Ordinance #34

                                                    ORDINANCE NO. 38

                  AN ORDINANCE REGULATING THE ERECTION OF SIGNS

           THE PURPOSE OF THIS ORDINANCE IS TO PROTECT, INSURE, MAINTAIN, AND REGAIN THE NATURAL AND SCENIC BEAUTY OF THE ROADSIDE AND OTHER AREAS THROUGHOUT THE CITY, AND TO PRESERVE THE PUBLIC PEACE, MORALS, HEALTH, SAFETY AND GENERAL WELFARE. FURTHERMORE, BY CONSTRUCTION OF PUBLIC ROADS THE CITY HAS CREATED VIEWS TO WHICH THE PUBLIC RETAINS A RIGHT-OF VIEW, AND IT IS THE INTENT OF THESE STANDARDS TO PREVENT THE TAKING OF THAT RIGHT. SIGNS ARE RECOGNIZED AS ACCESSORY USES AND ARE PERMITTED IN ALL DISTRICTS SUBJECT TO THE REGULATIONS OF THIS ORDINANCE.
           THE PROVISIONS OF THIS ORDINANCE ARE ALSO INTENDED TO PREVENT THE PLACEMENT OF OFF PREMISE SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY.

SECTION 1.   PERMITS

(a)     Except as otherwise herein provided, it shall unlawful for any person to erect, repair, alter, relocate, or maintain any sign within the City of Royalton without first obtaining a permit from the building official and paying of the fee required.

(b)     Application for permits shall be submitted in such form as may be prescribed and shall include such information as may be required by the City Council for complete understanding of the proposed sign.

SECTION 2.               SIGNS EXEMPT FROM A PERMIT FEE.

(a)     All signs under twenty (20) square feet in area.

(b)     Real estate signs under twenty (20) square feet in area. These signs may be erected for the purpose of selling or promoting a single family or multi-family home but must be removed thirty (30) days after the sale of the property.

(c) Political signs are allowed in any district on private property with the consent of the owner of the property. Such signs must be removed ten (10) days following the date of election to which they applied.

(d) Governmental signs.

(e) Any temporary sign on wheels.

(e) Construction signs not exceeding thirty-two (32) square feet in area shall be allowed in all districts during construction. These signs must be removed thirty (30) days after completion of the project. Construction signs shall not be painted directly on a building nor on a fence, tree, stone, or other similar objects.

(f) Indoor signs do not need a permit if they are painted, attached by adhesive, or otherwise attached directly to windows or glass portions of doors.

(g)     Signs that belong to a bona-fide charitable or public interest group, as determined by the City Council.

SECTION 3.   SIGNS NOT PERMITTED IN THE CITY OF ROYALTON.

(a) No sign shall be allowed that is a hazard to public health, morals, safety, convenience, welfare, or that prevents ingress or egress from any door, window, or fire escape, or that tends to accumulate debris as a fire hazard, or that is attached to a standpipe or fire escape.

(b) No sign may be erected that, by reason of position, shape, movement, color, or any other characteristic, interferes with the proper functioning of a traffic signal or otherwise constitutes a traffic hazard. No sign shall be permitted which would interfere with traffic control.

(c) Private signs are prohibited within the public right-of-way of any street or easement, except for community events by special permission from the City Council.

(d) Any ground level flashing signs, except one giving time, date, temperature, weather, or similar public service information, shall be prohibited. Signs giving off an intermittent or rotating beam or ray of light shall also be prohibited.

(e) No off premise signs, excluding municipal facility and special signs, shall be permitted within the corporate limits of the City.

(f) Any sign deemed offensive by the City Council. Some signs that may be found offensive are those containing any incident, obscenity, or is offensive in a pictorial or written matter.

SECTION 4. SIGNS THAT REQUIRE A PERMIT.

   (a)     Any sign over twenty (20) square feet in area.

(b)     There shall be allowed one sign for each one hundred fifty (150) feet of lot frontage.

(d) No sign shall exceed forty-five (45) feet in height above grade.

(e)     Any sign over ten (10) square feet in area shall be placed at least ten (10) feet from any lot line. All signs over one hundred (100) square feet in area shall be placed at least fifty (50) feet from any residential or agricultural district.

SECTION 5.         SIGN DESIGN, CONSTRUCTION, AND MAINTENANCE.
(a)     Illuminated signs shall be diffused so as not to direct rays of light into adjacent property or onto any public road way.

(b) Any sign projecting over a sidewalk must be at least ten (10) feet from the bottom of the sign to the sidewalk.

(d) Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached by means of metal anchors, bolts, or expansion screws. No wood blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings with walls of wood.

(e) The owner of any sign shall be required to have such sign properly painted at least once every two (2) years, if needed, including all parts and supports of the sign. Upon notice from the City the owner of said sign has thirty (30) days to paint or replace the sign. If this is not done the City may proceed to take down and remove the sign at the owners expense.

(f) The owner or lessee of any sign or the owner of the land on which the sign is located shall keep the grass, weeds, or other growth cut and the area free from refuse between the sign and the street and also for a distance of six (6) feet behind and at the ends of said sign.

(g)     Any sign which no longer advertises a bona fide residential, commercial, or industrial use, or a bona fide business conducted or product sold on the premise upon which the sign is located shall be taken down and removed by the owner, agent, or person having the beneficial use or occupancy of the building or land upon which the sign may be found. This is to occur no longer than ten (10) days after the sign is no longer relevant. If the sign is not removed after ten days the City council can then send a written notice to the owner and remove the sign and charge the cost to the owner.

SECTION 6. UNSAFE OR DANGEROUS SIGNS.

(a)     Any sign which becomes structurally unsafe or endangers the safety of a building or premises or endangers the public safety shall be taken down and removed by the owner, agent, or person having the beneficial use of said sign within ten (10) days after written notice from the City Council upon the property owner or his/her agent.

(b) If the sign is not taken down and removed within ten (10) days after the service of said notice, the City may proceed to take down and remove the sign.

(c) The owner of the premises on which a sign has been taken down and removed by the City as aforesaid, shall be personally liable for the cost of such sign dismantling and removal. Such costs shall be immediately due and payable by the property owner upon presentation of an invoice by the City.

(d) If such costs are not paid by the property owner within thirty (30) days after presentation of an invoice for the same, the Council may apply costs and expenses against the subject property, and certify such to the County Auditor for collection by the County Treasurer and paid to the City as other taxes are collected and paid as provided in Minnesota Statutes, section 463.21.

SECTION 7. NONCONFORMING SIGNS.

(a) Signs existing on the effective date of this ordinance which do not conform to the regulations set forth in this ordinance shall become a nonconformity.

(b) Unless otherwise provided for in this ordinance, any sign erected that does not comply with this ordinance or amendments thereto shall not be rebuilt, altered, increased in area or height, illuminated, or moved to a new location on the affected property without being brought into compliance with the requirements of this ordinance or amendments thereto.

SECTION 8. PERMIT FEES.

(a) The fee to be charged for sign permits shall be ten ($10.00) dollars.

SECTION 9.   PENALTIES.

(a)     Violation of this ordinance is a misdemeanor.

THIS ORDINANCE SHALL SUPERSEDE AND REPEAL ALL PRIOR AND CONSISTENT ORDINANCES. THIS ORDINANCE SHALL BE EFFECTIVE UPON PASSAGE AND PUBLICATION REQUIRED BY LAW.

DATED:________________ ____________________
CLERK

_______________________
MAYOR