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HomeMy WebLinkAboutCity Council Ordinance 2007-04CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2007-04 AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE. (2006093) THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby amended as follows: A. SECTION 21005.02 (RULES AND DEFINITIONS—DEFINITIONS) IS HEREBY AMENDED BY ADDING, DELETING, OR CHANGING THE FOLLOWING DEFINITIONS AS FOLLOWS: Sign Related: (a) Area Identification Sign: A freestanding sign identifying the name of a single family residential subdivision consisting of five (5) or more lots; a multiple family residential complex consisting of ten (10) or more units; a commercial or industrial development containing two (2) or more structures; a manufactured home park; or any integrated combination of the above. (Amended by Ord. No. 2004-02, 01/13/04) (b) Billboard: See Outdoor Advertising Sign. (c) Changeable Copy Sign: A sign or portion of a sign that has a readerboard for the display of text information in which each alpha -numeric character or symbol is neither electronic nor illuminated and may be changed or rearranged manually or mechanically with characters, letters or numbers that can be changed or rearranged without altering the face or surface of the sign structure. (d) Construction Sign: A temporary sign which displays information announcing the approved construction or development of the site on which it is displayed. (e) Commercial Speech: Speech advertising a business, profession, commodity, service, or entertainment. (f) Directional Sign: A sign erected to indicate the direction of traffic or to direct traffic to specific locations. (g) Electronic Changeable Copy Sign: A sign or portion of a sign that displays electronic, non -pictorial text information in which each alpha -numeric character or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, or other illumination devised within the display area. The characters for the copy or script shall be only that available on a standard word processing keyboard, and shall not include graphics, pictures, or other items. Electronic changeable copy signs include computer programmable, microprocessor -controlled electronic displays and messages that are projected onto buildings or other objects. (h) Electronic Graphic Display Sign: A sign or portion of a sign that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, or other illumination devised within the display area where the message change sequence is accomplished immediately or by means of fade, re-pixalization, or dissolve modes. Electronic graphic display signs include computer programmable, microprocessor -controlled electronic or digital displays. Electronic graphic display signs include images or messages with these characteristics that are projected onto buildings or other objects. (i) Flag: Any fabric or similar lightweight material attached to a staff, pole, or similar device at one end of the material so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia or other symbolic devices. 0) Flashing Sign: A directly or indirectly illuminated sign or portion of a sign that exhibits changing light or color effect by any means, so as to provide intermittent illumination that changes light intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming, graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or sparkling. (k) Freestanding Sign: A self -supported sign not affixed to another structure. (1) Illuminated Sign: A sign illuminated by an artificial light source either directed upon it or illuminated from an interior source. (m) Monument Sign: Any sign not supported by posts, which does not exceed ten (10) feet in height, and located directly at grade where the base width dimension is 75 percent or more of the greatest width of the sign. 2 (n) Multi -Vision Sign: Any sign or portion of a sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and allows on a single sign structure the display of two or more images at a given time. (o) Name Plate Sign: A sign located on the premises, giving the name or address or both of the owner or occupant of a building or premises. (p) Non -Commercial Speech: Dissemination of messages not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and information topics. (q) Non -Conforming Sign: Any sign which existed prior to the adoption of this Chapter and does not conform to the requirements herein. (r) Official Sign: Any sign of a public nature when erected by or on behalf of public officials or employees in the performance of their official duty, including: public notification signs, safety signs, traffic signs, or directional signs to public facilities. (s) Outdoor Advertising Sign: A sign which is located outdoors and which advertises a product, business, service, event, or any other matter which is not available or does not take place on the same premises as the sign. (t) Private Drive Sign: A sign that is located near the entrance(s) to a private drive that serves more than one dwelling unit, and that states "Private Drive" and provides the range of addresses served by the private drive. (Amended by Ord. No 2002-32, 11/26/02) (u) Roof Sign: A sign erected, constructed or attached wholly or in part upon or over the roof of a building. (v) Rotating Sign: A sign or portion of a sign which turns on an axis. (w) Sign: Any letter, word, or symbol, poster, picture, statuary, reading matter or representation in the nature of advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, including all associated brackets, braces, supports, wires and structures, which is visible from outside whether located inside or outside of a building and displayed for informational or communicative purposes. (x) Shimmering Sign: A sign or portion of a sign which reflects an oscillating sometimes distorted visual image. (y) Surface Area: The entire area within a single, continuous perimeter enclosing the extreme limits of the actual sign surface, including any material forming an integral part of the background of the display used to differentiate the sign from the background structure. It does not include any structural elements 3 outside the limits of the sign, such as the base, framing, or decorative roofing, provided there is no advertising copy on such features. For signs consisting of individual letters, figures, or symbols applied directly onto a building or structure, the sign area shall be that area enclosed with the smallest rectangle needed to completely encompass all letters, figures, or symbols. Only one side of a double face or V -type sign structure shall be used in computing total surface area, provided the maximum angle between faces of double-faced or V -type signs is 45 degrees. (z) Temporary Sign: A sign erected or displayed for a specified period of time. (aa) Time and Temperature Sign: Any sign or portion of a sign which displays exclusively current time and temperature information. (bb) Traffic Sign: A sign which is erected by a governmental unit for the purpose of directing or guiding traffic. (cc) Video Display Sign: A sign or portion of a sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including, but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs. Video display signs include images or messages with these characteristics projected onto buildings or other objects. B. SECTION 21155 (SIGN REGULATIONS) IS HEREBY AMENDED AS FOLLOWS: SECTION 21155 - SIGN REGULATIONS 21155.01. FINDINGS: The City finds: Subd. 1. Exterior signs have a substantial impact on the character and quality of the environment. Subd. 2. Signs provide an important medium through which individuals may convey a variety of messages. Subd. 3. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare. Subd. 4. The City's zoning regulations have, since as early as 1971, included the regulation of signs in an effort to provide adequate means of expression and 4 to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. 21155.02 PURPOSE AND INTENT: The purpose and intent of this Section is to: Subd. 1. Regulate the number, location, size, type, illumination and other physical characteristics of signs in order to promote the public health, safety and welfare. Subd. 2. Maintain, enhance and improve the aesthetic environment by preventing visual clutter that is detrimental to the appearance and vitality of the community. Subd. 3. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. Subd. 4. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. Subd. 5. It is not the purpose or intent of this Section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. 21155.03 EFFECT: A sign may be erected, mounted, displayed, or maintained if it conforms to the provisions of this Section. No person shall place, erect, modify, or maintain a sign, nor shall a lessee or owner permit property under their control to be used for such sign, that does not conform to the requirements of this Section, and all other regulations. The effect of this Section, as more specifically set forth herein, is to: Subd. 1. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this Section. Subd. 2. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this Section. Subd. 3. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. Subd. 4. Provide for the administration and enforcement of the provisions of this Section. 5 21155.04. SEVERABILITY: If any subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this Section. The City Council hereby declares that it would have adopted the regulations in each subsection, sentence, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases be declared invalid. 21155.05. GENERAL REGULATIONS AND RESTRICTIONS: The following standards shall apply to all signs in all districts as permitted by this subdivision unless specifically set forth otherwise by this Section. Determination as to the applicability of the standards to any given sign shall rest with the Zoning Administrator subject to the administrative appeal procedures set forth in this Section. Subd. 1. All signs hereafter erected or maintained, except for official or traffic signs, shall conform to the provisions of this Section; with other applicable ordinances and regulations of the City; and, relative to all federal and state highways, with the Minnesota Outdoor Advertising Control Act, Minnesota Statutes, Section 173.01, as amended. Subd.2. Unless specifically prohibited, all signs may be illuminated internally or by reflected light subject to the following: (a). The light source shall not be directly visible and shall be arranged to reflect away from adjoining premises. (b) The illumination source shall not be placed so to cause confusion or hazard to traffic, or to conflict with official or traffic signs, signals, or lights. (c) Maximum illumination levels: (1) Signs using an LED (Light Emitting Diode) light source shall not exceed a luminance level of six hundred (600) candela per square meter (nits) between sunset and sunrise, and shall not exceed a luminance level of five thousand (5,000) candela per square meter between sunrise and sunset. (2) Signs using florescent, neon, or incandescent light sources shall not exceed twelve (12) watts per square foot of sign surface area. (d) No illumination involving movement, by reason of the lighting arrangement, lighting source, changes in either color or intensity of lighting, or other devices shall be permitted. This includes video display signs, or any signs that have blinking, flashing, scrolling, shimmering, and rotating, except that time and temperature signs may be allowed. (Amended by Ord. No. 2006-04, 02/07/06) 31 (e) An electronic changeable copy sign or a changeable copy sign, in addition to other permitted signage, may be permitted provided the following conditions are met: (1) The message shall not be visible from any public street. (2) The portion of the sign allocated to changeable copy shall be no greater than six (6) square feet. (3) The sign shall comply with all other signage regulations. (4) Characters and letters shall be no more than four (4) inches in height. Subd. 3. The message or display on electronic changeable copy signs or electronic graphic display signs shall not change more than four times during any hour, except for those signs permitted by Section 21155.05. Subd. 2 (e) and time and temperature signs. Subd. 4. Signs painted directly on building exteriors are not permitted. Subd. 5. No freestanding signs shall project higher than thirty-six (36) feet above grade. Subd. 6. Except as otherwise limited by this Section, no freestanding sign shall exceed 160 square feet in surface area. Subd. 7. No wall sign or other sign attached to a building shall project above the roof line or parapet of the building to which it is attached or shall constitute a roof sign as defined by this Section. (Amended by Ord. No. 99-5, 01/19/99) Subd. 8. No sign shall be erected or placed that resembles any official marker directed by a government agency, nor shall signs display such words as "stop" or "danger" except that in shopping centers these or other traffic signs may be used where deemed appropriate by the City Engineer. Subd. 9. No sign shall obstruct any window, door, fire escape, stairway, or other authorized or required building opening. Subd. 10. No sign shall be erected or placed that, by reason of position, shape, size, or color, would interfere with proper functioning of a traffic sign or with reasonable visibility at a street intersection. Subd. 11. Signs shall not be permitted within the public right-of-way, or within dedicated public easements except the following: (a) Temporary public announcement signs for city-wide and free community events. 7 (b) Temporary directional real estate signs for community -wide annual events such as the "Parade of Homes". (c) Official or traffic signs erected by a governmental agency. Subd. 12. The owner, lessee, or manager of any sign, and the owner of the land upon which the sign is located, are responsible for keeping the grass and other vegetation cut and for keeping debris and rubbish cleaned up and removed from the property where the sign is located. Further, the same parties shall be responsible for assuring that every sign, including those which may be specifically exempt from these regulations relative to permits and permit fees, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust resistant material. Subd. 13. Signs which, by reason of deterioration, may become unsafe or unsightly, shall be repaired or removed by the licensee, sign owner, or owner of the property upon which the sign stands, upon written notice of the City Zoning Administrator. Subd. 14. No signs shall be permitted which include content classified as "obscene" as defined by Minnesota Statutes Section 617.241. Subd. 15. All signs shall direct primary attention to the business, commodity, service, activity, or entertainment conducted, sold, or offered on the premises where the sign is located, except as otherwise specified and allowed. Subd. 16. The construction of all signs permitted by this Section shall be in accordance with the Minnesota State Building Code, which is hereby adopted by reference as part of this Section, a copy of which shall be maintained by the Zoning Administrator. Subd. 17. No temporary or permanent sign shall be tacked, or otherwise attached to trees, fences, utility poles, or other such structures or supports, unless expressly permitted by this Section or other law. This prohibition includes signs or sign panels attached to outdoor athletic field fences. Subd. 18. No multi -vision sign or any other sign which revolves, rotates, or has any visible moving parts shall be permitted, except that signs alternately displaying time and temperature and barber poles may be allowed. Subd. 19. No temporary or permanent sign shall be permitted in conjunction with any home occupation or licensed home occupation. Subd. 20. No new outdoor advertising signs are permitted in any zoning district. Outdoor advertising signs which exist on April 1, 1998 shall be considered conforming uses. Subd. 21. Outdoor advertising signs are a principal use of property. All such signs must be removed as a condition of subdivision, platting, site plan, or PUD approval for new uses or structures on the parcel where the outdoor advertising sign is located. Subd. 22. Signs are not permitted on bus benches. Subd. 23. The owner of any sign which is otherwise allowed by this Section may substitute non-commercial speech in lieu of any other commercial speech or non- commercial speech. 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 speech over any other non-commercial speech. This provision prevails over any more specific provision to the contrary. This substitution of copy may be made without any additional approval or permitting so long as the substitution changes the message of the sign only. The exemption to separate approvals or permits shall not be construed as relieving the sign owner from responsibility for its erection and maintenance or its compliance with the provisions of this Section or any other law or ordinance regulating the same. 21155.06. DISTRICT REQUIREMENTS: Subd. 1. All Districts. The following signs are permitted in all zoning districts subject to applicable administrative procedures of Section 21155.07. (a) On -Site Directional Signs. On-site directional signs shall be permitted in any approved off-street parking area, when deemed necessary for the orderly movement of traffic, provided all the following conditions are met: (1) Directional signs shall not exceed four (4) square feet of surface area, and shall not project higher than eight (8) feet above grade, except that directional signs for buildings over 400,000 square feet in area shall not exceed fourteen (14) square feet of surface area. (2) Directional signs directed at persons off the site shall be limited to one (1) such sign per street access to the site. (3) Directional signs shall not be illuminated unless illumination is deemed by the City as essential to the orderly flow of traffic. (4) Directional signs shall be located and designed so as to not obstruct traffic or vision of drivers and pedestrians. (5) At least seventy-five (75) percent of the surface area shall be used to indicate the direction of traffic or to direct traffic to a specific location. (b) Off -Site Directional Signs. (1) In addition to other freestanding signs permitted in the applicable zoning district, off-site directional signs are permitted for businesses, 9 apartment complexes, or institutions that are not located on a minor arterial or a major collector street. Such uses may display one (1) off-site directional sign on private property that abuts a minor arterial or major collector street, subject to the following requirements: a. Off-site directional signs may be located in any zoning district. b. There shall be no more than one (1) off-site directional sign for each business, apartment complex or institution. C. Off-site directional signs shall be visible from a minor arterial or major collector street. d. Off-site directional signs shall be located at the major intersection nearest to the business, apartment complex or institution displaying the sign. e. There shall be no more than one (1) off-site directional sign per intersection corner. f. Off-site directional signs shall not exceed four (4) square feet in surface area or eight (8) feet in height. g. Off-site directional signs shall not be illuminated. h. At least seventy-five (75) percent of the surface area shall be used to direct traffic to a specific location. i. Off-site directional signs cannot be transferred to any other entity without review and permitting by the Zoning Administrator. j. Off-site directional signs shall be located outside of the sight visibility triangle. k. No off-site directional sign shall be located on any property without the written consent of the current property owner. The applicant for the sign permit shall be responsible to obtain written consent from subsequent property owners. 1. Off-site directional signs required by the City of Plymouth for public safety purposes are subject to the above requirements. Such signs may exceed four (4) square feet in area to accommodate an affected location address. (Amended by Ord. No. 2001-26, 08/14/01 (2) One (1) off-site directional sign for properties located in commercial or industrial districts may be located on an abutting premises 10 if deemed necessary by the Zoning Administrator in order to avoid confusion to the traveling public and assist emergency vehicles in locating the premises, provided all the following conditions are met: a. The signage rights are designated in a recorded easement or similar instrument. b. The premises served by the off-site directional sign shall not have direct access to a public street. C. The off-site directional sign shall be located on a premises that 1) provides access to the premises served by the off --site directional sign, and 2) has access on an arterial or collector roadway. d. At least seventy-five (75) percent of the surface area shall be used to direct traffic to a specific location. e. The sign shall comply with all other ordinance requirements, except that the maximum height of such sign shall not exceed five (5) feet. (Amended by Ord. No. 2001-06, 02/13/01) (c) Temporary Signs. (1) Construction Signs. One (1) temporary sign not exceeding a total surface area of ninety-six (96) square feet, not exceeding sixteen (16) feet in height, and not less than two (2) feet above grade. Such signs shall be set back at least ten (10) feet from lot lines. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. (2) . Real Estate Signs, Off -Premise. One (1) temporary real estate sign located off the site being developed shall not exceed sixteen (16) square feet in surface area, or six (6) feet in height, or eight (8) feet in width. Such signs shall be set back at least ten (10) feet from lot lines. Off-site temporary real estate signs shall be located at least two hundred (200) feet from any other such sign, unless grouped with other temporary real estate signs, provided that the total surface area of all such grouped signs shall not exceed thirty-two (32) square feet. The signs shall be located on private property with the express consent of the property owner who, with the owner or manager of the sign, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Such signs shall be allowed for three (3) years from the date of original building permit issuance, or until construction in the development is completed, whichever occurs first. More than one off-site temporary real estate sign may be allowed per development in cases where, due to the large size of the project or due to an incomplete roadway system, such 11 signage is deemed necessary by the Zoning Administrator to' avoid confusion to the traveling public. (Amended by Ord. No. 2001-06, 02/13/01) (3) Non-commercial Signs. Temporary non-commercial signs of any size and in any number may be posted from August 1 in a state general election year until ten (10) days following the general election, and from thirteen (13) weeks prior to any special election until ten (10) days following the special election. Signs shall be removed not more than ten (10) days after an election. The owner or manager of the sign, the owner of the land, or the political candidate shall be equally responsible for the proper location, maintenance, and ultimate removal of the signs. Setback requirements may be waived for such signs, provided that they are located on private property with the express consent of the property owner, and provided that they do not impede safety by obstructing vision of pedestrians or motor vehicle operations. (Amended by Ord. No. 2006-04, 02/07/06) (4) Public Announcement Signs. Temporary signs for non- commercial announcements shall not exceed thirty-two (32) square feet in surface area. For city-wide and free community events, up to three (3) such signs per event may be permitted with a maximum combined surface area not to exceed three hundred (300) square feet. Such signs shall be located at least ten (10) feet from lot lines, and shall be removed when the intended purpose has been fulfilled or for a maximum time of fourteen (14) days. The owner or manager of the sign and the owner of the land shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2000-06, 02/29100) (Amended by Ord. No. 2002-02, 01/22/02) Subd. 2. Residential Districts. Signs are accessory to permitted, interim and conditional uses in residential districts. Only the following signs are permitted in the FRD, RSF and RMF Districts, unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Nameplate Signs. One (1) nameplate sign provided that the surface area does not exceed four (4) square feet. If the nameplate sign is freestanding, it shall be located at least ten (10) feet from lot lines, and shall not exceed six (6) feet in height. (c) Signs for Non -Residential Uses. (1) One (1) freestanding sign not to exceed thirty-two (32) square feet in surface area. The sign shall be located at least ten (10) feet from lot lines, and shall not exceed six (6) feet in height. 12 (2) Wall signage shall be permitted on one wall of allowed non- residential uses; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wall to which the sign is attached, whichever is greater. (Amended by Ord. No. 2000-06, 02/29/00) (d) Area Identification Signs. (1) Area identification signage shall be permitted for each multi - residential project or residential subdivision. For purposes of this Section, residential subdivisions shall include all phases of approved staged developments. (2) The area identification signage shall be located near entrances to the project or subdivision, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (Amended by Ord. No. 2002-02, 01122102) (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per project or subdivision. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (e) Temporary Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants in the FRD District only. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from the lot lines, and shall be erected only during the period of transient sales as defined by the administrative permit. (f) Temporary Real Estate Signs, On -Premise. One (1) temporary sign related to the sale, rent, or lease of land, parcels and lots, of primary buildings, and of areas within primary buildings shall be less than eight (8) square feet in surface area. Apartment complexes may have one (1) wall sign with a surface area not to exceed five (5) percent of the area of the wall to which it is attached. Such apartment complex wall signage may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. 13 The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (g) Private Drive Signs. One (1) private drive sign not exceeding eight (8) square feet in area or five (5) feet in height shall be located near each entrance to a private drive, pursuant to Section 21137 of this Chapter. (Amended by Ord. No. 2002-32,11126102) Subd. 3. O, Office District. Signs are accessory to permitted, conditional, and interim uses in the O District. Only the following signs are permitted in this district, unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Freestanding Signs. One (1) freestanding sign not exceeding sixty-four (64) square feet in surface area, and maximum height of sixteen (16) feet. The sign shall be set back at least ten (10) feet from lot lines. (c) Wall Signage. (1) Wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may'have signage on one wall per street frontage. Such signage shall not exceed fifty (50) square feet in surface area, or five (5) percent of the area of the wall to which the sign is attached, whichever is greater; and, shall not extend more than eighteen (18) inches from the face of the building except that such signage may extend from the face of the roof over a covered walk, or from a marquee, providing the signage does not extend above the roof line or parapet of said building. (Amended by Ord. No. 99-5, 01/19/99) (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (d) Area Identification Signs. (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located near entrances to the development, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be 14 permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (e) Signs for Residential Uses. For residential uses in the O District, signs shall be permitted as allowed in Section 21155.06, Subd. 2. (f) Temporary Signs. (1) Special Event Signs. One temporary sign may be mounted on a portable stand, with a maximum surface area not exceeding thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines, and shall not be 15 located in any required side or rear yard. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. (Amended by Ord. No. 2002-02, 01122/02) Subd. 4. Other Commercial Districts. Signs are accessory to permitted, interim, and conditional uses in the C-1, C-2, C-3, C-4, C-5, and B -C Districts. Only the following signs are permitted in these districts, unless otherwise specifically provided in this Section: (Amended by Ord. No. 2000-09, 03/21100) (a) All signs permitted in Section 21155.06, Subd. 1. (b) Wall Signage. (1) Allowable uses and business establishments, including individual business and tenants in multi -tenant commercial buildings, may have wall signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. Canopies for motor vehicle fuel sales that do not include a convenience market on the lot shall be permitted separate signage. Such signage may occur on all faces of the canopy and shall not exceed twenty-four (24) square feet in surface area or twenty (20) percent of the face of the canopy to which the signs are attached, whichever is greater. (Amended by Ord. No. 2001-25, 08/14/01) (c) Freestanding Signs. (1) One (1) freestanding sign not to exceed one hundred (100) square feet in surface area or thirty-six (36) feet in height, and set back at least ten (10) feet from lot lines. (2) The freestanding sign shall be allowed to have up to 25 percent of the sign area to include a time and temperature sign, a changeable copy sign, an electronic changeable copy sign or an electronic graphic display 16 sign. The portion of the sign containing changeable copy (electronic or not) or electronic graphic display shall be an integral part of the sign or shall be directly connected to the non -changeable copy portion of the sign. (Amended by Ord. No. 2000-06, 02129/00) (Amended by Ord. No. 2005-30, 11/29/05) (d) In addition to the freestanding sign above, restaurant uses in the C-3 and C-4 districts with a drive-through facility may have up to two (2) additional signs, subject to the following conditions: (1) The combined surface area of the two signs shall not exceed 40 square feet. (2) Neither sign shall exceed eight (8) feet in height from grade to the top of the sign. (3) The sign(s) shall be single -sided, located adjacent to the drive- through aisle, and oriented so that the signs provide information to the patrons using the drive-through facility only. (4) If two signs are used, they shall be similarly designed with the same style, materials and color. . (5) Extenders shall not be attached to any sign in excess of the maximum size allowed. (Amended by Ord. No. 99-5, 01119199 and Ord. No. 2003-06, 03125/03) (e) Area Identification Signs. (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located near entrances to the development, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (Amended by Ord. No. 2002-02, 01/22/02) (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for 17 the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (f) Temporary Signs. (1) Special Event Signs. One temporary sign may be mounted on a portable stand, with a maximum surface area not exceeding thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal. of the sign. (Amended by Ord. No. 2000-06, 02/29/00) Subd. 5. CC (City Center) Districts. Signs are accessory to permitted, interim, and conditional uses in the CC -P, CC -R, CC -RE, and CC -OT Districts. Only the following signs are permitted in these districts unless otherwise specifically provided in this Section: IV (a) All signs permitted in Section 21155.06, Subd. 1. (b) Wall signage: (1) Allowable uses and business establishments, including individual business and tenants in multi -tenant commercial buildings, may have wall signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. Canopies for motor vehicle fuel sales that do not include a convenience market on the lot shall be permitted separate signage. Such signage may occur on all faces of the canopy and shall not exceed twenty-four (24) square feet in surface area or twenty (20) percent of the face of the canopy to which the signs are attached, whichever is greater. (c) Freestanding Signs: (1) CC -R, CC -RE, and CC -OT: One (1) monument sign shall be permitted per lot, provided the height shall not exceed ten (10) feet, and the surface area of the sign shall not exceed thirty-two (32) square feet. Such signage shall be set back at least ten (10) feet from all lot lines. (2) CC -P: One (1) monument sign shall be permitted per lot, provided the height shall not exceed ten (10) feet, and the surface area of the sign shall not exceed sixty-four (64) square feet. Such signage shall be set back at least ten (10) feet from all lot lines. The monument sign may include a changeable copy sign, an electronic changeable copy sign or an electronic graphic display sign provided it is set back at least fifteen (15) feet from all lot lines. (3) For properties directly abutting Highway 55, one freestanding sign not exceeding thirty-six (36) feet in height shall be permitted per lot in lieu of the monument sign identified in (1) above, provided the surface area of the sign shall not exceed one hundred (100) square feet. Any such freestanding sign shall be located between Highway 55 and the building, 19 and shall be setback at least ten (10) feet from all lot lines. Twenty-five (25) percent of the surface area may be used for a time and temperature sign, except that time and temperature signs shall not be permitted if any adjacent property has a time or temperature sign. (d) Area Identification Signs: (1) Area identification signage shall be permitted for commercial developments with two or more structures. (2) The area identification signage shall be located near entrances to the development, except that one (1) area identification sign does not need to be located near an entrance to the project or subdivision provided it is located along an abutting arterial or major collector roadway. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (e) Temporary Signs: (1) Special Event Signs. One temporary sign may be mounted on a portable stand, with a maximum surface area not exceeding thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. 20 (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and shall be erected only during the period of transient sales as defined by the administrative permit. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Subd.6 Industrial Districts. Signs are accessory to permitted and conditional uses in the I-1, I-2 and I-3 Districts. Only the following signs are permitted in this district unless otherwise specifically provided in this Section: (a) All signs permitted in Section 21155.06, Subd. 1. (b) Wall Signage. (1) Allowable uses and business establishments, including individual business and tenants in multi -tenant commercial buildings, may have wall signage provided such signage not extend more than eighteen (18) inches from the building, except that such signage may extend from the face of the roof over a covered walk, or from a marquee, provided the signage does not extend above the roof or parapet of said building. Such wall signage shall be permitted on one wall; however, lots with frontage on two or more streets may have signage on one wall per street frontage. Such signage shall not exceed ten (10) percent of the area of the wall to which the signage is attached. All such signs shall be reviewed by the building ownership or management who shall provide a written endorsement at the time application is made for the sign permit. (2) Canopies shall be considered to be an integral part of the structure to which they are accessory. Signs may be attached to a canopy, but such structures shall not be considered as part of the wall area, and thus shall not warrant additional sign area. Canopy signage shall be deducted from the permitted wall signage area. (c) Freestanding Signs. One (1) freestanding sign not exceeding one hundred (100) square feet in surface area or thirty-six (36) feet in height, and is set back at least ten (10) feet from lot lines. The surface area of the sign may be increased to a maximum of one hundred sixty (160) square feet for industrial developments of over twenty (20) acres. 21 (d) Area Identification Signs. (1) Area identification signage shall be permitted for industrial developments with two or more structures. (2) The area identification signage shall be located at the entrance to the development. (3) Two (2) area identification signs, not exceeding thirty-two (32) square feet in surface area per sign, or ten (10) feet in height, may be permitted per development. An area identification sign shall be located at least ten (10) feet from lot lines. (4) When such signs are proposed and constructed by an individual or firm other than the individual or association who will be responsible for the maintenance, there shall be a covenant prepared by the proponent establishing responsibility for the maintenance of the sign or signs over the entire project or subdivision, to be approved by the City Attorney, and to be recorded on the property title(s) prior to issuance of the sign permit. Further, appropriate easements shall be provided for the approved signs on the property or properties where the signs are to be located; the easements shall be recorded prior to the issuance of the sign permit. (e) Temporary Signs. (1) Special Event Signs. One temporary sign may be mounted on a portable stand, with a maximum surface area not to exceed thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. (2) Transient Merchant Signs. One (1) temporary sign for transient merchants and transient produce merchants. The sign shall not exceed sixteen (16) square feet in surface area, and shall not exceed six (6) feet in height. The sign shall be set back at least ten (10) feet from lot lines and 22 shall be erected only during the period of transient sales as defined by the administrative permit. (3) Real Estate Signs, On -Premise. One (1) temporary sign announcing the development, the availability of lots and/or buildings, the sale, rent, or lease of land, of primary buildings, and of areas within primary buildings shall have a surface area not exceeding ninety-six (96) square feet, shall be located on the subject property, and shall be removed when the intended purpose has been fulfilled. If the sign is freestanding, it shall be set back at least ten (10) feet from lot lines. The owner or manager of the sign and the owner of the land, shall be equally responsible for the proper location, maintenance, and ultimate removal of the sign. Subd. 7. Public Institutional Districts. Signs are accessory to permitted, conditional and interim uses in the P -I District. Only the following signs are allowed in these districts, unless otherwise specifically provided in this Section. (a) All signs permitted in Section 21155.06, Subd. 1. (b) One monument sign per street frontage, provided that: (1) The sign does not exceed sixty-four (64) square feet in surface area or ten (10) feet in height. The sign shall be set back at least ten (10) feet from lot lines. (Amended by Ord. No. 99-5, 01119199) (2) The sign may include a changeable copy sign, an electronic changeable copy sign or an electronic graphic display sign, provided that: a. The sign shall be setback at least fifty (50) feet from side and rear property lines, except that in no case shall such signage be set back less than one hundred (100) feet from any directly abutting residentially guided or used property. b. The sign shall not be illuminated between the hours of 10:30 p.m. and 6:00 a.m. (3) The sign may be single or double faced. (Amended by Ord. No. 2000-06, 02129100) (c) Wall signage shall be permitted on one wall only, and shall not exceed fifty (50) square feet or five (5) percent of the area of the wall to which the sign is attached, whichever is greater. (Amended by Ord. No. 2001-06, 02113101) (d) Temporary signs. One temporary sign may be mounted on a portable stand, with a maximum surface area not to exceed thirty-two (32) square feet, or may be a wall sign subject to the same size standards as the permanent wall 23 signage allowed for the use. Such signs must be located on the subject property and may be used not more than four (4) times per calendar year, and for a period of not more than fourteen (14) days per time. Multi -tenant buildings with five (5) or more lease -spaces shall be permitted one such sign per tenant per calendar year. Multi -tenant buildings with less than five (5) lease -spaces shall be considered as a single property for purposes of this paragraph. The use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Subd. 8. Planned Unit Development Districts. A comprehensive sign plan is required for all non-residential PUDs (Planned Unit Development). Sign requirements within PUD Districts which are the same as those imposed in the corresponding zoning district in which the use is customarily permitted may be approved as part of the PUD final plan. Comprehensive sign plans which require variances from those standards shall require a PUD amendment. (Amended by Ord. No 2000-06, 02/29/00) 21155.07. ADMINISTRATION AND ENFORCEMENT: The sign regulations set forth in this Section shall be administered and enforced by the Zoning Administrator. The procedures, standards and requirements for the administration and enforcement of the provisions shall be in accordance with this Section, the City Code, and other applicable laws and regulations. Subd. 1. Permits Required. No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a permit from the City, except for those signs which are specifically exempted by these regulations. (a) An application for a permit shall be submitted to the Zoning Administrator in accordance with the permit procedures of the City Code and the requirements of this Section. The application shall include the information required by the form provided by the City and shall be accompanied by appropriate documents and plan or plans drawn to scale which legibly and accurately reflect the following: (1) The location of proposed and existing signs in relation to property lines and existing and proposed building based upon a certified survey or site plan approved by the City which accurately reflects current conditions on the property. (2) The design, full dimensions, and specifications including the method of construction, and attachment to a building or placement in the ground. 24 (3) Stress calculations, where applicable, indicating that the structure's design for dead load and wind pressure in any direction in the amount required by City Code and regulations. (4) The addition, deletion, alteration, replacement or improvement of any electrical component. (5) Such other information as the Zoning Administrator or Building Official shall require to show full compliance with this Section and other applicable laws or codes of the City. The Zoning Administrator may waive requirements for technical information specified above where such information is not necessary to the determination of compliance. (b) The appropriate permit fee as set forth in the City Code shall be required prior to issuance of the permit. (c) The Zoning Administrator shall notify the applicant, in writing, of an incomplete application within fifteen (15) days of the date of submission. (d) The Zoning Administrator shall review the application and related materials and shall determine whether the proposal is in compliance with all applicable evaluation criteria, codes, ordinances, and applicable performance standards set forth in this Section within sixty (60) days of submission of a complete application. (e) The Zoning Administrator shall, upon approval, issue a written permit authorizing the proposed sign and related work; the permit shall, where applicable, specify the duration of the sign; and the permit shall indicate any special conditions or requirements related to the construction of the sign (f) Expiration and renewal of permits shall be in accordance with the provisions of the Minnesota State Building Code for building permits. Subd. 2. Signs Not Requiring Permits. The following signs and work do not require a permit. The exemptions shall not be construed as relieving the owner or contractor of the sign from responsibility for its erection and maintenance, and its compliance with the provisions of this Section or any other law or ordinance regulating the same. (a) Official signs located in the public right-of-way or traffic signs erected by a governmental agency. (b) Changing the copy or message of an allowed sign expressly designed with changeable copy or changing the display surface on a painted or printed sign only (as in poster replacement or on-site changes involving sign painting elsewhere than directly on a building). (c) Changing the copy or sign face of an outdoor advertising sign, unless a major structural change or a change to the electrical components is involved. 25 (d) Address letters and numerals required by and in conformance with City Codes. Included are related signs, not to exceed two (2) square feet, displayed strictly for the convenience of the public such as identification signs for rest rooms, waste receptacles, door bells, mailboxes, reserved parking spaces, loading zones, or primary building entrances. (e) Temporary real estate signs that do not exceed eight square feet in surface area as authorized by Section 21155.06. (f) Directional signs for free community events and community -wide annual events such as the "Parade of Homes" as authorized by Section 21155.05. (g) Temporary construction signs that do not exceed eight (8) square feet in sign area, as authorized by Section 21155.06. (h) Non-commercial signs not exceeding thirty-two (32) square feet in sign area, and all non-commercial signs authorized by Section 21155.06, Subd. 1 (c) (3). (Amended by Ord. No. 2006-04, 02/07/06) (i) Temporary signs in conjunction with an approved administrative permit. 0) Flags. Subd.3. Enforcement. All signs shall be subject to inspection by the Zoning Administrator or authorized designees who are hereby authorized to enter upon any property or premises to ascertain whether these regulations are being met. Such entrance shall be made during normal business hours, unless a clear and present emergency exists. The Zoning Administrator may order, in writing, the removal of any sign that is not maintained in accordance with the standards or maintenance requirements of this Section. Continued violations of this Section shall be administered and prosecuted in accordance with the City Code. Subd.4. Removal of Abandoned Signs, Signs in Disrepair and Signs Located in the Public Right -of -Way. (a) Abandoned Signs and Signs in Disrepair: An abandoned sign or sign in disrepair is prohibited and shall be removed by the owner of the premises within 30 days after notification. If compliance with the provisions of this Section is not achieved within 30 days, the sign shall be deemed a public nuisance by following the procedure as specified in Section 2010 of the Plymouth City Code. If an abandoned sign remains in good condition and without holes or other evidence of disrepair or damage, the sign shall not be considered as abandoned for a period of one year. (b) Signs on Public Property or Within Public Right -of -Way: The City may at any time and without notice impound signs which have been installed on public property or within public right-of-way or easement. 26 Subd. 5. Variances and Appeals. Variances from the dimensional and location standards of this Section shall be subject to the procedures and requirements set forth in Section 21030 of this Chapter. No variances shall be considered which would allow signs in districts or places where such signs are prohibited or not allowed. Appeals to administrative rulings of the Zoning Administrator shall be made in accordance with the procedures and requirements of Section 21035 of this Chapter. 21155.08. LICENSING REQUIREMENT: No person or company shall be engaged in the business of installing, erecting, constructing, placing, maintaining, renting, leasing, or removing signs within the City of Plymouth without first obtaining a sign contractor's license. The procedures and fees for such license shall be as set forth in Chapter 10 of the City Code. 21155.09. TEMPORARY OUTDOOR PROMOTIONAL EVENTS: The Zoning Administrator shall approve signs or other devices; the purpose of which is to attract attention that do not comply with the standards of this Section when such signs or devices are directly related to, and a part of, a temporary outdoor promotional event as defined and regulated by Section 21025. Examples of the signage and devices that may be requested in this matter are spotlights, skytrackers, inflatables, balloons, portable signage, and similar devices. All requests for approval by the Zoning Administrator responsive to this paragraph shall be made with the initial application for a temporary outdoor promotional event as defined and regulated in Section 21455.11, Subd. 9 of this Chapter. The request for such signs/devices shall conform to the following requirements: Subd. 1. The sign/device shall only be located on the site during the duration of the event as defined in the administrative permit. Subd. 2. No sign/device shall be located on the roof of any building, in the public right-of-way, within any required yard, or in any location that impairs the parking capacity, pedestrian and vehicular traffic circulation, or emergency access. Subd. 3. Only one sign/device shall be allowed per event and no more than one sign/device shall be allowed on a property at any one time. (Amended by Ord. No. 98-11, 04/01/98) (Amended by Ord. No. 2005-01, 01/11/05) SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. 27 ADOPTED by the City Council on January 23, 2007. Kelli Slavik, Mayor ATTEST: L" 4jmAadw Sandra R. Engdahl, y Clerk