.. . ... , - :. ; : • • ;;'" :. . : � . }) All freestanding signage shall be a monument sign. (5) Two wall signs,not to exceed 200 total square feet per occupancy. (c) Changeable Copy Signs as permitted in Sec. 30-864 (Ord. No. 09-06, §2,7-20-2009) Sec.30-872873. DD downtown district; (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. Signs should be designed to fit with the character,proportions and scale of the individual building and should complement,rather than compete with, the character of downtown. (1) Prohibited signs: Freestanding Signs.back-lit signs (excluding individual letters),molded plastic cabinet signs,smooth/flat plastic signs and signs with strobe lights,flashing elements or distracting actions. (2) One (1) lWall-mounteti aign Sign and one projecting Projecting sign-Sign shall be allowed on each primary facade Facade and on one secondary facadeFacade,which does not extend above the roofline of an adjoining building. (3) A total of oneOne (11 square foot of wall Wall mounted signage perSign per one (1) linear foot of unit width,not to exceed 32 square feet shall be allowed. (4) Wall mounted sSigns shall not exceed 24 inches in height nor project out more than eight(8)inches from€aeadcFacade. 18 (5) Wall-mentftted sSigns shall not be higher than the bottom of the stringcourse. (6) Projecting Ssigns,provided that: a. (s) shallThe sign does not exceed six (6) square feet in area,shall not project more than four (4) feet from facade Facade and shall not be thicker than six (6) inches. (7)b. A-The}Projecting sign-Sign shill projects out perpendicular from facadeFacade. {8}c. Projecting aign Sign and structural elements shall not be lower than eight (8) {feet}from the sidewalk,nor shall be higher than the bottom of the sill of the second floor windows. d. The brackets and structure for Projecting Signs shall be ornamentally designed. (97) Signage shall be constructed of metal,wood, stone,plastic (with three- dimensional reliefs) and/or cloth. _(10) The brackets and structure for pmjceting signs shall be ornamentally designed. (44 ) With the exception of individual letters,only externally illuminated signs are allowed. (4-9) - - -- . -- , - -- . --.Existing ruenturienFreestanding s-Signs erected prior to the date of the adoption of this section eat-may be rebuilt to the same size in the same location. (4-310) Aside from a date and name stone not exceeding three (3) square feet,no signage shall be placed within the parapet panel area. (3411) Window signs and Ttemporary on site signs Signs attached to or painted on a window may not cover more than 50 percent of the window surface area. (12) One (1)Portable Sign is permitted per public entrance,and only one sign may be displayed per Facade. a. Portable signs Signs (sandwich boards) shall be limited to unlit A fie-signs-veitli-amay not exceed maximum height of thrcefive (5) feet in height,and a total area of six (6) square feet in area per side. Such signs are only permitted during business hours,must be located in front of the business it identifies,and shall not obstruct pedestrian traffic nor impede vehicular traffic. 19 business and be visible from the street. (Ord.No. 09-06, SS 2,7-20-2009) Sec.30-873874. I-1 light industrial district. (a) Temporary signs as permitted in section 30-851.et seq. (b) Permanent signs. (1) Total Wall Sign area not to exceed 5%of Facade area.Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly a residentially used property. (2) One (1) Freestanding Sign.not to exceed 150 square feet with a maximum height of 30 feet.Where a lot has in excess of 300 feet of street frontage.one additional Freestanding or Monument Sign will be allowed.This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and may be placed no closer than 150 feet to any other Freestanding or Monument Sign on the same premises. (3) . .; . :: b: : .. ...., • development it identifies.Area Identification Signs as permitted in section 30-865. (4) The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25 percent if the sign is constructed as a Monument Sign. (5) Advertising signs (billboards). a. Prohibited within 100 feet of the intersection of the highway right-of- way and any other right-of-way or driveway. b. Prohibited within 1.200 feet of another advertising sign on the same side of the right-of-way. c. Shall be erected with a single pole or monopole structural standard and shall have underground wiring. d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly from the height of the highest point of the 20 sign structure to the grade level directly below the sign. The existing grade may not be altered for the purpose of increasing sign height. f. Shall be considered a principal use of the property. Existing advertising signs must be removed when the parcel upon which they are situated is devoted to another principal use. g. Shall only be allowed in I-1 zoned property adjacent to right-of-way for state highway numbers 10 and 169. _(2) O. .4 estatreling sign,not to exceed 150 square feet with a maximum height monument sign and tyray be placed no closer than 150 feet to any other freestanding or monument sign on the same premises. V- - ". : c -: - . :.: . -- .. . . . . ... - - . :" : increased 25 percent if the sign is constructed as a monument sign. (1) One wall sign,not to cxcccd 120 square feet per occupancy. _(c) Advertising signs (billboards). {2) Prohibited within 1,200 feet of another advertising sign on the same side of the right-of way. (5) Shall not exceed 400 square feet in area or 25 feet in height as measured perpendicularly from the height of the highest point of the aigm structure to for the purpose of increasing sign height. {6) Shall be considered a principal use of the property. Existing advertising signs must be removed when the parcel upon which they are situated is devoted to another principal usc. 21 . : .: .-•- - .: .. the _nenei,by resolution from time to-time. highway numbers 10 and 169. (c) Changeable Copy Signs as permitted in Sec. 30-864 (Ord. No. 09-06,§ 2,7-20-2009) Sec. 30-874875.I-2 medium industrial district: (a) Temporary signs as permitted in section 30-851 et seq. (b) Permanent signs. (1) Total Wall Sign area not to exceed.5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of the allotted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residential district. (2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum height.of 30 feet. Where a lot has in excess of 300 feet of street frontage. one additional Freestanding or Monument Sign will be allowed.This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and may be placed no closer than 150 feet to any other Freestanding or Monument Sign on the same premise. (.) One permanent arca identification sign per neighborhood, subdivision, or development,not to exceed.64 square feet with a maximum height of 20 feet. development it identifies Area Identification signs as permitted in section 30-865. (3) The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25 percent if the sign is constructed as a Monument Sign. (4) Advertising signs (billboards). a. Prohibited within 100 feet of the intersection of the highway right-of- way and any other right-of-way or driveway. b. Prohibited within 1;200 feet of another advertising sign on the same side of the right-of-way. 22 c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. d. The base of any advertising sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly-from the height of the highest point of the sign structure to the grade level directly below the sign.The existing grade may not be altered for the purpose of increasing sign height. f. Shall be considered a_principal use of the property.Existing advertising signs must be removed when the parcel upon which they are situated is devoted to another principal use. g. Shall only be allowed in 1-2 zoned property adjacent to right-of-way for state highway numbers 10 and 169. (c) Changeable Copy Signs as permitted in Sec. 30-864 of 30 feet.Where a lot has in excess of 300 feet of street .ontagc,one Additional freestanding or meattrxent sign will be allowed.This sign shall be monument sign anti may be placed no cloacr than 150 feet to any other (1) One wall sign,not to exceed 120 square feet per occupancy. (c) Advertising signs (billboards). {1) Prohibited within 100 feet of the intersection ofd highway right of way {2) Prohibited within 1,200 fcct of another advertising sign on the same side of the right of way. (3) Shall be erected with a single pole or mono poke structural standard and shall have underground wiring. 23 (4) The base of any advertising sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. the grade level directly below;the sign. The existing grade may not be altered for the purpose of increasing sign height. (6) Shall bc considered a principal use of the property. Existing advertising signs must be removed when the parcel upon which they arc situated is devoted to . -al .. .. • �J and other provisions of this article.The fcc for said inspection shall bc act by (8) Shall only bc allowed in 1-2 zoned property adjacent to right of way for state (Ord. No. 09-06,§ 2, 7-20-2009) Sec.30 875876. BP business park district (a) Temporary sibs-Signs as permitted in section 30-851-et seq. (b) Permanent sibsSigns. (1) Total wall sign area not to exceed 5% of facade area.Businesses in multi.tenant buildings shall be allowed their proportionate share of the allotted wall sign area.Wall signs are permitted on any facade that is not directly adjacent a residential district (2) One (1) freestanding Monument sigSign,not to exceed 64 square feet with a maximum height of eight(8) feet. (3) Area Identification Signs as permitted in section 30-865 (c) Changeable Copy Signs as permitted in Sec. 30-864 ..(2) All freestanding signage shall be a monument sign. (3) One wall sign,not to exceed 120 square feet peg-oeccupaner (Ord.No. 09-06,§2, 7-20-2009) Sec.30-876877. CRT commercial reserve transitional district. 24 (a) Temporary sig.,3 Signs as permitted in section 30-851 et seq. (b) Permanent signsSigns. (1) Three (3)Wall Signs.not to exceed 300 square feet per occupancy. (2) One (1)€Freestanding sSign,not to exceed 150 square feet with a maximum height of 30 feet. (3) Area Identification Signs as permitted in section 30-865 _(2) Three wall signs,not to exceed 300 square feet per occupancy. (c) Changeable Copy Signs as permitted in Sec. 30-864 (d) Event sponsor signs,a sign subordinate to a principal Principal use Use intended for the display of information for onsite patrons, shall be allowed if they meet the following criteria: (1) An approved interim Interim Use permit has been obtained for the property; (2) A sign plan shall be approved by city staff; (3) Property shall be larger than 20 acres; (4) Not to exceed 32 square feet; (5) Must be one-sided only; (6) Shall be setback ten (10) feet from property line;or 25 feet from rights-of- way,whichever is further. (7) Shall be setback 25 feet from rights of way; (87) Shall face away from rights-of-way; (98) Shall not exceed six (6) feet in height; (4-09) Shall not be illuminated. (Ord.No. 09-06, S 2, 7-20-2009; Ord. No. 10-10, § 1,7-19-2010) Sec. 30-8878. I-3 general industrial district (a) Temporary signs-Signs as permitted in section 30-851 et seq. (b) Permanent signsSigns. 25 (1). Total Wall Sign area not to exceed 5% of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area. Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign not to exceed 150 square feet,with a maximum height of 30 feet. Where a lot has in excess of 300 feet of street frontage.one (1) additional Freestanding or Monument Sign will be allowed. This sign shall be subject to the size and height limitations of the first allowed.Freestanding or Monument Sign and shall be no closer than 150 feet to any other Freestanding or Monument Sign on the same premises. (3) One permanent area identification sign per neighborhood, sum i3ion,or The arca identification sign shall be located on the same premises as the development it identifics.Area Identification Signs as permitted in section 30- 865. (4) The Sign Area of an Area Identification Sign or a Freestanding Sign may be increased 25 percent if the sign is constructed as a Monument Sign. (c) Changeable Copy Signs as permitted per in section 30-864. -(2) One freestanding sign net to excced 154 square feet,with a maximum height of 30 fcct. Where a lot has in-excess of 300 feet of street frontage, one subject to the size and height linntations of the first allowed freestanding or increased 25 percent if the sign is constructed a3 a monument sign. One wall-sign,not to cxeccd 128 sire feet per occupancy. (Ord. No. 13-02, § 1,3-18-2013) Sec. 30-879. Residential Districts (a) Temporary Signs as permitted in Sec. 30-851 et sec_ (b) Permanent Signs (1) One (1)Wall Sign.not to exceed four (4) square feet in area. (2) One (1) Freestanding Sign not to exceed(4) square feet in area. 26 (3) Area Identification Signs as permitted in section 30-8xx (c) Changeable Copy Signs as permitted in section 30-864 (d) For permitted nonresidential uses,such as churches, synagogues, and schools.in residentially zoned areas,one (1) on-premises Freestanding Sign and one Wall Sign, not to exceed 96 square feet in total Sign Area.Were a zoning lot has in excess of 1.000 linear feet of combined street frontage.the total Sign Area shall not exceed 192 square feet with no more than 96 square feet per sign. Freestanding Signage shall not exceed 20 feet in height. .e) Any combination of on-premises Freestanding and wall-mounted Real Estate Signs for model homes having a combined total Sign Area not to exceed 32 square feet. Freestanding Signs for model homes shall have a maximum height of five (5) feet., (f) Rural-Based Businesses shall be allowed up to four (4) off-premises Directional Signs subject to the following restrictions: (1) Individual Directional Signs shall not exceed six (6) square feet. (2) Such signs shall be located on private property which is adjacent to an arterial road,provided that the property owner's permission is obtained in writing. (3) Such signs shall only contain the name of the Rural-Based Businesses and the direction and distance to the farilitv. (4) Except as otherwise provided, all Freestanding Signs in residential zones shall have a maximum height of eight (8) feet. (5) Signing for straight-ahead movements shall not be allowed. Secs. 30-8880-30-890. Reserved. Definitions: .4bandoincd.sSign, abandoned,means a sign which no longer identifies or advertises a bona fide business,lessor, service, owner,product, or activity,and/or for which no legal owner can be found. Address sSign. address.means a sign which identifies the numerical address of the premises on which the sign is located. 1r�r�crtisirrg 'Sign advertising,means a sign structure advertising an establishment,merchandise, service, or entertainment which is not sold,produced,manufactured,or furnished at the property on which the sign is located. 27 flashes on or off,winks or blinks with varying light intensity. diver identification sign, area identification.means a freestanding or wall sign which identifies a specific residential subdivision development whether single-family or multifamily,or a commercial development or an industrial park,and which is located on the same premises as the development which it identifies. IAwning sSign, awning.means a sign painted on,printed on,or attached flat against the surface of an awning. Banner sSign, banner,means a sign made of fabric or any nonrigid material with no enclosing framework. Boulevard sSign, boulevard,means any stationary self-supported sign fixed to a base flush to the ground and not affixed to any other structure. IBusiness sSign, business, and business wall sign mean a sign which only pertains to the use of the premises on which it is located. ICabinet(Sign. cabinet,means a sign or portion of a sign constructed to be supported in substantial part by means of a separate box-like structure,with each segment of the sign message attached to one or a group of supports. ICanopy sSign, canopy,means any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store,building or place of assembly. C'bang able copy sSign, changeable copy,means a sign or portion thereof with characters,letters or illusions that can be changed or rearranged mechanically without altering the face of the surface of the sign. Changcablc copy sSign, changeable copy(manual),means a sign on which copy is changeable manually rather than by automation. £esr rner sSign, (clearance of a)means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign,including the framework and embellishments,extending over that grade. ICorutrtaction sSign. construction,means a temporary sign erected on the premises on which construction is taking place, during the period of such construction,indicating the names of the architects, engineers,landscape architects,contractors or similar artisans,and the owners,financial supporters, 28 sponsors,and similar individuals or firms having a role or interest with respect to the situation or project. Sign, digital changeable copy.includes,but is not limited to, any flashing.blinking.or animated display, and any display that incorporates 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. Directional sSign. directional,means a sign erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such sign is located,including signs marking entrances and exits, circulation direction,parking areas,and pickup and delivery areas, which does not display advertising copy. Electrical sSign, electrical,means a sign or sign structure in which electrical wiring, connections,or fixtures are used. Fa c of sSign.face of,means the area of a sign on which the copy is placed. Corcri m ecnt.e Sign.government means any temporary or permanent sign erected and maintained by the city, county, state or federal government for traffic direction or for identification of or direction to any school,hospital,historical site,or public service,property, or facility. Height(of a sign)means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or to the surface grade beneath the sign,whichever is the greater distance. I - „Sign, identification,means a sign whose copy is limited to the name and address of a building,institution,or person and/or to the activity or occupation being identified. J2egai-sSign, illegal,means a sign which has not received a permit to be installed or does not meet the requirements of this Code and which has not received legal nonconforming status. IIlluminatedsSign,illuminated,means a sign with an artificial light source incorporated internally or externally for the purpose of making the sign message visible at night. Incidental!Sign, incidental,means a small sign,emblem,or decal informing the public of facilities or services available on the premises. Marepee-sSign, marquee,means any sign attached to or supported by a marquee structure. Painted wall sSign,painted wall,means any sign which is applied with paint or similar substance on the face of a wall. I Politiczi sSign.political,means a temporary sign used in connection with any local, state,or national election or referendum. 29 Portable sSign.portable.means a sign that is not permanently affixed to a structure or the ground (i.e. A-frame or sandwich-board signs) and does not exceed six (6) square feet in sign area per sign face. fsee-terri} 'vim Pritratesak or vent.sSign,private sale or event.means a temporary sign advertising private sales of personal property such as house sales,garage sales,and the like or private not-for-profit events such as picnics,carnivals,bazaars,game nights, art fairs,and craft shows. !rorjectir,sSign,projecting means a sign,other than a wall sign,which is attached to and projects from a building wall more than six inches. Real estate sSign, real estate,means a sign advertising the real estate upon which the sign is located as being for rent,lease,or sale. IRoof'sSign. roof, means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the roofline of a building with a flat,gambrel or hip roof or the deck line of a building with a mansard roof. IRotating sSign, rotating.means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Sign means any device, structure, fixture, or placard using graphics, symbols,and/or written copy designed specifically for the purpose of advertising or identifying any establishment,product,goods, or services. Sign, alteration of means any change,reconstruction,relocation,or enlargement/reduction of a sign, or of any of its component parts. Routine maintenance and the repainting shall not be deemed to be an alteration. Sign,freestanding,means any sign not attached to a principal or accessory building. Sign,monument,means a freestanding sign supported by an internal structural framework covered by solid structural feature such that the support structure is not visible.The solid structural feature shall be at least 75 percent of the sign width. Sign, moving,means any sign or device which has any visible moving parts,visible revolving parts,or visible mechanical movements. Sign area. (1) The area of any sign shall be the rectangular area of the largest face,including its border area. For signs that are composed of individual letters or symbols,have an irregular shape,have open spaces or are composed of two or more individual cabinets,the sign area shall be the area of the smallest single rectangular figure that encloses it. 30 (2) If a freestanding or monument sign is constructed so that the faces are not back to back,the angles shall not exceed ten degrees. If the angle is greater than ten degrees,the total area of both sides added together shall not exceed the maximum allowable sign area for that district. ITemporary.cSign, ternporary,means any sign designed to be movable from one location to another and which is not permanently attached to the ground and/or structure. IWallsSign, wall,means a sign attached to a building.This definition includes individual letter and cabinet signs,and signs on mansards. Window sSign. window, means a sign posted,painted,placed.or affixed in or on a window exposed to public view.An interior sign that faces a window exposed to public view and located within three feet of the window is considered a window sign for the purpose of calculating the total area of all window signs.means a sign installed inside a window and intended to be-viewed from the outside. Such signs shall not include holiday messages,murals or merchandise that is for sale or display,but establishment,products,goods, or. service. 31 Sec.30-851.Definitions The definitions in section 30-1 are applicable in this subdivision. (Code 1982, §900.22(2)) Cross reference—Definitions generally, § 1-2 Sec.30-852.Purpose,scope, and findings of subdivision (a) Purpose.The purpose of this subdivision shall be to coordinate the type,placement, and physical dimensions of the signs within the different zoning districts,to recognize the commercial communication requirements of all sectors of the business community,to encourage the innovative use of design, to promote both renovation and proper maintenance,to allow for special circumstances,and to guarantee equal treatment under the law through accurate recordkeeping and consistent enforcement. These shall be accompanied by regulation of the display,erection,use,and maintenance of signs. (b) Scope.This subdivision shall not relate to building design,nor shall this subdivision regulate official traffic or government signs;the copy and message of signs;window displays;product dispensers and point of purchase displays;scoreboards on athletic fields;flags of any nation,government,or noncommercial organizations; gravestones;barber poles;religious symbols;commemorative plaques;the display of street numbers;or any display or construction not defined as a sign in section 30-1 (c) Findings The City finds: (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 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 of traffic safety and the appearance of the community. (Code 1982, § 900.22(1)) 1 Sec. 30-853. Compliance with applicable regulations All signs hereafter erected or maintained shall conform with the provisions of this subdivision and other ordinances and regulations of the city. (Code 1982, § 900.22(3)) Sec. 30-854.Nonconforming signs (a) Eligibility for legal nonconforming status. Existing signs which do not conform to the specific provisions of this subdivision may be eligible for the designation "legal nonconforming"provided that: (1) The city administrator,or designee,determines that such signs are properly maintained and do not in any way endanger the public; (2) The sign was authorized by a valid permit or complied with all applicable laws prior to June 18, 1990,the date of adoption of the ordinance from which this subdivision is derived. (b) Loss of legal nonconforming status.A legal nonconforming sign may lose this designation if the sign is relocated,replaced,altered,or damaged by more than 50 percent,other than for change of copy or normal maintenance. (c) Maintenance and repair.A legal nonconforming sign is subject to all requirements of this subdivision regarding safety,maintenance, and repair. (d) Relocation or alteration. The city council may,upon application of a property owner, permit the alteration or relocation of a legal nonconforming sign if,after a public hearing by the planning commission and city council,the council determines that total compliance with the current sign regulations is not reasonable but the alteration or relocation of the nonconforming signs is in greater conformity with the existing sign regulations and is in the best interest of the community. (Code 1982, § 900.22(5);Ord. No. 09-06, § 1, 7-20-2009) Sec.30-855.Appeals Any failure to respond to an application within 14 days of receipt or any decision rendered by the city administrator, or designee,in denying a permit or in alleging a violation of this subdivision may be appealed as provided in subdivision II of division 2 of this article. (Code 1982, § 900.22(7)(I);Ord.No. 09-06, § 1,7-20-2009) 2 Sec. 30-856.Notice of violation; order to repair or remove sign In addition to the remedies authorized in section 30-576,the city may cause the following action to be taken: (a) When,in the opinion of the city administrator,or designee,a violation of the Code exists,the city administrator, or designee, shall issue a written order to either the owner of the sign or the owner of the property on which the sign is placed.The order shall specify those sections of the Code involved,shall describe the violation and shall direct that the violation be corrected within 30 days from the date of the order; (b) If,upon inspection,the city administrator, or designee, finds that a sign is abandoned or is structurally or electrically defective,or in any way endangers the public,the city administrator,or designee, shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring repair or removal of the sign within 30 days of the date of the order. (Code 1982,S 900.22(7)(G); Ord. No. 09-06, § 1,7-20-2009) Sec.30-857.Authority of city administrator, or designee (a) Administrative procedures.The city administrator,or designee,shall process applications for permits and variances, schedule public hearings as required, and enforce and carry out all provisions of this subdivision.The city administrator, or designee,is authorized to promulgate procedures consistent with this function. (b) Inspections The building official, city administrator,or designee,is empowered,upon presentation of proper credentials,to enter or inspect any building,structure,or premises in the city for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists. (Code 1982,§900.22(7)(A); Ord. No. 09-06, § 1,7-20-2009) Sec.30-858. Removal of signs by city (a) The city administrator, or designee,may cause the removal of any Illegal Sign,any sign remaining after a business closes, or any sign not properly maintained in cases of emergency, or after failure to timely comply with written orders for removal or repair.After removal or demolition of the sign,a notice shall be mailed to the sign owner and owner of the property where the sign was located 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 administrator,or designee,together with an additional 50 percent for inspection and incidental costs. If the amount specified in the notice is not paid within 30 days after mailing of the notice,it shall become a lien against the 3 property where the sign was located and shall be certified as an assessment against the property together with ten percent interest for collection in the same manner as the Real Estate taxes. (b) The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the city administrator,or designee,as in the case of a leased sign. (c) For purposes of removal,a sign shall be deemed to include all sign embellishments and structures designed specifically to support the sign. (d) In case of emergency,the city administrator, or designee,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 as defined in section 1300.0180 of the state building code. (Code 1982, 5 900.22(7)(H);Ord.No. 09-06, § 1,7-20-2009) Sec.30-859. Prohibited signs The following types of signs are prohibited in all districts: (a) Abandoned Signs which no longer identify or advertise a bona fide business, service, product, or activity or for which no legal owner can be found. (b) Banners,pennants,festoons,inflatable balloons/displays,and searchlights except as a permitted temporary special event sign under subsection 30-866(h). (c) Off-premises signs,other than Advertising Signs (billboards). (d) Signs imitating or resembling official Government Signs or signals. (e) Signs attached to trees,utility poles,public benches,streetlights,or placed on any public property or public right-of-way,except signs as permitted in subsection 30- 872 (b) (15). (f) Signs placed on vehicles or trailers which are parked or placed for the primary purpose of displaying the sign,except for portable signs or lettering on buses,taxis, or vehicles operating during the normal course of business. (g) Signs suspended beneath a canopy, overhang,roof,or marquee without a minimum clearance from grade of eight (8) feet in either a vehicular way or in a pedestrian way. (h) Any Roof Sign or sign erected above the roofline of a building. (i) Any sign placed within the Vision Clearance Triangle that may obstruct motorist or pedestrian visibility. 0) Rotating or Moving Signs. 4 (k) Unsafe or dangerous signs as determined by the city administrator, or designee. (1) Painted Wall Signs. (m) Signs utilizing flashing and/or revolving beacon lights. (Code 1982,§ 900.22(3)(B);Ord. No. 09-06, § 1, 7-20-2009) State law reference—Signs resembling traffic control devices prohibited,Minn.Stats. § 169.07. Sec.30-860. Permit (a) Required Unless otherwise provided by this subdivision,the erection,alteration,or relocation of a sign shall require permits and payment of fees as described in this section. No permit is required for the maintenance of a sign. (b) Exemptions.The following types of signs are exempt from permit requirements but must otherwise be in conformance with all requirements of this subdivision: (1) On-premises Construction Signs that comply with subsection 30-866(b). (2) On-premises Directional Signs and nameplates having a Sign Area of four (4) feet or less. (3) Portable Signs in the downtown district. (4) Political Signs,on-premises Private Sale Signs or on-premises Event Signs. (5) On-premises residential or commercial Real Estate Signs that comply with subsection 30-866(c). (c) Application.Application for a permit for the erection,alteration,change of copy or relocation of a sign shall be made to the city administrator,or designee,upon a form provided by the city and shall include the following information: (1) The name and address of the owner of the sign. (2) The street address or location of the property on which the sign is to be located,along with the name and address of the property owner. (3) The type of sign or sign structure as defined in this chapter. (4) A site plan showing the proposed location of the sign along with the locations and square footage areas of all existing signs on the same premises. (5) Structural details as required. (6) The building official,at their discretion,may require plans prepared by a structural engineer to verify structural and wind load requirements. 5 (d) Fee.All applications for permits filed with the city administrator,or designee, shall be accompanied by a payment of the initial permit fee for each sign in such amount as determined by city ordinance. (e) Issuance or denial. The city administrator,or designee, shall issue a permit for the erection,alteration,change of copy or relocation of a sign within 30 days of receipt of the completed application and applicable fees,provided that the sign complies with all applicable laws and regulations of the city. In all applications,where a matter of interpretation arises,the more specific definition or higher standard shall prevail. When a permit is denied by the city administrator,or designee,written notice shall be provided to the applicant along with a brief statement of the reasons for denial. The city administrator,or designee,may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. (f) Refund of fee on denial of permit. If a permit is denied,the permit fee shall be refunded to the applicant. (g) Refund of fee on abandonment of permit. If no inspections have been made and no work authorized by the permit has been performed, 50 percent of the permit fee may be refunded to the applicant upon request,provided that the permit is returned to the city administrator,or designee,within 90 days of issuance. (h) Expiration.A permit issued by the city administrator,or designee,becomes null and void if work is not completed within 180 days of issuance. If work authorized by the permit is suspended or abandoned for 180 days,the permit is thereby suspended,but may be reinstated with an additional payment of one-half of the original fee. (i) Failure to obtain permit. If any sign is installed or placed on any property prior to receipt of a permit,the specified permit fee shall be doubled. However,payment of the doubled fee shall not relieve any person of any other requirement or penalties prescribed in this subdivision. (Code 1982,.. 900.22(3)(A), (3)(C), (7)(B)—(7)(E); Ord.No. 09-06, § 1, 7-20-2009) Sec. 30-861. Inspections (a) Any person performing the erection,alteration,or relocating a sign for which a permit has been issued shall notify the building official upon completion of the work.The building official may require a final inspection,including an electrical inspection and inspection of footings on Freestanding Signs. (b) The building official may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs. (Code 1982,§900.22(7)(F);Ord. No. 09-06, § 1, 7-20-2009) 6 Sec.30-862. Maintenance All signs shall be properly maintained,including the ground around the sign. Defective parts shall be replaced on signs.The building official shall have the right under sections 30-856 and 30-858 to order the repair or removal of any sign which is defective,damaged, or substantially deteriorated. (Code 1982, y 900.22(3) (D);Ord. No. 09-06, § 1,7-20-2009) Sec.30-863. Illumination Unless otherwise specified by this subdivision,all signs may be illuminated. (Code 1982, § 900.22(3) (E)) Sec. 30-864. Changeable Copy Signs (a) Unless otherwise specified by this subdivision,any changeable copy sign larger than 30 square feet will require a conditional use permit. (b) Changeable Copy Signs may only display advertising information for on-site businesses,public service announcements, or non-commercial copy. (c) Motor Vehicle Service Stations. Signs for Motor Vehicle Service Stations shall be regulated by the provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen square feet shall be allowed for continuous display (no flashing,scrolling or other animation) of digital or non-digital Changeable Copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. (d) Time and Temperature Signs.Within all commercial and industrial zoning districts,an area not to exceed sixteen 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 Iocated. (e) Digital Changeable Copy Signs (1) In addition to subsections (a) and(b),the display must be static, and the transition from one static display to another must be no more than two (2) seconds. The images and messages displayed must be complete in themselves and without continuation in content to the next image,message, or any other sign. (2) May not change more often that once every eight(8) seconds. 7 (3) Digital displays must be equipped with automatic dimming technology or other mechanisms that automatically adjust the signs illumination level based on ambient light conditions. (4) 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. (5) The display must be designed and equipped to freeze the device in one position if a malfunction occurs.The display 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. (Code 1982,§ 900.22(3) (F);Ord. No. 07-10, § 1, 7-16-2007 Sec. 30-865.Area Identification Signs Area Identification Signs are intended to provide additional navigation and identification opportunities for residential,commercial, and industrial developments meeting the following criteria. (a) Area Identification Signs are permitted as follows: (1) Residential subdivisions of at least 20 acres a. Shall not exceed 16 square feet in area or eight(8) feet in height. b. One (1) sign permitted at each entrance from an arterial or collector roadway. (2) Condominium or apartment complex of at least 12 units a. Shall not exceed 16 square feet in area or eight(8) feet in height. b. One (1) sign permitted at each entrance from an arterial or collector roadway. (3) Commercial or industrial complex a. Must consist of three (3) or more platted lots,or as a planned unit development b. One (1) sign not to exceed 80 square feet in area c. Maximum height as follows: Max ZONING DISTRICT Height C-1 C-2 C-3 C-4 I-1 I-2 I-3 _ BP CRT 7 ft X X loft X 20ft X X X X 30 ft X X 8 (b) Shall identify an area or complex,not individual businesses. (c) Area Identification Signs must be located on the same premise as the Development which it identifies,as required by the development agreement, or as part of a CUP. (d) Must be constructed as a Monument Sign Sec. 30-866. Indemnification of city All persons involved in the erection,alteration, change of copy or relocation of signs near or upon any public right-of-way or public property which requires the use of public property shall,as a condition of the use of such public property for sign work,agree to hold harmless and indemnify the city and its officers,agents,and employees against any and all claims of negligence resulting from such work insofar as this subdivision has not specifically directed the placement of a sign. (Code 1982,§ 900.22(3)(G);Ord.No. 09-06, § 1, 7-20-2009) Sec. 30-867. District regulations The following signs are allowed in all districts: (a) All signs not requiring permits as set forth in subsection 30-860(b). (b) Construction Signs. One (1) on-premises,non-illuminated Construction Sign not to exceed 64 square feet in Sign Area or 15 feet in height. Sign may be erected 30 days prior to the beginning of construction and shall be removed ten (10) days following issuance of a certificate of occupancy. (c) Real Estate Sign. One (1) on-premises,non-illuminated Real Estate Sign per lot or premises not to exceed six (6) square feet in Sign Area for residential lots,and one (1) on-premises non-illuminated Real Estate Sign per lot or premises not to exceed 64 square feet in Sign Area or 15 feet in height for commercial lots. Such a sign must be removed ten (10) days following closing,rental,or lease. (d) Nameplate. One (1) on-premises attached nameplate per occupancy,not to exceed four (4) square feet in Sign Area. (e) Political Signs.As permitted by state statute 211B.045.Political signs are permitted in all zones.Political Signs may be placed only on private property and only with the permission of the property owner. Such signs shall not be illuminated. (f) Directional Signs On-premises Directional Signs not to exceed four(4) square feet per sign in Sign Area. Logos and advertisements are not permitted on Directional Signs. (g) Window Signs. Provided they do not cover more than 50 percent of an individual window area. 9 (1) Vacant commercial spaces may have Window Signs covering 100 percent of an individual window area. (h) Temporary Signs. One (1) on-premise Temporary Sign per property may be installed,as allowed by the city administrator or their designee.Temporary Signs are also subject to the following: (1) Signs may not be displayed for more than a total of 90 days per calendar year, per property.A single permit shall not exceed 30 consecutive days. (2) Signs may not be displayed without a permit. Each permit must indicate the number of days and the dates the sign is to be displayed.A fee and deposit at a level established by ordinance adopted by the City Council is required.The deposit shall be forfeited if the sign is placed on an unapproved surface and/or was erected past the date removed,as indicated on the permit. (3) Maximum sign size shall be limited to 48 square feet and shall not exceed nine (9) feet in height.Lettering shall not extend beyond the edges of the sign. (4) Signs must be located on the property of the business and the advertising message must only relate to business conducted on that premises,except that nonprofit or charitable organizations as defined by Internal Revenue Code section 501(C)(3) may have off-premises signs for their fundraising activities, provided they obtain written permission from the property owner.Nonprofit organizations shall be limited to three (3) signs per event and the signs shall not exceed the number of days allowed in subsection(g) (1). of this section. If an event is advertised for more than 30 days,it shall count toward that property's 90-day limit for Temporary Signage. (5) Signs may not be placed in any right-of-way and must be located on an approved surface;not including fire lanes and/or circulation drive lanes. Approved surfaces include: asphalt,concrete, or class 5 and crushed concrete compacted to a dust free surface. (6) Only signs for the community events listed in subsection 38-383(6) may be placed on city property. (7) For purposes of this section,City of Elk River property leased to other entities shall not be considered city property. (8) Signs must not be unsafe or dangerous and must be securely anchored. (Code 1982, § 900.22(4)(A), (4)(B);Ord.No. 00-06, § 1,3-20-2000;Ord. No. 04-13, § 1, 8-27-2004; Ord. No. 06-12, §2, 10-16-2006;Ord. No. 07-20, § 1, 12-17-2007;Ord. No. 08-14, §2, 10-20-2008; Ord. No. 09-06, § 1, 7-20-2009) 10 Sec.30-868. Construction and Location Standards (a) Compliance with building code.All signs shall be constructed in accordance with the requirements of the state building code. (b) Setback. Except as otherwise provided,Freestanding Signs shall have a setback of ten feet from any property line to any portion of the sign.When a property line is located within the street,the setback shall be 25 feet from the edge of the road. (c) Anchoring. (1) No sign shall be suspended so that the sign will swing in a wind. (2) All Temporary and Portable Signs on display shall be braced or secured to prevent motion. (d) Wind resistance.All signs shall comply with the wind load requirements of the state building code. (e) Obstruction of exits.No sign shall be erected, constructed or maintained so as to obstruct any fire escape,required exit,window or door opening used as a means of egress. (f) Interference with ventilation. No sign shall be attached in any form,shape, or manner which will interfere with any opening required for ventilation,except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of the current building or fire code. (g) Clearance from electrical equipment. Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with present electrical code specifications. (h) Lighting. Lighting shall be directed away from road rights-of-way and adjacent dwellings. (i) Substitution.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 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. (Code 1982, § 900.22(6);Ord. No. 09-06, § 1,7-20-2009) Sec.30-869. C-1 central business district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. 11 (1) Total Wall Sign area not to exceed 5% of Facade area.Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign Area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign, not to exceed 64 square feet with a maximum height of 20 feet. (3) Area Identification Signs as permitted in section 30-865. (4) The Sign Area of Area Identification Signs and Freestanding Signs may be increased by 25 percent if the sign is constructed as a Monument Sign. (5) One (1) on-premises menu board per drive-up or walk-up lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each. Menu boards are allowed to have a message on one side only and may not contain an advertising message. (6) Canopy Signs on Motor Vehicle Service Stations a. In addition to Wall Signs,Motor Vehicle Service Stations shall be allowed two (2) Canopy Signs. b. The total area of each Canopy Sign shall not exceed 32 square feet. (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06, §2,7-20-2009) Sec. 30-870. C-2 office district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5% of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Monument Sign,not to exceed 40 square feet with a maximum height of seven (7) feet. (3) Area Identification Signs as permitted in section 30-8xx (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06, § 2, 7-20-2009) 12 Sec.30-871. C-3 highway commercial district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum height of 30 feet. One Freestanding Sign may be permitted for every 300 feet of street frontage measured along a single street.The frontage shall only include the property in which the Principal Use is located on which the sign is advertising.The additional sign(s) shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and may be placed no closer than 150 feet to any other Freestanding or Monument Sign. (3) Area Identification Signs as permitted in section 30-865. (4) The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25 percent if the sign is constructed as a Monument Sign. (5) One(1) on-premises menu board per drive-up or walk-up lane of a drive-in restaurant or carwash up to a maximum of 32 square feet each.Menu boards are allowed to have a message on one side only and may not contain an advertising message. (6) Canopy Signs on Motor Vehicle Service Stations a. In addition to Wall Signs,Motor Vehicle Service Stations shall be allowed two (2) Canopy Signs. b. The total area of each Canopy Sign shall not exceed 32 square. (7) Advertising Signs (billboards). a. Prohibited within 100 feet of the intersection of the highway right-of- way and any other right-of-way or driveway. b. Prohibited within 1,200 feet of another Advertising Sign on the same side of the right-of-way. c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. d. The base of any Advertising Sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly from the height of the highest point of the 13 sign structure to the grade level directly below the sign.The existing grade may not be altered for the purpose of increasing Sign Height. f. Shall be considered a Principal Use of the property. Existing Advertising Signs must be removed when the parcel upon which they are situated is devoted to another Principal Use. g. Shall only be allowed on property adjacent to rights-of-way for state highway numbers 10 and 169. (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06,§2,7-20-2009) Sec. 30-872. C-4 community commercial district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5%of Facade area.Businesses in Multi Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1)Monument Sign,not to exceed 125 square feet.The maximum height shall be ten (10) feet along collector streets,and the maximum height shall be 20 feet along arterial streets. (3) Area Identification Signs as permitted in section 30-8xx. (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06,§2,7-20-2009) Sec. 30-873. DD downtown district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. Signs should be designed to fit with the character,proportions and scale of the individual building and should complement,rather than compete with, the character of downtown. (1) Prohibited signs: Freestanding Signs,back-lit signs (excluding individual letters),molded plastic Cabinet Signs, smooth/flat plastic signs and signs with strobe lights, flashing elements or distracting actions. 14 (2) One (1)Wall Sign and one (1) Projecting Sign shall be allowed on each primary Facade and on one secondary Facade,which does not extend above the roofline of an adjoining building. (3) One (1) square foot of Wall Sign per one (1) linear foot of unit width,not to exceed 32 square feet, shall be allowed. (4) Wall.Signs shall not exceed 24 inches in height nor project out more than eight (8)inches from Facade. (5) Wall Signs shall not be higher than the bottom of the stringcourse. (6) Projecting Signs provided that: a. The sign does not exceed six (6) square feet in area,shall not project more than four (4) feet from Facade and shall not be thicker than six (6)inches. b. The Projecting Sign projects out perpendicular from facade. c. Projecting Sign and structural elements are not lower than eight (8) feet from the sidewalk,nor higher than the bottom of the sill of the second floor windows. d. The brackets and structure for Projecting Signs shall be ornamentally designed. (7) Signage shall be constructed of metal,wood, stone,plastic (with three- dimensional reliefs) and/or cloth. (8) With the exception of individual letters,only externally illuminated signs are allowed. (9) Existing Freestanding Signs erected prior to the date of the adoption of this section may be rebuilt to the same size in the same location. (10) Aside from a date and name stone not exceeding three (3) square feet,no signage shall be placed within the parapet panel area. (11) Window Signs and Temporary Signs attached to or painted on a window may not cover more than 50 percent of the window surface area. (12) One (1)Portable Sign is permitted per public entrance,and only one (1) sign may be displayed per Facade. a. Two-sided Portable Signs (sandwich boards) may not exceed five (5) feet in height, and six (6) square feet in area. Such signs are only permitted during business hours,must be located in front of the business it identifies,and shall not obstruct pedestrian traffic nor impede vehicular traffic. 15 b. Portable Signs (sandwich boards) shall be set back a minimum of two (2) feet from the back of curb of parking areas,public streets,or private drive aisles. (Ord.No. 09-06, 2, 7-20-2009) Sec.30-874. I-1 light industrial district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum height of 30 feet.Where a lot has in excess of 300 feet of street frontage, one additional Freestanding or Monument Sign will be allowed.This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and may be placed no closer than 150 feet to any other Freestanding or Monument Sign on the same premises. (3) Area Identification Signs as permitted in section 30-865. (4) The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25 percent if the sign is constructed as a Monument Sign. (5) Advertising Signs (billboards). a. Prohibited within 100 feet of the intersection of the highway right-of- way and any other right-of-way or driveway. b. Prohibited within 1,200 feet of another Advertising Sign on the same side of the right-of-way. c. Shall be erected with a single pole or monopole structural standard and shall have underground wiring. d. The base of any Advertising Sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly from the height of the highest point of the sign structure to the grade level directly below the sign.The existing grade may not be altered for the purpose of increasing Sign Height. 16 f. Shall be considered a Principal Use of the property.Existing Advertising Signs must be removed when the parcel upon which they are situated is devoted to another Principal Use. g. Shall only be allowed on property adjacent to right-of-way for state highway numbers 10 and 169. (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06, § 2, 7-20-2009) Sec.30-875. I-2 medium industrial district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of the allotted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residential district. (2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum height of 30 feet.Where a lot has in excess of 300 feet of street frontage,one additional Freestanding or Monument Sign will be allowed.This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and may be placed no closer than 150 feet to any other Freestanding or Monument Sign on the same premise. (3) Area Identification Signs as permitted in section 30-8xx. (3) The Sign Area of Area Identification Signs and Freestanding Signs may be increased 25 percent if the sign is constructed as a Monument Sign. (4) Advertising Signs (billboards). a. Prohibited within 100 feet of the intersection of the highway right-of- way and any other right-of-way or driveway. b. Prohibited within 1,200 feet of another Advertising Sign on the same side of the right-of-way. c. Shall be erected with a single pole or mono-pole structural standard and shall have underground wiring. d. The base of any Advertising Sign must be landscaped to prevent erosion and noxious weeds and must be properly maintained. e. Shall not exceed 400 square feet in area nor 25 feet in height as measured perpendicularly from the height of the highest point of the 17 sign structure to the grade level directly below the sign.The existing grade may not be altered for the purpose of increasing Sign Height. f. Shall be considered a Principal Use of the property. Existing Advertising Signs must be removed when the parcel upon which they are situated is devoted to another Principal Use. g. Shall only be allowed on property adjacent to right-of-way for state highway numbers 10 and 169. (c) Changeable Copy Signs as permitted in section 30-864 (Ord.No. 09-06, § 2, 7-20-2009) Sec.30-876. BP business park district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5%of Facade area. Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Monument Sign,not to exceed 64 square feet with a maximum height of eight(8) feet. (3) Area Identification Signs as permitted in section 30-865 (c) Changeable Copy Signs as permitted in section 30-864 (Ord. No. 09-06, 5 2, 7-20-2009) Sec.30-877. CRT commercial reserve transitional district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Three (3)wall signs,not to exceed 300 square feet per occupancy. (2) One (1) Freestanding Sign,not to exceed 150 square feet with a maximum height of 30 feet. (3) Area Identification Signs as permitted in section 30-865. (c) Changeable Copy Signs as permitted in Sec. 30-864 18 (d) Event sponsor signs,a sign subordinate to a Principal Use intended for the display of information for onsite patrons, shall be allowed if they meet the following criteria: (1) An approved Interim Use permit has been obtained for the property; (2) A sign plan shall be approved by city staff; (3) Property shall be larger than 20 acres; (4) Not to exceed 32 square feet; (5) Must be one-sided only; (6) Shall be setback ten (10) feet from property line,or 25 feet from rights-of- way,whichever is further. (7) Shall face away from rights-of-way; (8) Shall not exceed six (6) feet in height; (9) Shall not be illuminated. (Ord. No. 09-06, § 2, 7-20-2009; Ord. No. 10-10, § 1, 7-19-2010) Sec.30-878. 1-3 general industrial district (a) Temporary Signs as permitted in section 30-851 et seq. (b) Permanent Signs. (1) Total Wall Sign area not to exceed 5%of Facade area.Businesses in Multi- Tenant Facilities shall be allowed their proportionate share of permitted Wall Sign area.Wall Signs are permitted on any Facade that is not directly adjacent a residentially used property. (2) One (1) Freestanding Sign not to exceed 150 square feet,with a maximum height of 30 feet.Where a lot has in excess of 300 feet of street frontage,one (1) additional Freestanding or Monument Sign will be allowed.This sign shall be subject to the size and height limitations of the first allowed Freestanding or Monument Sign and shall be no closer than 150 feet to any other Freestanding or Monument Sign on the same premises. (3) Area Identification Signs as permitted in section 30-865. (4) The Sign Area of an Area Identification Sign or a Freestanding Sign may be increased 25 percent if the sign is constructed as a Monument Sign. (c) Changeable Copy Signs as permitted per in section 30-864. (Ord. No. 13-02, § 1, 3-18-2013) 19 Sec. 30-879. Residential Districts (a) Temporary Signs as permitted in Sec. 30-851 et seq. (b) Permanent Signs (1) One (1) Wall Sign,not to exceed four (4) square feet in area. (2) One (1) Freestanding Sign not to exceed(4) square feet in area. (3) Area Identification Signs as permitted in section 30-8xx (c) Changeable Copy Signs as permitted in section 30-864 (d) For permitted nonresidential uses, such as churches, synagogues, and schools,in residentially zoned areas,one (1) on-premises Freestanding Sign and one Wall Sign, not to exceed 96 square feet in total Sign Area.Where a zoning lot has in excess of 1,000 linear feet of combined street frontage,the total Sign Area shall not exceed 192 square feet with no more than 96 square feet per sign. Freestanding Signage shall not exceed 20 feet in height. (e) Any combination of on-premises Freestanding and wall-mounted Real Estate Signs for model homes having a combined total Sign Area not to exceed 32 square feet. Freestanding Signs for model homes shall have a maximum height of five (5) feet. (f) Rural-Based Businesses shall be allowed up to four (4) off-premises Directional Signs subject to the following restrictions: (1) Individual Directional Signs shall not exceed six (6) square feet. (2) Such signs shall be located on private property which is adjacent to an arterial road,provided that the property owner's permission is obtained in writing. (3) Such signs shall only contain the name of the Rural-Based Businesses and the direction and distance to the facility. (4) Except as otherwise provided, all Freestanding Signs in residential zones shall have a maximum height of eight (8) feet. (5) Signing for straight-ahead movements shall not be allowed. Secs.30-880--30-890. Reserved 20 Definitions: Facade means the exterior wall of a building exposed to public view or that will be viewed by persons not within the building. Multi-tenantfacility,means a commercial,industrial,or residential facility with multiple tenants occupying a single structure Sign means any device, structure,fixture,or placard using graphics, symbols,and/or written copy designed specifically for the purpose of advertising or identifying any establishment,product,goods, or services. Sign, abandoned,means a sign which no longer identifies or advertises a bona fide business,lessor, service,owner,product,or activity,and/or for which no legal owner can be found. Sign, address,means a sign which identifies the numerical address of the premises on which the sign is located. Sign, advertising,means a sign structure advertising an establishment,merchandise,service,or entertainment which is not sold,produced,manufactured, or furnished at the property on which the sign is located. Sign,alteration of,means any change,reconstruction,relocation,or enlargement/reduction of a sign, or of any of its component parts. Routine maintenance and the repainting shall not be deemed to be an alteration. Sign area. (1) The area of any sign shall be the rectangular area of the largest face,including its border area. For signs that are composed of individual letters or symbols,have an irregular shape,have open spaces or are composed of two or more individual cabinets,the Sign Area shall be the area of the smallest single rectangular figure that encloses it. (2) If a freestanding or monument sign is constructed so that the faces are not back to back,the angles shall not exceed ten degrees. If the angle is greater than ten degrees,the total area of both sides added together shall not exceed the maximum allowable sign area for that district. Sign,area identification,means a freestanding or wall sign which identifies a specific residential subdivision development whether single-family or multifamily,or a commercial development or an industrial park,and which is located on the same premises as the development which it identifies. Sign, awning,means a sign painted on,printed on,or attached flat against the surface of an awning. Sign, banner, means a sign made of fabric or any non-rigid material with no enclosing framework. Sign, boulevard,means any stationary self-supported sign fixed to a base flush to the ground and not affixed to any other structure. Sign, business,and Wall Sign mean a sign which only pertains to the use of the premises on which it is located. 21 Sign, cabinet,means a sign or portion of a sign constructed to be supported in substantial part by means of a separate box-like structure,with each segment of the sign message attached to one or a group of supports. Sign, canopy, means any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store,building or place of assembly. Sign, changeable copy,means a sign or portion thereof with characters,letters or illusions that can be changed or rearranged mechanically without altering the face of the surface of the sign. Sign, changeable copy(manual),means a sign on which copy is changeable manually rather than by automation. Sign, (clearance of a)means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign,including the framework and embellishments,extending over that grade. Sign, construction,means a temporary sign erected on the premises on which construction is taking place, during the period of such construction,indicating the names of the architects,engineers, landscape architects,contractors or similar artisans,and the owners,financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the situation or project. Sign, digital changeable copy,includes,but is not limited to, any flashing,blinking,or animated display, and any display that incorporates TED 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. Sign,directional,means a sign erected on private property for the purpose of directing pedestrian or vehicular traffic onto or about the property upon which such sign is located,including signs marking entrances and exits,circulation direction,parking areas,and pickup and delivery areas,which does not display advertising copy. Sign, electrical,means a sign or sign structure in which electrical wiring, connections,or fixtures are used. Sign,face of means the area of a sign on which the copy is placed. Sign,freestanding,means any sign not attached to a principal or accessory building. Sign,government,means any temporary or permanent sign erected and maintained by the city,county, state or federal government for traffic direction or for identification of or direction to any school, hospital,historical site,or public service,property,or facility. Sign height,means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or to the surface grade beneath the sign,whichever is the greater distance. Sign,identification,means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. 22 Sign,illegal,means a sign which has not received a permit to be installed or does not meet the requirements of this Code and which has not received legal nonconforming status. Sign,illuminated,means a sign with an artificial light source incorporated internally or externally for the purpose of making the sign message visible at night. Sign,incidental,means a small sign,emblem, or decal informing the public of facilities or services available on the premises. Sign,marquee,means any sign attached to or supported by a marquee structure. Sign,monument,means a freestanding sign supported by an internal structural framework covered by solid structural feature such that the support structure is not visible.The solid structural feature shall be at least 75 percent of the sign width. Sign,moving,means any sign or device which has any visible moving parts,visible revolving parts, or visible mechanical movements. Sign,painted wall,means any sign which is applied with paint or similar substance on the face of a wall. Sign,political, means a temporary sign used in connection with any local,state,or national election or referendum. Sign,portable,means a two-sided sign that is not permanently affixed to a structure or the ground (i.e. A-frame or sandwich-board signs) and does not exceed six(6) square feet per side or four (4) feet in height. Sign,private sale or event, means a temporary sign advertising private sales of personal property such as house sales,garage sales,and the like or private not-for-profit events such as picnics,carnivals, bazaars,game nights, art fairs,and craft shows. Sign,projecting means a sign,other than a wall sign,which is attached to and projects from a building wall more than six inches. Sign, Real Estate,means a sign advertising the Real Estate upon which the sign is located as being for rent,lease,or sale. Sign, roof,means a sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the roofline of a building with a flat,gambrel or hip roof or the deck line of a building with a mansard roof. Sign, rotating,means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Sign, temporary,means any sign designed to be movable from one location to another and which is not permanently attached to the ground and/or structure. Sign, wall,means a sign attached to a building.This definition includes individual letter and Cabinet Signs,and signs on mansards. 23 Sign, window, means a sign posted,painted,placed, or affixed in or on a window exposed to public view.An interior sign that faces a window exposed to public view and located within three feet of the window is considered a window sign for the purpose of calculating the total area of all Window Signs. Vision clearance triangle,means the area of a corner lot bounded by the right-of-way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines. 24 30-1 Sign, District Gateway—freestanding sign located at the corner of a main ingress or egress to a zoning district which prominently displays the name of the district in fixed letters and district businesses and events via electronic message board. 30-872 (b) 18. One district gateway sign not to exceed 100 square feet with a maximum height of 20 feet. The electronic message board portion of the district gateway sign shall not exceed 80 square feet. The district gateway sign shall be located on the same premises as the district it identifies.