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SIGN ORDINANCE
NORTHERN TOWNSHIP
445 Town Hall Road NW
Bemidji, MN 56601
218-751-4989
2003
TABLE OF CONTENTS:
Section One - Purpose & Scope ………………………………...Page 2
Section Two - Definitions ……………………………………….. Page 2
Section Three - General Provisions …………………………….Page 7
Section Four - Regulations by Zone …………………………... Page 9
Section Five - Administration & Enforcement ………………. .Page 11
Section Six - Conflict & Effective Date ……………………….. ..Page 13
SECTION ONE
PURPOSE & SCOPE
Section 1.01 - Purpose
The purpose of this Ordinance shall be to coordinate the type, placement, and scale of signs within the different land-use zones to recognize the commercial communications requirements of all sectors of the business community; to encourage the innovative use of design; to encourage both renovation and proper maintenance; to allow for special circumstances; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone. The placement and scale of signs are regulated primarily by type, lot size investment, and surrounding conditions. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this Ordinance. Thus the primary intent of this Ordinance shall be to regulate signs of a commercial or general informational nature intended to be viewed from any vehicular or pedestrian public right-of-way.
SECTION TWO
DEFINITIONS
Certain terms are defined for the purposes of this Ordinance as follows:
Abandoned Sign -
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 one year from the date of discovery.
Administrator -
The Ordinance Administrator or a designated representative.
Animated Sign -
(see also and note difference from Changeable Sign) A sign or display manifesting either kinetic or illusionary motion occasional by natural, manual, mechanical, electrical or other means.
Awning -
A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. (Compare “Marquee”)
Awning Sign -
A sign painted on, printed on, or attached flat against the surface of an awning.
Back Lit Awning -
(see Electric Awning)
Banner Sign -
A sign made of fabric or a nonrigid material with no enclosing framework.
Billboard -
Any stand alone sign advertising a product, business, establishment, idea, person or other advertisement regardless of size or location. (see “Off-Premise sign”)
Blade Sign -
(see “Ground sign”)
Building -
As defined in Article I Section 101 of the Land Use Ordinance established for Northern Township.
Canopy (Building) -
A rigid multi-sided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground. May be illuminated by means of internal or external sources.
Canopy Sign -
A sign affixed or applied to the exterior facing surfaces or surfaces of a building or freestanding canopy.
Changeable Sign -
A sign whose informational content can be changed or altered by manual or electric, electro-mechanical or electronic means.
Clearance (of a Sign) -
The smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
Clearview Zone -
The area of a corner lot closest to the intersection, which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Typically, such an area is established by marking a point at which the curb lines intersect, measuring back fifty (50) feet on each street front, and drawing a line across the two back points to form a triangulated area. No sign may be installed in this area.
Construction Sign -
A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
Copy -
The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
Directional/Informational Sign -
An on-premise sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs. May contain logo provided that the logo may not comprise more than 20% of the total sign area. Off-premise signs may include an arrow directing traffic to a place of business.
Double-Faced Sign -
A sign with two faces, essentially back-to-back.
Electric Awning Sign -
(also “Back Lit Awning”) - An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
Electrical Sign - A sign or sign structure in which electrical wiring, connections, or fixtures are used.
Electronic Message Center -
(see “changeable signs, Electrically Activated)
Façade -
The entire building front, including the parapet.
Face of Sign -
The area of a sign on which the copy is placed.
Festoons -
A string of ribbons, tinsel, small flags, or pinwheels.
Flashing Sign -
(see “Animated Sign, Electrically Energized”)
Freestanding Sign -
A sign supported permanently upon the ground by poles or braces and not attached to any building.
Frontage -
The length of the property line of any one premise along a public right-of-way on which it borders.
Frontage, Building -
The length of an outside building wall facing a public right-of-way.
Government Sign -
Any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.
Ground Sign -
(also “Blade Sign”) - A sign which is anchored to the ground similar to a pylon or freestanding sign, but which has a monolithic or columnar line from grade to top. Height and setbacks are to be the same as for freestanding signs.
Height (of a sign) -
The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (Compare to “Clearance”)
Identification Sign -
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.
Illegal Sign -
A sign, which does not meet the requirements of this code and which, has not received legal nonconforming status.
Illuminated Sign -
A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental Sign -
A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
Lot -
A parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record or survey map.
Low Profile Sign - (also “Monument Sign”) - A sign mounted directly to the ground with maximum height not to exceed six (6) feet.
Maintenance -
For the purposes of this Ordinance, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard -
A sloped roof or roof-like façade architecturally comparable to a building wall.
Marquee -
A permanent roof-like structure or canopy of rigid materials supported by and extending from the façade of a building. (Compare to “Awning”)
Marquee Sign -
Any sign attached to or supported by a marquee structure.
Monument -
(see “Low Profile Sign”)
Multiple-faced Sign -
A sign containing three (3) or more faces, not necessarily in back-to-back configuration.
Nameplate -
A nonelectric on-premise identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
Nonconforming Sign -
(1)A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.
(2) A sign which does not conform to the sign code requirements, but for which a special permit has been issued.
Occupancy -
The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Off-Premise Sign -
(also “Billboard”) - A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g. “billboards” or “outdoor advertising”.
Off-Site Directional Sign -
A sign, which provides directional assistance to access an establishment conveniently and safely. Such signs shall be limited by the Administrator in size, height, and placement as justified.
On-Premise Sign -
A sign, which pertains to the use of the premises and/or property on which it, is located.
Owner -
A person recorded as such on official records. For the purpose of this Ordinance, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded, or otherwise brought to the attention of the Administrator, e.g., a sign leased from a sign company.
Painted Wall Sign - Any sign that is applied with paint or similar substance on the surface of a wall.
Parapet -
The extension of a false front or wall above a roofline.
Person -
Any individual, corporation, association, firm, partnership, or similarly defined interest.
Point of Purchase Display -
Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser, tire display, etc.
Pole Cover -
Cover enclosing or decorating poles or other structural supports of a sign.
Political Sign -
A temporary sign used in connection with local, state, or national election or referendum.
Portable Sign -
Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
Premises -
A parcel of land with its appurtenances and buildings, which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting Sign -
A sign, other than a flat wall sign, which is attached to and projects perpendicular from a building wall or other structure not specifically designed to support the sign.
Real Estate Sign -
A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Roofline -
The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
Roof Sign -
Any sign erected over or on the roof of a building. (See “Mansard, “Wall Sign”)
Rotating Sign -
(see “Animated Sign, Mechanically Energized”)
Sign -
Any device, structure, fixture, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services.
Snipe Sign -
A temporary sign or poster affixed to a tree, fence, etc.
Subdivision Identification Sign -
A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
Temporary Sign -
A sign not constructed or intended for long term use.
Under-Canopy Sign - A sign suspended beneath a canopy, ceiling, roof, or marquee.
Use -
The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
“V” Sign -
A sign consisting of two (2) essentially equal faces, positioned at an angle subtending less than one hundred seventy-nine (179) degrees.
Wall Sign -
A sign attached essentially parallel to and extending not more than twenty-four (24) inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard.
Window Sign -
A sign installed inside a window and intended to be viewed from the outside.
SECTION THREE
GENERAL PROVISIONS
It shall hereafter be unlawful for any person to erect, place, or maintain a sign in Northern Township except in accordance with the provisions of this Ordinance and the Land Use Ordinance.
Section 3.01 - Signs Prohibited
The following types of signs are prohibited in all Commercial (C-1) districts:
(a) Abandoned Signs
(b) Banners, pennants, festoons, search lights (except as allowed in Sec. 4.01)
(c) Signs imitating or resembling official traffic or government signs or signals
(d) Snipe signs or signs attached to trees, telephone poles, public benches, streetlights or placed on any public property or public right-of-way.
(e) Signs placed on vehicles or trailors which are parked or located for the primary purpose of displaying said signs (this does not apply to allowed portable signs or to signs or lettering on buses, taxis or vehicles operating during the normal course of business).
(f) Portable, temporary, lighted or unlighted signs of any size.
Section 3.02 - Permits Required
Unless otherwise provided by this Ordinance, all signs shall require permits and payment of fees as described in this Ordinance. Signs existing at the time of adoption of this ordinance shall require an initial permit, at no expense to the owner, within eighteen (18) months of the date of this ordinance. All signs permitted in accordance with this exception will remain permitted until removed, replaced, substantially altered or abandoned. No permit is required for the maintenance of a sign or for a change of copy on painted, printed, or changeable copy signs.
Section 3.03 - Signs not Requiring Permits
The following types of signs are exempted from permit requirements but must be in conformance with all other requirements of this Ordinance:
(a) Construction signs of thirty-two (32) square feet or less are limited to the length of project in Commercial districts only.
(b) Direction/information signs of four (4) square feet or less as approved in writing by the Land Use Administrator.
(c) Holiday or special events decorations.
(d) Nameplates of two (2) square feet or less.
(e) Political signs.
(f) Public signs or notices, or any sign relating to an emergency.
(g) Real Estate signs four (4) square feet or less.
(h) Window signs
(i) Incidental signs.
Section 3.04 - Maintenance
All signs shall be properly maintained. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced. The Administrator shall have the right to order the repair or removal of any sign, which is defective, damaged, or substantially deteriorated.
Section 3.05 - Lighting
Lighting of signs will be permitted only in commercial zones with a Conditional Use Permit.
Section 3.06 - Changeable Copy
Unless otherwise specified by this ordinance, any sign herein allowed may use manual, automatic, or electrically or mechanically activated changeable copy.
SECTION FOUR
REGULATION BY ZONE
Section 4.01 - Signs permitted in Commercial Zones
Signs are permitted in commercial zones as follows:
(a) One freestanding sign per street frontage not to exceed three (3) square feet of sign area for each lineal foot of property frontage not to exceed two hundred (200) square feet. Signs must not project beyond property lines nor exceed a height of thirty-five (35) feet.
(b) Wall signs and/or fence signs not to exceed twenty (20) percent of the aggregate square footage of the wall/fence area upon which they are installed. Electric awning signs not to exceed fifteen (15) percent of the aggregate square footage of the wall/fenc<I>e</I> area upon which they are installed. The combination of wall/fence signs and electric awning signs shall not exceed twenty-five (25) percent of the allowed wall/fence area.
(c) Projecting signs may be used instead of any wall or freestanding signs provided they do not project beyond the property line and maintain a clearance of ten (10) feet over pedestrian areas, and fourteen (14) feet over vehicular ways.
(d) Roof signs may be allowed (where no other sign types can provide effective identification). Roof signs shall be constructed so as to conceal all structure and fastenings. The height of the roof sign shall not exceed the peak of the roof.
(e) One (1) under-canopy sign for each separate occupancy of separate entrance not to exceed eight (8) square feet in sign area. Under-canopy signs must have a minimum clearance of eight (8) feet to grade.
(f) Incidental signs not to exceed four (4) square feet in aggregate area per occupancy.
(g) All off-site and directional signs identifying commercial activity in commercial districts but located in residential zones require a Conditional Use Permit.
Section 4.02 - Signs Permitted in Subdivision and Plats
Signs are permitted as follows in residential zones:
(a) One permanent subdivision identification sign per subdivision entrance, neighborhood, or development, not to exceed eight (8) feet in height and thirty-two (32) square feet in sign area in each location.
(b) One identification sign per entrance to apartment or condominium complex, not to exceed eight (8) feet in height and thirty-six (36) square feet in sign area.
(c) For permitted nonresidential uses, including churches and synagogues, one freestanding sign, not to exceed forty-eight (48) square feet in sign area.
Special regulations are as follows:
(d) All permitted freestanding signs permitted in accordance with this section shall have a maximum height of eight (8) feet and shall have a setback of fifteen (15) feet from any public right-of-way.
Section 4.03 - Signs Permitted in Residential Zones
All signs advertising home occupations and business that are grandfathered commercial activities in R-1, SP and R-3 zones shall conform to Section 802 Paragraph 5 of the Northern Township Land Use Ordinance.
Lighting of signs is not permitted.
Directional signs shall be permitted on an as required basis. The Administrator shall determine the need based on location and traffic patterns. Signs shall conform to Section 303(b).
Section 4.04 - Billboards
Billboards shall be permitted with a duly authorized permit as follows:
(a) Permitted in Commercial Zones in accordance with Section 4.01 A.</P>
(b) Permitted in Residential and Special Protection Zones with a Conditional Use Permit in accordance with Section 4.01.
(c) Billboards shall be permitted with a minimum of 500 feet separation between signs in commercial zones and a minimum 1000 feet separation between signs in residential and special protection zones.
(d) Billboards shall not be permitted on parcels of land that have residential dwellings.
(e) Billboards shall not exceed 20 feet in height as measured from the ground.
(f) Billboards shall not exceed 200 square feet in size or 20 feet in width.
Section 4.05 - Strip Mall and Multi-Use Buildings
Each strip mall or multi-business buildings shall be permitted one free standing identification sign containing the name of the building or complex and the names of each of the businesses in the building. Said signs shall not exceed 200 square feet not 20 feet in height. This sign shall be permitted to the building owner. Changes to the verbiage of the sign do not require permitting.
Signs for separate businesses within a strip mall or multi-use building shall be permitted as follows:
(a) One sign per business not to exceed 40 square feet.
(b) Sign shall be affixed to the building in the general vicinity of the business entrance.
(c) Sign shall not exceed the height of the building.
(d) Sign shall be permitted to the business owner via a separate sign permit.
SECTION FIVE
ADMINISTRATION AND ENFORCEMENT
Section 5.01 - Ordinance Administrator
The Administrator shall be appointed by the Township Board of Supervisors and is authorized to process applications for permits and variances, arrange public hearings as required, issue permits, and enforce and carry out all provisions of this code. The Administrator is authorized to promulgate procedures consistent with this function. The Administrator is empowered upon presentation of proper credentials, to enter or inspect any building, structure, or premises in the Township for the purpose of inspection of a sign. Such inspections shall be carried out during normal business hours unless an emergency arises. Administrator shall coordinate all required public hearings with the Northern Township Planning Commission in accordance with Section 9 of the Land Use Ordinance.
Section 5.02 - Application for Permits
Application for a permit for the erection or relocation of a sign shall consist of a completed Northern Township sign application form, the appropriate fee and include all information required by the Land Use Administrator.
Section 5.03 - Permit Fees
All applicants for permits filed with the Administrator shall be accompanied by a non-refundable payment of the initial permit fee for each sign as required by Northern Township. Permit fees shall be established by resolution by Northern Town Board and are attached to this ordinance.
Section 5.04 - Issuance and Denial
The Administrator shall issue a permit for erection, structural alteration, or relocation of a sign within ten (10) working days of receipt of a valid application, provided that the sign complies with all applicable laws and regulations of the Township. In all applications where a matter of interpretation arises, the more specific definition or higher standard shall prevail.
When a permit is denied, the Administrator shall within ten (10) working days give a written notice to the applicant along with a brief statement of reasons for denial, citing code sections and interpretation of possible nonconformity. The Administrator may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.
Section 5.05 - Permit Conditions, Refunds, and Penalties
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 requirements or penalties prescribed in this Ordinance.
Section 5.06 - Variances
When requesting a permit, the applicant may apply to the Administrator for a variance from certain requirements of this Ordinance. A variance may be granted by the Board of Adjustment where the literal application of the Ordinance would create a particular hardship for the sign user, and the following criteria are met:
(a) A literal application of the Ordinance would not allow the property to be used at its highest and best use as zoned.
(b) The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
(c) Hardship caused the sign user under a literal interpretation of the Ordinance is due to conditions unique to that property and does not apply generally to the Township.
(d) The granting of the variance would not be contrary to the general objectives of this code and the land use plan.
In granting a variance, the Board of Adjustment may attach additional requirements necessary to carry out the spirit and purpose of this Ordinance in the public interest. All decisions made by the Board of Adjustment approving or denying variance requests are final except that any aggrieved person, department, agency, Board of Commission shall have the right to appeal, pursuant to Minnesota Statutes Chapter 462, and any amendments to said Chapter subsequently adopted, to the District Court in which the subject property is located within thirty (30) days after receipt of a written notice made by the Board of Adjustment.
Section 5.07 - Violations
When, in the opinion of the Administrator, a violation of the Ordinance exists, the Administrator shall issue a written order to the alleged violator. The order shall specify those sections of the Ordinance of which the individual may be in violation and shall state that the individual has thirty (30) days from the date of the order in which to correct the violation or to appeal to the Northern Town Board.
If, upon inspection, the Administrator finds that a sign is abandoned, or in any way endangers the public, the Administrator shall issue a written order to the owner of the sign and occupant of the premises stating the nature of the violation and requiring them to repair or remove the sign within thirty (30) days of the date of order.
In cases, of emergency, the Administrator may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present an immediate hazard to the public safety.
Section 5.08 - Removal of Signs By the Administrator
The Administrator may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Administrator.
If the amount specified in the notice is not paid within 45 days of the notice, it shall become an assessment upon a lien against the property of the sign owner, and will be certified as an assessment against the property together with a 10% percent penalty for collection in the same manner as the real estate taxes.
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 Administrator, as in the case of a leased sign.
For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.
SECTION SIX
CONFLICT, SEVERABILITY, AND EFFECTIVE DATE
Section 6.01 - Conflict
If any portion of this code is found to be in conflict with any other provision of any zoning, building, fire, safety, or health ordinance of the township, county or state, the provision, which established the higher standard, shall prevail.
Section 6.02 - Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance or its application to any person or circumstances is held invalid by the decision of any court of competent jurisdiction, the remainder of the Ordinance, or the application of the provision to the other persons or circumstances is in effect and shall remain in full force and effect.
Section 6.03 - Effective Date
This Ordinance shall take effect and be in force on January 1. 2001. Approved by the Town Board of Supervisors on this 14th day of August, 2000, and signed in authentication of its passage this 14th day of August, 2000.
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