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HomeMy WebLinkAbout1969-051 Council Ordinances2 ORDINANCE NO. 51 VILLAGE OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE REGULATING SIGNS IN THE VILLAGE OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The Village Council of the Village of Lino Lakes ordains: Section 1. PURPOSE AND INTENT: The purpose of this ordinance is to establish a set of standards for the fabrication, erection and use of signs, symbols, markings, or advertising devices within the Village. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the development and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices, and minimize the unreasonable restraint upon the needs of the business community. Section 2: DEFINITIONS: A. Sign: The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. B. Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business commodity, service or entertainment not exclusively related to the premises where such a sign is located or to which it is affixed. 1. Wall Advertising Sign: A sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 2. Roof Advertising Sign: A sign erected upon the roof or parapet wall of a building or structure. 3. Ground Advertising Sign: A sign supported by or upon standards, poles, beams or other supports directly affixed to the ground. C. Business Sign: A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. 1. Wall Business Sign: A sign painted on or attached to or erected against the wall of any building or structure, the latter two types located so that the exposed face thereof is in a plane approximately parallel to the face of said wall and is extended not more than fifteen (15) inches from the building wall face. 2. Roof Business Sign: A sign erected upon the roof or parapet wall of a building or structure. 3. Ground Business Sign: A sign supported by or upon standards, poles, beams, or other supports directly affixed to the ground. 4. Pylon Sign: A free standing ground sign erected upon a post or posts not more than fifteen (15) feet apart and where no portion of the message area is less than twelve (12) feet above ground. 5. Projecting Sign: A sign affixed to an exterior wall or roof of a building and which extends more than fifteen (15) inches from the face of the building wall and which is perpendicular to the building wall. For the purpose of this Ordinance, projecting signs shall be divided into two classes: a) Projecting signs which extend over public property (sidewalks, parking lots, etc.) b) Projecting signs which do not extend over public property. 6. Marquee and Canopy Signs: Any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building or place of public assembly being at least twelve (12) feet above any public sidewalk and extending not more than eight (8) feet over any public sidewalk or within two (2) feet of any curb line, whichever is less. 7. Area Identification Sign: A free standing sign or pylon which identifies the name or neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. 8. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the building on which it is located. 9. Temporary Signs: A sign erected for a limited period of time. a) Real Estate Sign -- A temporary sign advertising the sale or lease of property or buildings. b) Construction Sign -- A temporary sign identifying a building or construction site, architects, engineers, contractors, or suppliers. D. Related Definitions: 1. Illuminated Sign: A sign which has artificial light source directed upon it or which has an interior light source. a) Flashing Sign -- An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. 2. Motion Sign: A sign which revolves, rotates or moves in any way by mechanical means. 3. Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of the actual sign copy surface, but excluding any structural or supporting elements such as uprights, aprons, poles, beams or standards. 4. Directional Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. SECTION 3. DISTRICT REGULATIONS: A. Agricultural Districts: In the Agricultural Districts all signs must comply with the following: 1. Residential Identifications: Not more than two square feet of nameplate. 2. Institutional Identification: Churches, schools, parks, etc., allowed up to 24 square feet; not higher than 8 feet. 3. Temporary Signs: Temporary signs advertising buildings for rent and for sale may be placed in the yard of such building providing such signs are not closer than 10 feet to any property line and do not exceed 15 square feet. 4. Advertising Signs: Allowed by special use permit; 40 feet height above grade; must comply with General Regulations. B. Residential Districts: In the Residential Districts all signs must comply with the following: 1. Residential Identification: Nameplate not more than two square feet per unit. 2. Institutional Identification Signs: Not more than 24 square feet; not higher than six feet. 3. Area Identification Signs: Not more than 24 square feet; not higher than six feet. 4. Temporary Signs: For selling or leasing existing residences; not more than six square feet. For residential development projects, 100 square feet, not higher than 15 feet. 5. No sign may be closer than 10 feet to any property line. C. Multiple Residential Districts: In the Multiple Residential Districts all signs must comply with the following: 1. Identification Signs: Wall sign up to six square feet. 2. Institutional Identification: Not more than 24 square feet; not higher than 6 feet. 3. Area Identification Signs: One per development; not more than 24 square feet; not higher than 6 feet. 4. Temporary Signs: a) For selling or leasing existing properties; not more than twelve square feet. b) For Multiple residential projects, not more than 150 square feet nor higher than 15 feet. 5. No sign may be closer than 10 feet to any property line. D. Office Districts: In the Office Districts all signs must comply with the following: 1. Institutional Identifications: a) Public medical, educational, clinical or community centers, 30 square feet or three percent of wall area, whichever is greater. b) Either wall or ground signs. 2. Business and Professional Building Identifications: a) 50 Square feet or ten percent of wall area, whichever greater. b) Either wall or ground signs. 3. Area Identification Signs: One 100 square foot sign per development, not higher than 12 feet. 4. Temporary Signs: For development projects, 150 maximum, not higher than 15 feet. 5. No sign may be closer than 10 feet to any property line. E. Neighborhood Commercial Districts: is maximum ground 1. Business Signs: square feet, a) Sign or signs attached to building equaling twenty percent of the building face area or 100 square feet, whichever is greater; not higher than 6 feet above outside of parapet wall. b) One ground sign or pylon sign up to 50 square feet; not higher than 30 feet; not closer than 50 feet to another such ground sign, but allowed only if the business is not part of an integrated retail complex. 2. Area Identification Signs: One ground sign or pylon per development; not to exceed 300 square feet nor 40 feet in height. 3. Advertising Signs: a) Not less than 200 square feet nor more than 300 square feet. b) Not higher than 30 feet above grade. c) Must comply with General Regulations. 4. No sign may be closer than 5 feet to any property line without a special permit therefor. F. Regional Shopping Center Districts: In the Regional Shopping Center Districts all signs must comply with the following: 1. Area Identification Signs: a) One ground sign or pylon for each major street or thoroughfare frontage up to 400 square feet. b) Not higher than 65 feet above grade. 2. Business Signs: a) 100 square feet or 20% of building face area;; whichever is greater. b) Wall signs only (18" projection) and within the parapet. 3. Advertising Signs: a) Not higher than 45 feet. b) Must comply with General Regulations. 4. No sign may be closer than 5 feet to any property line without a special permit therefor. G. Regional Service Districts: (surrounding the Regional Shopping Centers). In the Regional Service Districts all signs must comply with the following: 1. Institutional Identification: a) For hospitals, office buildings, etc. b) Sixty square feet ground sign or pylon or up to 20% of the building face area as a wall sign. 2. Business Signs: a) Pylon or ground signs totaling two square feet of sign surface per lot frontage foot; up to 300 square feet and not higher than 40 feet. Must be 50 feet away from another ground sign. b) Sign or signs attached to the building (roof, wall or parapet) up to 100 square feet or 20% of the building face area, whichever is greater. 3. Advertising Signs: a) Not higher than 45 feet above grade. b) Must comply with all General Regulations. 4. No sign may be closer than 5 feet to any property line without a special permit therefor. H. Commercial Highway Service Districts: In the Commercial Highway Service Districts all signs must comply with the following: 1. Business Signs: a) Service Station Signs 1. 0n surface arterials . One pylon sign per frontage. . 80 square feet; 45 feet in height. . One additional ground sign per street frontage; 32 square feet; 30 feet in height. . Sign or signs attached to bui,tding, up to 20% of the total building face. 2. Abutting Freeways . One pylon sign; 350 square foot side with maximum height of 65 feet. . One additional ground sign per frontage; 32 square feet; 30 feet in height. . Sign or signs attached to building up to 20% of the total building face. b) Other Business Signs: . One ground sign 200 square feet total plus sign or signs attached to the building totaling not more than 20% of the wall area. . Forty Five foot height limit. 2. Advertising Signs: a) Forty five foot height limit. b) Must comply with all General Regulations. 3. No sign may be closer than 5 feet to any property line without a special permit therefor. I. Industrial Park Districts: In the Industrial Park Districts all signs must comply with the following: 1. Area Identification ( planned development to a certain size standard). a) Pylon sign up to 400 square feet per side of sign area; one per major thoroughfare. b) Not to exceed building height limit of zone. c) Minimum 20 foot setback from property line. 2. Institutional or Office Building Identification: a) Ground sign up to 100 square feet of sign area with minimum 20 foot setback from property line. b) Wall sign up to 20% of the building face. c) Not to exceed building height limit of zone. d) Minimum 20 foot setback from property line. 3. Advertising Signs: a) Allowed by special use permit. b) Observe minimum building setback line or 20 feet; whichever is greater. c) Not to exceed building height limit of the zone. d) Must comply with general Regulations. J. General Industrial Districts: In the General Industrial Districts all signs must comply with the following: 1. Area Identification: a) Pylon sign up to 400 square feet per side of sign area. b) Not to exceed building height limit of zone. c) Minimum of 20 foot setback from property line. 2. Business Identification: a) Sign area of all business signs on a site equals three square feet per lineal foot of lot frontage, or 300 square feet, or twenty-five percent of the wall area on which the sign is placed, whichever is greater. b) Minimum 20 foot setback from property line. 3. Advertising Signs: a) Observe minimum building setback line or 20 foot setback, whichever is greater. b) Not to exceed building height limit of the zone. c) Must comply with the General Regulations. SECTION 4. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS A. Advertising Signs: 1. Shall be allowed as a permitted use only in neighborhood commercial, regional shopping center, regional service, commercial highway service and general industrial districts according to the requirements set forth in those districts. 2. Shall be allowed in agricultural and industrial park districts or any district that is being used as a holding zone for future development, as a special use, if they meet the following conditions: a) Must not be within 500 feet of an existing residential structure on the same side of the street unless separated by a natural barrier. b) Must not be closer than 500 feet to another advertising structure on the same side of the street separated by a natural barrier or non-residential structure. 3. Shall only be fabricated of and erected on steel and built to a minimum of 30 pounds per square foot windload factor. 4. Shall not be longer than 60 feet nor contain more than two signs per facing. 5. Structures shall be limited to not more than one for a lot of 200 foot frontage and only one per each additional 200 feet of additional lot frontage, and in no case will such signs be closer than 200 feet to any other advertising sign structure on the same side of the street. 6. Shall not be closer than 1200 feet to another such advertising on the same side of an interstate freeway. For the purpose of this Ordinance, a back-to-back or V-type sign shall be considered as one structure. 7. May not be erected within 50 feet of an adjacent residential structure on the same side of the street. 8. Shall have a minimum square footage requirement of 200 feet, and a maximum square footage restriction of 750 feet. B. All signs other than temporary signs, residential identification nameplate signs and residential area identification signs shall be constructed of, and erected upon steel or steel component structures, unless it can be illustrated that the use of wood, fiberglass or another substance is integral to the design of the sign and is as structurally capable as steel or steel component parts. C. All ground signs shall be constructed as to withstand wind load pressure of 30 P.S.F. D. No sign shall be permitted within public right-of-way. E. Illuminated flashing signs are permitted only in commercial and industrial districts. F. Except in industrial and commercial districts, signs shall not be painted directly to any exterior building surface but shall be on a separate frame except for temporary display windows. Sign letters, symbols may be directly attached to a wall by adhesive or mechanical means. G. No sign shall be erected which resembles any official marker erected by a government agency. H. No sign shall be installed, which by reason of position, shape or color would conflict with the proper functioning or interpretation of any traffic sign or signal. I. There shall be no use of revolving beacons, zip flashers or similar devices that would so distract automobile traffic as to constitute a safety hazard. J. No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening of any building or structure. K. Political signs may be permitted for a period of not more than 30 days before and 10 days after an election period and removal shall be the responsibility of the candidate or his campaign manager. L. All signs shall be maintained in good condition and the areas a -round them kept free from debris, bushes, high weeds, and from anything else which would be an eyesore or nuisance. The surface of all signs must be repainted at least once every two (2) years or whenever necessary as determined by inspection to prevent the sign surface from becoming unkempt in appearance. When any sign is removed, the building inspector shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions. M. Signs which become unsafe shall be repaired or removed by the licensee upon notification by the Village inspection department. N. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. 0. Temporary real estate development signs or construction site signs may be erected providing they do not exceed 100 square feet of area, are not more than 15 feet above grade, and not within 100 feet of an existing residential structure. P. Directional signs up to four square feet are allowed up to ten feet above grade provided they are not erected in any residential streets. Q. Temporary real estate signs advertising the sale of individual residences shall not require a permit if they are under six (6) square feet. R. Temporary signs advertising buildings for rent and for sale may be placed in the yard of such building providing such signs are not closer than 10 feet to any property line and do not exceed 40 square feet in industrial areas and 15 square feet in other areas. S. Projecting signs which extend over public property are prohibited. T. Roof signs are prohibited except in commercial and industrial districts. No roof sign shall be erected higher than 35 feet above the roof or outside parapet wall. U. All temporary signs shall comply immediately with these performance standards upon the date this Ordinance goes into effect. V. Except for grand openings and temporary signs less than 6 square feet, there shall be no temporary signs in any required setback area. There shall be no more than three such signs on any parcel and the total sign area shall not exceed 18 square feet. W. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance incurred by the Village. X. GRANDFATHER CLAUSE: All signs located within the Village of Lino Lakes prior to December 8 , 1969, may continue to exist as to size, illumination and present location until June 8 , 1970 , provided the sign does not violate any provision of the Lino Lakes Village ordinances up to the date this Ordinance was passed and adopted. A. permit is required for each existing sign but the permit application fee for each •sign coming within this section shall be waived until June 8 , 1970 • Y. HARDSHIP WAIVER. The provisions of this Ordinance may be waived wherever a strict application would bring undue hardship and the public interest would not be seriously jeopardized after a public hearing before the Board of Zoning and an affirmative vote of 4 members of the Village Council. Z. Any violation of this ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. Punishment therefore may involve a fine of up to $300 or a jail sentence of 90 days, or both; this shall not, however, allow the continued existance of a violation and removal thereof may be undertaken by the Village upon a 10 day notice of such proposed removal to the violator -unless the violator in such 10 days demands v a hearing thereon. AA. REPEAL Any portion of Lino Lakes Ordinances inconsistent with this Ordinance are hereby repealed. BB. The exposed uprights, superstructure or back side of all signs shall be painted a neutral color such as light blue, gray, green or white, unless such part of the sign is integral to the overall design of the sign. CC. No signs shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. DD. All signs over six (6) square feet in size shall require a permit. The initial permit fee is $10.00, or such amount as later set by the Village Council by resolution, and may be an annual fee. The amounts of all permit fees for any permits required hereunder are to be set by the Village Council by resolution, and may be changed from time to time by council resolution; however, a copy of any such resolution and permit fee amounts schedule shall be kept on file, at all times, in the office of the Village Clerk - Treasurer, and a copy thereof shall be available to anyone requesting same, without charge. EE. To provide reasonable flexibility in the sign regulations set forth in this Ordinance, the Village Clerk -Treasurer, with the approval of the Village Council, may approve an application for a sign that exceeds the limitations permitted by these regulations where such an exception would not be inconsistent with these restrictions. FF. Any proposed sign exceeding 50 square feet in area and/or over 30 feet in height shall not be erected until detailed plans therefor are filed with the Board of Zoning, and the Board of Zoning and Village Council approves such sign and upon the issuance of a permit evidencing such approval by the Village Clerk -Treasurer. GG. For the purpose of this Ordinance, maximum square footage of a sign shall be computed on the basis of one side of any multi - faced sign. SECTION 5. This Ordinance shall take effect upon its passage and publication according to law. Passed by the Village Council of Lino Lakes, Anoka County, Minnesota this 8th day of December, 1969. Ra p'M. L'A lier, Mayor f / f Ju L. Emerton, Village Clerk -Treasurer (Village Seal) ORDINANCE NO. 51 VILLAGE OF LINO LAKES COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE REGULATING SIGNS IN THE VILLAGE OF LINO LAKES, ANOKA COUNTY, MINNESOTA. The Village Council of the Village of Lino Lakes ordains: Section 1. PURPOSE AND INTEND': The purpose of this ordinance is to establish a set of standards for fabrication, erection and use of signs, symbols, markings, or advertisir. devices within the Village. These standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the development and promotion of bus- iness and industry by providing regulations which allow and encourage creativity, effectiveness and flexibility in the design and use of such devices, and minimize the unreasonable restraint upon the needs of the business community. Section 2: DEFINITIONS: A. Sign: The term "Sign" shall meana name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. B. Advertising Sign: An "Advertising Sign" is a sign which directs attention to a business commodity, service or entertainment not exclusively related to frhe premises where such a sign is located or to which it is affixed. 1. Wall Advertising Sign: A sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. 2. Roof Advertising Sign: A sign erected upon the roof or parapet wall of a building or structure. 3. Ground Advertising Sign: A sign supported by or upon standards, poles, beams or other supports directly affixed to the ground. C. Business Sign: A "Business Sign" is any sign which identifies a busin- ess orgroup of businesses, either retail or wholesale, or any sign which id- entifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. ORDINANCE NO. 51 Page -2- f",. Wall Business Sign: A sign painted on or attached to or erected against the wr,ii of any building or structure, the latter two types located so that the exposed face thereof is in a plane approximately parallel to the face of said wall and is extended not more than fifteen (15) inches from the building wall face. 2. Roof Business Sign: A sign erected upon the roof or parapet wall of a building or structure. 3. Ground Business Sign: A sign supported by or upon standards, poles, beams, or other supports directly affixed to the ground. 4. Pylon Sign: A free standing ground sign erected upon a post or posts not more than fifteen (15) feet apart and where no port- ion of the message area is less than twelve (12) feet above ground. 5. Projecting Sign: A sign affixed to an exterior wall or roof of a building and which extends more than fifteen (15) inches from the face of the building wall and which is perpendicular to the building wall. For the purpose of this Ordinance, proj- ecting signs shall be divided into two classes: a) Projecting signs which extend over public property (sidewalks, parking lots, etc.) b) Projecting signs which do not extend over public property. 6. Marquee and Canopy Signs: Any message or identification which is affixed to a projection or extension of a building or struct- ure, erected in such a manner as to provide a shelter or cover over the approach to any entrance of a store, building o place of public assembly being at least twelve (12) feet above any public sidewalk and extending not more than eight (8) feet over any public sidewalk or within two (2) feet of any curb line, which- ever is less. 7. Area Identification Sign: A free standing sign or pylon which identifies the name or neighborhood, a residential subdivision, a multiple residential complex, or a commercial or industrial complex consisting of three or more businesses. 8. Identification or Nameplate Sign: A sign which bears the name or address or both of the business or the occupant of the build- ing on which it is located. 9. Temporary Signs: A sign erected for a limited period of time. a) Real Estate Sign -- A temporary sign advertising the sale or lease of property or buildings. b) Construction Sign -- A temporary sign identifying a building or construction site, architects, engineers, contractors, or suppliers. D. Related Definitions:, 1. Illuminated Sign: A sign which has artificilpl light source ,,•.*N ORDINANCE NO. 51 Page -3- directed upon it or which has an interior Tight source. a) Flashing Sign -- An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. 2. Motion Sign: A sign whch revolves, rotates or moves in any way by mechanical means. 3. Sign Area: The entire area within a single continuous perimet- er enclosing the extreme limits of the actual sign copy surface, but excluding any structural or supporting elements such as up- rights, aprons, poles, beams or standards. 4. Directional Signs: A sign erected on private property for the following uses: Church, school, hospital, club, library, civic or other similar types, providing general information about the use or uses such as name and address. SECTION 3. DISTRICT REGULATIONS: A. Agricultural Districts: In the Agricultural Districts all signs must comply with the following: 1. Residential Identifications: Not more than two square feet of nameplate. 2. Institutional Identification: Churches, schools, parks, etc., allowed up to 24 square feet; not higher than 8 feet. 3. Temporary Signs: Temporary signs advertising buildings for rent and for sale may be placed in the yard of such building provid- ing such signs are not closer than 10 feet to any property line and do not exceed 15 square feet. 4. Advertising Sicgns: Allowed by special use permit; 40 feet height above grade; must comply with General Regulations. R. Residential Districts: In the Residential Districts all signs must comply with the follcwing: I. Residential Identification: Nameplate not more than two square feet per unit. 2. Institutional Identification Signs: Not more than 24 square feet; not higher than six feet. 3. Area Identification Signs: Not more than 24 square feet; not higher than six feet. 4. Temporary Signs: For selling or leasing existing residences; not more thna six square feet. For residential development pro- jects, 100 square feet, not higher than 15 feet. 5. No sign may be closer than 10 feet to any property line. ORDINANCE NO. 51 Page -4- C. Multiple Residential Districts: In the Multiple Residential Districts all signs must comply with the following: I. Identification Signs: Wall sign up to six square feet. 2. Institutional Identification: Not more than 24 square feet; not higher than 6 feet. 3. Area Identification Signs: One per development; not more than 24 square feet; not higher than 6 feet. 4. Temporary Signs: a) For selling or leasing existing properties; not more than twelve square feet. b) For Multiple residential protects, not more than 150 square feet nor higher than 15 feet. 5. No sign may be closer than 10 feet to any property line. D. Office Districts: In the Office Districts all signs must comply with The following: 1. Institutional Identifications: a) Public medical, educational, clinical or community centers, 30 square feet or three percent of wall area, which ever Is greater. b) Either wall or ground signs. 2. Business and Professional Building Identifications: a) 50 Square feet or ten percent of wall area, whichever is greater. b) Either wall or ground signs. 3. Area Identification Signs: One 100 square foot maximum ground sign per development, not higher than 12 feet. 4. Temporary Signs: For development projects, 150 square feet, maximum, not higher than 15 feet. 5. No sign may be closer than 10 feet to any property line. E. Neighborhood Commercial Districts: 1. Business Signs: a) Sign or signs attached to building equaling twenty -percent of the building face area or 100 square feet, whichever is great- er; not higher than 6 feet above outside of parapet wall. ORDINANCE NO. 51 Page -5- b) One ground sign or pylon sign up to 50 square feet; not higher than 30 feet; not closer than 50 feet to another such ground sign, but allowed only if the business is not part of an integrated retail complex. 2. Area Identification Signs: One ground sign or pylon per develcp- ment; not to exceed 300 square feet nor 40 feet in height. 3. Advertising Signs: a) Not less than 200 square feet nor more than 300 square feet. b) Not higher than 30 feet above grade. c) Must comply with General Regulations. 4. No sign may be closer than 5 feet to any property line without a special permit therefor. Regional Shopping Center Districts: In the Regional Shopping Center Dis- tricts ail signs must comply with the following: 1. Area Identification Signs: a) 0ne ground sign or pylon for each major street or thorough- fare frontage up to 400 square feet. b) Not higher than 65 feet above grade. 2. Business Signs: a) 100 square feet or 200 of building face area whichever is greater. b) Wail signs only (18" projection) and within the parapet. 3. Advertising Signs: a) Not higher than 45 feet. b) Must comply with General Regulations. 4. No sign may be closer than 5 feet to any property line without a special permit therefor. G. Regional Service District: (surrounding the Regional Shopping Centers) In the Regional Service Districts all signs must comply with the follow- ing: 1. Institutional Identification: a) For hospitals, office buildings, etc. b) Sixty square feet ground sign or pylon or up to 20% of the building face area as a wall sign. 2. Business Signs: ORDINANCE NO. 51 Page -6- a) Pylon or ground signs totaling two square feet of sign sur- face per lot frontage foot; up to 300 square feet and not higher than 40 feet. Must be 50 feet away from another ground sign. b) Sign or signs attached to the building (roof, wall or parap9t) up to 100 square feet or 20% of the building face area, whichever is greater. 3. Advertising Signs: a) Not higher than 45 feet above grade. b) Must comply with all General Regulations. 4. No sign may be closer than 5 feet to any property line without a special permit therefor. Commercial Highway Service Districts: In the Commercial Highway Service Districts all signs must comply with the Following: i. Business Signs: a) Service Station Signs I. 0n surface arterials . One pylon sign per frontage. . 80 square feet; 45 feet in height. . One additional ground sign per street frontage; 32 square feet; 30 feet in height. . Sign or signs attached to building, up to 20% of the total building face. 2. Abutting Freeways . One pylon sign; 350 square foot side with maximum height of 65 feet. . One additional ground sign per frontage; 32 square feet; 30 feet in height. . Sign or signs attached to building up to 20% of the total building face. b) Other Business Signs: . One ground sign 200 square feet total plus sign or signs attached to the building totaling not more than 20% of the wall area. . Forty five foot height limit. 2. Advertising Signs: a) Forty five foot height limit. b) Must comply with all General Regulations 3. No sign may be closer than 5 feet to any property line without a special permit therefor. ORDINANCE NO. 51 Page -7- 1. Industrial Park Districts: In the Industrial Park Districts all signs must comply with the following: I. Area Identification (planned development to a certain size stand- ard). a) Pylon sign up to 400 square feet per side of sign area; one per major thoroughfare. b) Not to exceed building height limit of zone. c) Minimum 20 foot setback from property line. 2. Institutional or Office Building Identification: a) Ground sign up to 100 square feet of sign area with minimum 20 foot setback from property line. b) Wall sign up to 20% of the building face. c) Not to exceed building height limit of zone. d) Minimum 20 foot setback from property line. 3. Advertising Signs: a) Allowed by special use permit. b) Observe minimum building setback line or 20 feet; whichever is greater. c) Not to exceed building height limit of the zone. d) Must comply with general Regulations. J. General Industrial Districts: In the General Industrial Districts all signs must comply with the following: I. Area Identification: a) Pylon sign up to 400 square feet per side of sign area. b) Not to exceed building height limit of zone. c) Minimum of 20 foot setback from property line. 2. Business Identification: a) Sign area of all business signs on a site equals three square feet per lineal foot of lot frontage, or 300 square feet, or twenty - five percent of the wall area on which the sign is placed, whichever is greater. b) Minimum 20 foot setback from property line. 3. Advertising Signs: ORDINANCE NO. 51 Page -8- a) Observe minimum building setback line or 20 foot setback, whichever is greater. b) Not to exceed building height limit of the zone. c) Must comply with the General Regulations. SECTION 4. GENERAL REGULATIONS APPLICABLE TO ALL DISTRICTS c+ . Advertising Signs: Shall be allowed as a permitted use only in neighborhood commer- chiat, regional shopping center, regional service, commercial highway service and general industrial districts according to the requirements set forth in those districts. 2. Shall be allowed in agricultural and industrial park districts or any district that is being used as a holding zone for futur€. development, as a special use, if they meet the following con- ditions: a) Must not be within 500 feet of an existing residential struc•-- ure on the same side of the street unless separated by a nat- ural barrier. b) Must not be closer than 500 feet to another advertising st- ructure on the same side of the street separated by a natur- al barrier or non-residential structure. 3. Shall only be fabricated of and erected on steel and built to a minimum of 30 pounds per square foot windload factor. 4. Shall not be longer than 60 feet nor contain more than two signs per facing. 5. Structures shall be limited to not more than one for a lot of 200 foot frontage and only one per each additional 200 feet of additional lot frontage, and in no case will such signs be closer than 200 feet to any other advertising sign structure on the same side of the street. 6. Shall not be closer than 1200 feet to another such advertising on the same side of an interstate freeway. For the purpose of this Ordinance, a back-to-back or V-type sign shall be considered as one structure. 7. May not be erected within 50 feet of an adjacent residential structure on the same side of the street. 8. Shall have a minimum square footage requirement of 200 feet, and a maximum square footage restriction of 750 feet. B. All signs other than temporary signs, residential identification nameplate signs and residential area identification signs shall be constructed of, and erected upon steel or steel component structures, unless it can be ORDINANCE NO. 51 Page -9- illustrated that the use of wood, fiberglass or another substance is integral to the design of the sign and is as structurally capable as steel or steel com- ponent parts. C. All ground signs shall be constructed as to withstand wind load pressure of 30 P.S.F. No sign shall be permitted within public right-of-way. E, Illuminated flashing signs are permitted only in commercial and industrial Gstricts. F. Except in industrial and commercial districts, signs shall not be painted u;-ectly to any exterior building surface but shall be on a separate frame except for temporary display windows. Sign letters, symbols may be directly attached to a wall by adhesive or mechanical means. G. No sign shall be erected which resembles any official marker erected by a pvernment agency. No sign shall be installed, which by reason of position, shape or color would conflict with the proper functioning or interpretation of any traffic sign or signal. 1. There shall be no use of revolving beacons, zip flashers or similar device: that would so distrect automobile traffic as to constitute a safety hazard. J. No sign shall be permitted to obstruct any window, door, fire escape, stair vy or opening of any building or structure. K. Political signs may be permitted for a period of not more than 30 days before and 10 days after an election period and removal shall be the respon- sibility of the candidate or his campaign manager. t.. All signs shall be maintained in good condition and the areas around them 1-;, free from debris, bushes, high weeds, and from anything else which would I., an eyesore or nuisance. The surface of all signs must be repainted at least ,ce every two (2) years or whenever necessary as determined by inspection to prevent the sign surface from becoming unkempt in appearance. When any sign is r^.moved, the building inspector shall be notified and the entire surrounding r.-ea shall be cleared of all debris and unsightly projections and protrusions. '• Signs which become unsafe shall be repaired or removed by the licensee upon cification by the Village inspection department. N. The source of light for any sign must be indirect or diffused and shall not be directed into any adjoining residential district. 0. Temporary real estate development signs or construction site signs may be erected providing they do not exceed 100 square feet of area, are not more than 15 feet above grade, and not within 100 feet of an existing residentia' structure. P. Directional signs up to four square feet are allowed up to ten feet above grade provided they are not erected in any residential streets. ORDINANCE NO. 51 Page -10- Q. Temporary real estate signs advertising the sale of individual residences shall not require a permit if they are under six (6) square feet. R. Temporary signs advertising buildings for rent and for sale may be placed in the yard of such building providing such signs are not closer than 10 feet to any property line and do not exceed 40 square feet in industrial areas and 15 square feet in other areas. S. Projecting signs which extend over public property are prohibited. 7. Roof signs are prohibited except in commercial and industrial districts. ^!o roof sign shall be erected higher than 35 feet above the roof or outside parapet wall. U. All temporary signs shall comply immediately with these performance stand- ards upon the date this Ordinance goes into effect. V. Except for grand openings and temporary signs Tess than 6 square feet, here shall be no temporary signs in any required setback area. There shall t3 no more than three such signs on any parcel and the total sign area shall riot exceed 18 square feet. W. The permit owner shall be responsible for all of the requirements of this Ordinance, including the liability for expense of removal and maintenance inc- wred by the Village. GRANDFATHER CLAUSE: All signs located within the Village of Lino Lakes prior to December 8, 1969, may continue to exist as to size, illumination and present location until June 8, 1970, provided the sign does not violate any provision of the Lino Lakes Village ordinances up to the date this Ordinance was passed and adopted. A permit is required for each existing sign but the permit application fee for each sign coming within this section shall be waived until June 8, 1970. Y. HARDSHIP WAIVER. The provisions of this Ordinance may be waived wherever a strict application would bring undue hardship and the public interest would :lot seriously jeopardized after a public hearing before the Board of Zoning and an affirmative vote of 4 members of the Village Council. Z. Any violation of this ordinance shall constitute a misdemeanor. Each day of such violation shall constitute a separate offense. Punishment therefore may involve a fine of up to $300.00 or a jail sentence of 90 days, or both; this shall not, however, al4ow the continued existence of a violation and re- 'Dval thereof may be undertaken by the Village upon a 10 day notice of such p-oposed removal to the violator unless the violator in such 10 days demands a hearing thereon. AA. REPEAL Any portion of Lino Lakes Ordinances inconsistent with this Ord- inance are hereby repealed. BB. The exposed uprights, superstructure or back side of ail signs shall be painted a neutral color such as a light blue, gray, green or white, unless such part of the sign is integral to the overall design of the sign. CC. No signs shall be painted on, attached to, or affixed to any trees, rocks or other similar organic or inorganic natural matter. ORDINANCE NO. 51 Page -11- DD. All signs over six (6) square feet in size shall require a permit. The initial permit fee is $I0.00, or such amount as later set by the Village Council by resolution, and may be an annual fee. The amounts of all permit fees for any permits required hereunder are to be set by the Village Council by resol- ution, and may be changed from time to time by Council resolution; however, a copy of any such resolution and permit fee amounts schedule shall be kept on file, at all times, in the office of the Viilaje Clerk - Treasurer, and a copy thereof shall be available to anyone requesting same, without charge. EE. To provide reasonable flexibility in the sign regulations set forth in this Ordinance, the Village Clerk - Treasurer, with the approval of the Village Council, may approve an application for a sign that exceeds the limitations Permitted by these regulations where such an exception would not be incosistent with these restrictions. FF. Any proposed sign exceeding 50 square feet in area and/or over 30 feet in height shall not be erected until detailed plans therefor are filed with the Board of Zoning, and the Board of Zoning and Village Council approves such sig:. and upon the issuance of a permit evidencing such approval by the Village Clerk - Treasurer. GG. For the purpose of this Ordinance, maximum square footage of a sign shall ho computed on the basis of one side of any multi -faced sign. SECTION 5. This Ordinance shall take effect upon:its passage and pub- lication according to law. Passed by the Village Council of Lino Lakes, Anoka County, Minnesota this 8th day of December, 1969. /s/ Ralph M. L'Ailier Ralph M. L'Allier, Mayor t,test: /s/ June L. Emerton, Clerk - Treasurer June L. Emerton, Village Clerk -Treasurer Sec. INTERSTATE HIGHIWAYS 173.01 Declaration of policy 173.02 Definitions 173.03 Permits within scenic areas 173.04 hoard; scenic areas; federal funds 173.05- Acquisition of property 173.06 Rules and regulations relating to permits 173.07 Applications for permits; contents; renewals 173.08 Excluded devices 173.09 Violations, remedies 173.10 Conflicting provisions 173.11 Violations, penalties 173.12 Application ADVERTISING DEVICES CHAPTER 173 Sec. 173.13 Devices along interstate highways 173.14 Permit identification number 173.15 Prohibited devices 173.16 Advertt4ing devices located in business areas 173.17 Removal of devices. time for removal 173.18 Adjustments between owners as to spacing 173.1Agreements and regulations 173.20 Conflicting provisions 173.21 Violations, penalties 173.231 Appropriation; fees 173.25 Availability of federal aid funds 173.26 I:rcrnption 173.27 Citation • 173.01 DECLt'i.i ATION OF POLICY. It is hereby found and declared that in the interest of and to promote the general welfare of the people and to conserve the natural beauty of areas adjacentto certain highways, it is necessary to rea- sonably and effectively regulate and control the erection or maintenance of adver- tising devices on land adjacent to such highways. It is further declared that inasmuch as outdoor advertising is an integral part of the business and marketing function, an established segment of the national economy, and a legitimate com- mercial use of property adjacent to roads and highways, it should be allowed to operate where other business and commercial activities are conducted, and the regulation of outdoor advertising should occur by the application of reasonable regulatory standards consistent with customary use of outdoor advertising and zoning principles in this state which will properly and adequately carry out each and all of the purposes of Laws 1971, Chapter 883; that the regulatory standards set forth in Laws 1971, Chapter 883, are consistent with customary use in this state. It is the intention hereby to comply with the policies declared by Congress in Title 23, United States Code, "Highways". [i965 c 828 S 1; /97/ c 886 S 11 173.02 DEFINITIONS. Subdivision 1. For the purposes of Laws 1971, Chapter 883, the terms defined in this section shall have the meanings herein given them. Subd. 2. "Advertising device" means any billboard, sign, notice, poster, dis- play, or other device visible to and primarily intended to advertise and inform or to attract or which does attract the attention of operators and occupants of motor vehicles on the interstate system of highways and shall include any structure erected primarily for use in connection with the display of any such device and all lighting or other attachments used in connection therewith. Subd. 4. "Scenic area" means an area within which control and regulation of the erection and maintenance of advertising devices may be exercised to the extent herein provided and such areas shall include only those established as such by the commissioner of highways after consultation with the scenic area board. Subd. 6. Directional and other official signs and notices shall mean: (a) "Official signs and notices" mean signs and notices erected and main- tained by public officers or public agencies within their territorial jurisdiction and pursuant to and in accordance with direction or authorization contained in federal or state law for the purposes of carrying out an official duty or responsi- bility. Historical markers authorized by state law and erected by state or local governmental agencies or non-profit historical societies may be considered official signs. (b) "Public utility signs" mean warning signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations. (c) "Service club and religious notices" mean signs and notices, not exceed- ing eight square feet in advertising area, whose erection is authorized by law, relating to meetings and location of non-profit service clubs or charitable associa- tions, or religious services. (d) "Directional signs" ineans publicly owned signs containing directional 199 ADVERTISING DEVICES 173.04 Information about public places owned or operated by federal, state, or local governments or their agencies, publicly or privately owned natural phenomena, historic, cultural, education, and religious sites, and areas_ of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public. (e) All definitions in this subdivision are intended to be in conformity with the national standards for directional and other official signs. Subd. 7. "Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the commissioner of highways and approved by the appropriate authority of the federal government. Subd. 8. "Adjacent area" means any area adjacent to the right of way of an interstate or trunk highway. Subd. 9. "Business area" means any part of an adjacent area which is (a) zoned for business, industrial or commercial activities under the authority of any law of this state or any political subdivision thereof; or (b) not so zoned, but which constitutes an unzoned commercial or industrial area as herein defined. Subd. 10. "Primary highway" means any highway, other than an interstate highway, at any time officially designated as a part of the federal aid primary system by the commissioner of highways and approved by the 'appropriate author- ity of the federal government, and which shall include state trunk highways des- ignated as such by Minnesota Statutes. Subd. 11. "Erect" means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way to bring into being or establish but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of an outdoor advertising structure or device. Subd. 12. "Advertising area" means that portion of the advertising face of an advertising device which includes the border and trim, thereof, but excludes the base and apron supports and other structural members. Subd. 13. "Maintain" means to allow to exist. Subd. 14. "unzoned commercial or industrial areas" means those areas which are not zoned by state or local law, regulation, or ordinance, and on which there is located one or more permanent structures devoted to a commercial or indus- trial activity or on which a commercial or industrial activity is actually con- ducted whether or not a permanent structure is located thereon, and the area along the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in apply- ing this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing, and Iandscaped areas of the commercial or industrial activity, not from the property lines of the activity, and shall be along or parallel to the edge of the pavement of the highway. Subd. 15. "Commercial or industrial activity" for the purposes .of unzoned commercial or industrial areas means an activity generally recognized as com- mercial or industrial by zoning authorities in this state, except that none of the following activities shall be considered commercial or industrial: (1) Outdoor advertising devices. (2) Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, temporary wayside fresh produce stands. (3) Transient or temporary activities. (4) Activities not visible from the main traveled way. (5) Activities more than 660 feet from the nearest edge of the right of way. (6) Activitives conducted in a building principally used as a residence. (7) Railroad tracks and minor sidings. [1965 c 828 s 2; 1967 c 299 s 9; Ex19G7 c 9 s 1, 2; 1969 c 1129 art 5 s 1; 1971 c 883 s2] 173.03 PERMITS WITHIN SCENIC AREAS. Except as otherwise provided in sections 173.01 to 173.11, the erection or maintenance of any advertising device located within a scenic area Without a written permit therefor granted by the commissioner of highways is prohibited. [1965c828s31 173.04 BOARD; SCENIC AREAS; lt: EDI RAE FUNDS. Subdivision 1. There 200 173.05 ADVERTISING DEVICES Is hereby created a board to be known as the scenic area board. The board shall consist of the commissioner of highways, commissioner of economic develop- ment, commissioner of natural resources and a representative of the outdoor advertising industry, a representative of the motel, hotel and resort industry to be appointed by and serve at the sufferance of the governor.. Subd. 2. The commissioner of highways, after consultation with • the scenic • area board, may by rules and regulations issued pursuant to chapter 15 estab- lish scenic areas adjacent to the interstate or primary highways. Such scenic areas shall be located outside of the then existing boundaries of cities, and shall not include areas then zoned for commercial or industrial purposes. Permits for legally existing advertising devices not in violation of this chapter shall be granted until such devices are paid for, but no new advertising devices may be erected within the area after the scenic area has been established by rule and regulation. If the state or any local unit of government legitimately zones all or any part of a scenic area for commercial or industrial use in accordance with customary usage in the state, then such area or that part thereof shall cease to be a scenic area. A scenic area will exist when the rights thereto have been acquired by the state. Subd. 3. The scenic area board may recommend that the commissioner of highways establish an area adjacent to a route of an interstate or primary high- way as a scenic area when it deems such area to be of scenic interest. Such area may include in part, but shall not be limited to, areas containing national, state, or local parks, historic sites and monuments, and picnic, rest, or recreation areas maintained by the public. The commissioner of highways may acquire scenic easements in such areas to preserve the natural scenic beauty of that area and its visibility from the high- way, and the rights so acquired may require the removal, by the owner of the land, of any structure necessary to accomplish these purposes. Advertising devices shall be removed only in accordance with this chapter, and the commissioner shall not require the removal of residences, farm buildings or other buildings of a substantial nature. Whenever practicable, the scenic easements acquired herein shall provide that the land may be used for agricultural, horticultural, forest, grazing, residential, or other purposes not inconsistent with the scenic purposes • for which the easement was acquired. Subd. 4. Any scenic area established under this section may extend such distance beyond the edge of the right-of-way of an interstate or primary highway as the commissioner shall determine is reasonably necessary for the fulfillment of the purposes and objectives of sections 173.01 to 173.11. Subd. 5. In establishing such scenic areas along any interstate or primary highway, the commissioner of highways shall, whenever practicable, comply with federal law and federal rules and regulations relating to billboard control on any interstate or primary highway, and is authorized to do all necessary acts and things, including, but not limited to, entering into binding agreements with the United States or any of its agencies or departments to the end that the objec- tives stated in Title 23, United States Code, Section 131, Section 319, or any other applicable federal statute, and the rules and regulations promulgated pursuant thereto, be accomplished in such scenic areas, and that federal participation in the cost of acquiring the necessary easements for such scenic areas be obtained in as many instances as possible. Subd. 6. The commissioner of highways has the authority to do all things necessary to obtain any federal moneys that may be available for the planning, establishing, and acquiring of scenic areas and scenic easements along any interstate or primary highway. [1965 c 828 s 4; 1967c29989; Ex1967 c 9 s 3-7; 1969 c 1129 art 8 s 1; 1971 c 883 s S; 1973 c 123 art 5 s 7J 173.05 ACQUISITION OF PROPERTY. The commissioner of highways shall. acquire all rights in property, personal or real, necessary to carry out the purposes of sections 173.01 to 173.11, by purchase, gift, or eminent domain proceedings. All costs of acquisition of such rights shall be necessary for a highway purpose. Nothing herein shall be construed to limit any right, power or authority to regu- late and control the erection or maintenance of advertising devices under the provisions of any other law of this state. [1965 c 828 s 5 ] 173.06 RULES ANI) REGULATIONS RELATING TO PERMITS. Subdivision 201 ADVERTLSING DEVICES 173.08 1. The commissioner of highways shall adopt and may modify, amend or repeal regulations governing the Issuance of permits or renewals thereof for the erection and maintenance of advertising devices within scenic areas; provided that he shall not adopt, modify, amend or repeal any regulation that will impair any agreement with the federal government. The commissioner of highways may limit the applica- tion of any regulation adopted by him to exclude or include in whole or in part, specified areas within the scenic area based upon use, nature of the surrounding community, or such other factors as may make separate classification or regula- tion necessary or desirable. Subd. 2. Such regulations shall be designed to the end that the state may receive any federal participation that may be available in the cost of acquiring the necessary easements for such scenic areas, and to effectuate the general purposes of Laws 1971, Chapter 883, and the specific objectives of providing for traffic safety along any interstate or primary highway in the vicinity of scenic areas and of preserving and enhancing the natural scenic beauty or the aesthetic fea- tures of the highway and scenic areas adjacent thereto. [1965 c 828 s 6 Ex1967 c g s 8; 1971 c 883 s 4J 173.07 APPLICATIONS FOR PER1IITS; CONTENTS; RENEWALS. Subdi- vision 1. Application for permits or renewals thereof for the placement and maintenance of advertising devices within scenic areas shall be on forms pre- scribed by the commissioner and shall contain such information as he may re- quire. No advertising device shall be placed without the consent of the owner or occupant of the land, and adequate proof of such consent shall be submitted to the commissioner at the time application is made for such permits or renewals. There shallbe furnished with each permit an identifying number which shall be affixed by the permit holder to the advertising device in accordance with rules and regulations of the commissioner of highways. Subd. 2. The commissioner of highways may renew each permit for addi- tional one year periods upon thereceipt of an application therefor made within 30 days of the expiration date of such permit together with the payment of an annual fee of $15. The permit or renewal thereof shall be revocable for any viola- tion of sections 173.01 to 173.11 or regulations adopted thereunder at any time by the commissioner of highways on 30 days written notice to the permit holder. All fees collected shall be paid into the trunk highway fund. [1965 c 828 s 7; 1971 c 883 s 5) 173.08 EXCLUDED DEVICES. Subdivision 1. Advertising devices restricted. No advertising device, excepting the advertising devices described and permitted under Laws 1971, Chapter 883, shall be erected or maintained in an adjacent area, after June 8, 1971, except the following: (a) Directional and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are re- quired or authorized by law, and which comply with regulations which shall be promulgated by the commissioner relative to their lighting, size, spacing and other requirements as may be appropriate to implement Laws 1971, Chapter 883; (b) Advertising devices advertising the sale or lease of property upon Nvhich they are located, provided that there shall not be more than one such sign, adver- tising the sale or lease of the same property, visible to traffic proceeding in any one direction on any one interstate or primary highway; (c) Advertising devices advertising activities conducted on the property on which they are located, including, without limiting the generality of the fore- going, goods, sold, stored; manufactured, processed or mined thereon, services rendered thereon, and entertainment provided thereon; (d) Advertising devices stating the name and address of the owner, lessee or occupant of such property or information otherwise required or authorized by law to be posted or displayed thereon; (e) Public utility signs; (1) Service club and religious notices, except that a permit with a fee of $2 shall be required. (g) Advertising devices of which the advertising copy or the name of the owner thereof is in no part visible from the traveled way of the aforesaid high- ways; (h) Advertising devices which are located, or which are to be located, in business areas and which comply, or will comply when erected, with the provi- sions of Laws 1971, Chapter 883. 202 173.09 ADVERTISING DEVICES Subd. 2. Advertising devices prohibited. No advertising device shall be erected or maintained: (1) In or within 500 feet of national parks, state parks, local parks, historic sites, and public picnic or rest areas; (2) Within 100 feet of a church or school. [1965 c 828 s 8; Ex.1967 c 9 s 9; 1971 c 883 s 6] 173.09 VIOLATIONS, REMEDIES. Any advertising device in place within a scenic area four months after the property rights for such area have been ac- quired which is in violation of sections 173.01 to 173.11 or any regulation issued or adopted thereunder, is hereby declared to be a public nuisance, illegal and noncon- forming and may be abated in the manner prescribed by law for the abatement of public nuisances, or cne commissioner may enter upon the land and remove the sign. [1965c828s9; Ex1967c9s10] 173.10 CONFT 'CTING PROVISIONS. Nothing in sections 173.01 to 17311 shall be constri to abrogate or affect the provisions of any other law, mu- nicipal ordinance, regulation, or resolution which is more restrictive concerning advertising devices than are the provisions of such sections or of the regula- tions adopted hereunder. [1965c828s10] 173.11 VIOLATIONS, PENAL'uJ S. Any person who is convicted of vio- lating any provision of sections 173.01 to 173.11, or of violating any regulation issued or adopted thereunder after receiving notice thereof, is guilty of a mis- demeanor. [1965c828s11] 173.12 APPLICATION. Sections ' 173.01 and 173.02 and sections 173.13 to 173.24 shall apply to adjacent areas on interstate or primary highways. [1965 c 828 s 12; 1971 c 883 s 7] 173.13 DEVICES ALONG INTERSTATE HIGNWAYS. Subdivision 1. No advertising device shall be erected or maintained in any adjacent area without a permit therefor being first obtained from the commissioner, except that permit systems of legitimate local zoning authorities shall take precedence inside a business area. Subd. 2. The commissioner of highways may adopt, modify, amend, or repeal regulations governing the. issuance of permits or renewals therefor for the erection and maintenance of advertising devices adjacent to the interstate and primary system of highways, provided that such regulations shall not be more restrictive than the provisions of sections 173.13 to 173.24. Subd. 3. No size limitation shall apply to any advertising device otherwise legally in place on June 8, 1971. Subd. 4. The annual fee for each such permit or renewal thereof shall he as follows (1) 1f the advertising area of the advertising device does not exceed 50 square feet, the fee shall be $5. (2) If the advertising area exceeds 50 square feet but does not exceed 300 square feet, the fee shall be $10. (3) If the advertising area exceeds 300 square feet, the fee shall be $20. (4) No fee shall be charged for a permit for directional and other official signs and notices as they are defined in section 173.02. Subd. 5. The provisions of this section shall be effective on July 1, 1971, and the provisions relating to permits and fees shall apply to then legally existing devices as well as devices that may be erected and maintained thereafter. Subd. 6. Permits shall expire on the last day of June of each year. They may be renewed upon payment of the annual fee and filing of a renewal applica- tion form to be provided by the commissioner, but without the filing of a new permit application. There shall be proration of the fee for the year in which the permit is first obtained, and the portion of any fees for a permit on any adver- tising device paid under chapter 173, allocable to the period July 1, 1971, through December 31, 1971, shall be deemed to have been paid upon and shall apply to payment of the fees required by Laws 1971, Chapter 883 or refunded. There shall be no additional fee or permit required for .change in advertising copy. Subd. 7. A penalty of $2 shall be charged upon failure to pay the annual permit fee for renewal on or before August 1 of each year. Subd. 8. There shall be submitted, together with the fee for the annual re- 203 ADVERTISING DEVICES 173.16 newal, a statement by the applicant that the owner or occupant of the property has consented to the continued use of his property for such advertising device. Subd. 9. The commissioner of highways shall be notified in writing by the assignor of any such assignment. Subd. 10. The commissioner may revoke any permit granted herein for cause upon 30 days written notice of such hearing to the perrnittee. Such notice and hearing . and all regulations with respect thereto shall be in accordance with chapter 15. The commissioner within 10 days after hearing shall notify the per- mittee what he must do to retain the permit and the permittee shall have 30 days therefrom in which to comply with the order of the commissioner. Subd. 11. Advertising devices erected or maintained after June 8, 1971, not complying with Laws 1971, Chapter 883, and not otherwise by Laws 1971, Chapter 883, permitted to stand may be removed by the commissioner upon 60 days prior written notice by certified or registered mail to the owner thereof and to the owner of the real property on which such advertising device is located, provided that no notice shall be required to be given to the owner of an advertising de- vice whose name is not stated upon the advertising device or the structure on which it is displayed, unless the name of such owner is otherwise reasonably known to the commissioner. The period of such notice shall be computed from the date of mailing. [1965 c 828 s 13; Ex1967 c 9 s 11.14; 1971 c 883 s 8] 173.14 PERMIT IDENTIFICATION NUMBER. Every permit issued by the commissioner of highways shall be assigned an identification number. The commissioner shall also issue with each permit an identifying number which shall be attached to the advertising device in a conspicuous place by the permittee in accordance with rules and regulations of the commissioner. The permittce shall also have his name plainly marked on each advertising device. [1965 c 828 s 14) 173.15 PROHIBITED DEVICES. After June 8, 1971 no advertising device shall be erected or maintained: (1) Which purports to be or resembles an official traffic control device, sign, or signal, Or railroad sign or signal; or which hides from view or interferes in any material degree with the effectiveness of any traffic control device, sign, or signal, or railroad sign or signal, or which obstructs or interferes with the driver's view of approaching, ,merging, or intersecting traffic for a distance not to exceed 500 feet; (2) Which prominently displays the word "stop" or "danger"; (3) Which contains statements, words, or pictures of an obscene, indecent, or immoral character, or such as would offend public morals or decency; (4) On any right-of-way of the interstate system of highways, except as otherwise provided by law or allowed by the commissioner; (5) On private land without the consent of the owner or occupant thereof; (6) On trees, shrubs, or which are painted or drawn upon rocks or natural features, or on public utility poles; (7) Which has distracting flashing or moving lights so designed or lighted as to be a traffic hazard; (8) To which access can be obtained only from an interstate main traveled way but excluding frontage roads adjacent thereto; (9) Which are structurally unsafe, in disrepair, or are abandoned. [1965 c 828 s 15; Ex1967 c 9 s 15; 1971 c 883 s 9] 173.16 ADVERTISING DEVICES LOCATED IN BUSINESS AREAS. Subdi- vision 1. Effective. After June 8, 1971, advertising devices in a business area shall comply with the standards stated in this section. Subd. 2. Regulations as to sire; within corporate Lints; outside corporate .limits. (1) In a business area within a corporate limit the maximum area of a sign face, whether a single sign face or each face of two back to back or V-type signs, shall not exceed 1,000 square feet including border and trim, but excluding base and apron supports and other structural members, except as pro- vided under subdivision 5. The maximum size limitation stated in this subdivision shall apply to each side of a sign structure and signs niay be placed back to back, side by side, or in a V-type construction, but not more than two displays to each facing and such sign structure shall be considered as one sign. (2) In a business area outside corporate limits the maximum area of a sign 204 173.16 ADVERTISING DEVICES face, whether a single sign face or each face of two back to back or r V-type signs, shall not exceed 750 square feet including border and trim, but excluding -base ' and apron supports and other structural members, except as provided under sub- division 5. The maximum size limitation stated in this subdivision shall apply to each side of a sign structure and signs may be placed back to back, side by side, or in a V-type construction, but not more than two displays to each facing and such sign structure shall be considered as one sign. Subd. 3. Lighting. (1) Advertising devices shall not be erected which con- tain, include or are illuminated by any flashing light or Tights, except those giving public service information such as, without limiting the generality of the fore- going, time, date, temperature, weather or news; (2) Advertising devices shall not be erected or maintained which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway, of such intensity or brilliance as to cause glare. or impair the vision of the operator of any motor vehicle; or which. otherwise interfere with any driver's operation of a motor vehicle are prohibited. (3) Outdoor advertising devices shall not be erected or maintained which shall be so illuminated that they interfere with the effectiveness of or obscure any official traffic sign, device or signal. Subd. 4. Spacing. (1) Advertising devices shall not be erected or main- tained in such a place or manner as to obscure or otherwise physically interfere with an official traffic control device or a railroad safety signal or sign, or to obstruct or physically interfere with the drivers' view of approaching, merging or intersecting traffic for a distance of 500 feet. (2) No advertising device shall be erected closer to any other such adver- tising device on the same side of the same highway facing traffic proceeding in the same direction than (a) 500 feet on any interstate highway or fully controlled freeway in a zoned or unzoned commercial or industrial area within or outside an incorporated city, (b) 300 feet on a primary highway in a zoned commercial or industrial area outside an incorporated city, (c) 400 feet on a primary highway in an ui zo cd coamum >rcial or industrial area :-outside an incorporated city, (d) 100 feet On a primary highway inside an incorporated city; provided, however, that this provision shall not prevent the erection of double-faced, back-to-back, or V-type advertising devices with a maximum of two signs per facing; provided further, however, that such spacing requirements shall not apply as between any off -premise advertising device permitted under the provisions of Laws 1971, Chapter 883. (3) The above spacing between advertising devices does not apply to struc- tures separated by buildings or other obstructions in such a manner that only one sign facing located within the above spacing distances is visible from the high- way at any one time. (4) On interstate highways or fully controlled access freeways outside of incorporated cities, no advertising device may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area. Said 500 feet shall be measured along such highway from the beginning or ending of pavement widen- ing at the exit from or entrance to the main traveled way. (5) On primary highways outside of incorporated cities, no advertising device may be located closer than 300 feet from the intersection of any primary highway at grade with another highway, or with a railroad; provided that advertising may be affixed to or located adjacent to a building at such intersection in such a manner as not to cause any greater obstruction of vision than that caused by the building itself. Subd. 5. Local control. (1) • Whenever a bona fide county or local zoning authority has made a legitimate determination of customary usage and in the judgment of the commissioner, reasonably provides for size, lighting and spacing control of advertising devices, such determination shall be accepted in lieu of the provisions of this chapter in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. (2) All county and local zoning authorities shall give notice to the commis- sioner of highways of the establishment or revision of any commercial and in- dustrial zones pursuant to subdivision 1. Notice shall be by registered mall sent 205 ADVERTISING DEVICES 173.185 to the office of the commissioner of highways in St. Paul, Minnesota, within 15 days after the effective date of the zoning change -or establishment. [1965c828s16;Ex1967c9sd5A,1971c883s10;1973c123art 5.s7] 173.17 REMOVAL OF DEVICES, TIME FOR REMOVAL. It is hereby de- clared that where in order to carry out the provisions of this section it is neces- sary that property rights be acquired, such acquisition is for a public purpose and is necessary for a highway purpose. The commissioner of highways is author- ized to acquire by purchase, gift or condemnation all advertising devices and all property rights pertaining thereto which are prohibited under the provisions of section 173.16, and any rules or regulations promulgated pursuant thereto, pro- vided that such advertising devices were in lawful existence on June 8, 1971. In any such acquisition, purchase or condemnation, just compensation shall be paid for: (1) The taking from the owner of such sign, display or device of all right, title, leasehold and interest in such sign, display or device; and (2) The taking from the owner of the real property on which such adver- tising device is located immediately prior to its removal or relocation, the right to erect and maintain thereon advertising devices, and full compensation therefor, including severance damage and damage to the remainder of the outdoor adver- tising plant regardless of whether it is located on property contiguous to or a part of that on which such sign is located, shall be included in the amounts paid to the respective owners. Provided, however, that no compensation shall be paid for severance damage and damage to the remainder of the outdoor advertising plant unless federal laws, or rules and regulations promulgated by the United States Department of Transportation provide for federal participation in the. cost of such severance damage and damage to the remainder of the outdoor advertising plant. (3) Compensation required herein shall be paid to the person or persons en- titled thereto. Notwithstanding any other provisions of Laws 1971, Chapter 883,: no advertising device shall be required to be removed or relocated unless and until the commissioner of highways shall tender payment to the owner of the advertising device and the owner of real property upon which the same is located, in cash or check drawn on the state treasury, of 100 percent of the amount of just compensation required herein, as determined by the commissioner of high- ways; provided that the acceptance of said tendered amount by the person or persons to be compensated shall be without prejudice to his or their further rights to have just compensation finally determined in accordance with the pro- visions of Laws 1971, Chapter 883, and to receive any greater or additional amount under chapter 117. [1965 c 828 s 17; Ex19G7 c 9 s 16; 1971c8838 11] 173.18 ADJUSTMENTS BETWEEN OWNERS AS TO SPACING. If two or more advertising devices erected before May 26, 1965 are in violation of the spac- ing requirements as herein provided, the commissioner of highways shall notify the owners of such devices and give such owners full opportunity to be heard. He shall thereafter make a finding as to the date of erection of each of the devices. The device or devices last erected shall be deemed nonconforming and shall be removed by the owner or owners not later than July 1,1969. • [1965 c 828 s 18] 173.185 AGREEMENTS AND REGULATIONS. Subdivision 1. The commis- sioner of highways shall comply with federal law and federal rules and regula- tions relating to billboard control on the interstate and primary systems, and is authorized to do all necessary acts and things, including, but not limited to, entering into binding agreements with the United States or any of its agencies or departments to the end that the objectives stated in Title 23, United States Code, Section 131, Section 319, or any other applicable federal statute, and the rules and regulations promulgated pursuant thereto, be accomplished on the interstate and primary systems of highways: Subd. 2. The commissioner of highways is authorized to promulgate rules and regulations governing the erection and maintenance of outdoor advertising devices as may be necessary to carry out the policy of the state declared in this chapter. [1971c883312] 206 173.20 ADVERTISING DEVICES 173.10 [Repealed, 1971 c 883 s 201 173.20 CONFLICTING PROVISIONS. Nothing in sections 173.13 to 173.24 shall be construed to abrogate or affect the provisions of any other law, municipal ordinance, regulation, or resolution which is more restrictive concerning adver- tising than the provisions of said sections 173.13 to 173.24 hereof or of the regula- tions adopted thereunder. [1965 c 828 s 20] 173.21 VIOLATIONS, PENAL'1.1FS. Any person who violates any provisions of sections 173.13 to 173.24 or any regulations issued or adopted thereunder after notice thereof upon conviction is guilty of a misdemeanor. In addition thereto, the commissioner of highways may seek injunctive relief in the district court of the county in which the nonconforming advertising device is located and require that either the advertising device conform or be removed. [1965 c 828 s 21; 1971 c 883 s 13] 173.22 [Obsolete] 173.23 [Obsolete] 173.231 APPROPRIATION; TION; FEES. ES. There is annually appropriated out of the trunk highway fund a sum of money sufficient to carry out the provisions of Laws 1971, Chapter 883: All fees collected under Laws 1971, Chapter 883, shall be paid into the trunk highway funds. [1971 c 883 s 17] 173.24 [Obsolete] 173.25 AVAILABILITY OF FEDERAL AID FUNDS. The commissioner of highways shall not be required to expend funds for the acquisition of advertising devices controlled under this chapter until federal funds are made available to the commissioner for the purpose of carrying out the provisions of this chapter. No advertising device legal under Laws 1971, Chapter. 883, shall be required to be re- moved or relocated until payment as provided in Laws 1971, Chapter 883, is tendered by the commissioner of highways. This section shall not apply to the re- moval of signs for which no federal share is payable. [1971c883s14] 173.26 EXEMPTION. Notwithstanding any other provision of Laws 1971, Chapter 883, each advertising- device in existence in a business area on June 8, 1971 and which fails to comply with the provisions of Laws 1971, Chapter 883, only as to size, lighting or spacing, may remain in place. [1971c883s15] 173.27 CITATION. Laws 1971, Chapter 883, may be cited as the "Minnesota Outdoor Advertising Control Act". [1971 c 883 s 18] 173.31 [Repealed, 1971 c 883 s 20] 173.32 [Repealed, 1971 c 883 s 201 173.33 [Repealed, 1971 c 883 s 20] 173.34 [Repealed, 1971 c 883 s 207 173.35 [Repealed, 1971 c 883 s 20] 173.36 [Repealed, 1971 c 883 s 20] 173.37 [Repealed, 1971 c 883 s 20] 173.38 [Repealed, 1971 c 883 s 201 173.39 [Repealed, 1971 c 883 s 20] 173.40 [Repealed, 1971 c 883 s 20] 1.73.41 [Repealed, 1971 c 883 s 20] 173.42. [Repealed, 1971 c 883 s 20] 173.43 [Repealed, 1971 c 883 s 20] 173.44 [Repealed, 1971 c 883 s 20] 1.73.45 [Repealed, 1971 c 883 s 20] 173.46 [Repealed, 1971 c 883 s 20] 173.47 [Repealed, 1971 c 883 s 201 173.48 [Repealed, 1971 c 883 s 20] 173.49 [Repealed, 1971 c 883 s 201 173.50 [Repealed, 1971 c 883 s 20] 173.51 [Repealed, 1971 c 883 s 20] 173.52 [Repealed, 1971 c 883 s 20] 173.53 [Repealed, 1971 c 883 s 20] 173.54 [Repealed, 1971 c 883 s 20] 207 Hwy 37 AIINNESOTA DEPARTMENT OF HIGHWAYS Hwy 37 Rules and Regulations for the Placement and Control of Adver- tising Devices on Lands Along and Adjacent to the Interstate and Primary Systems of Highways in the State of Minnesota. (a) Purpose. The purpose of these regulations is to carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes 1969, Chapter 173, as amended by Laws of Minnesota 1971, Chap- ter 883, the "Minnesota Outdoor Advertising Control Act", with reference to the placement and control of advertising devices and establishment of scenic areas on lands along and adjacent to the interstate and primary systems of highways in the State of Minnesota. (b) Scope. The scope of this regulation is confined to and consistent with Minnesota Statutes, Section 173.01 through 173.27. (c) Definitions. For the purpose of this rule and regulation, the terms "Ad- vertising Device", "Scenic Area", "Official Signs and Notices", "Public Util- ity Signs", "Service Clubs and Religious Notices", "Directional Signs", "In- terstate Highways", "Adjacent Area", "Business Area", "Primary Highway", "Erect", "-Advertising Area", "Maintain", "Commercial or Industrial Ac- tivities", "Unzoned Commercial or Industrial Area" shall have the meaning given them in Minnesota Statutes, Chapter 173. (1) On Premise Sign. An advertising device located on the premises (or contiguous property) of an individual, business or organization when the sale or lease of the premises or the identification, products or services of the individual, business or organization are the subject of the advertising device. (2) Roadbed. That portion of the roadway between the outside edges of finished shoulders. (3) Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separation at inter- section. (4) Controlled freeway. An expressway with full control of access. (5) Frontage road. A local street or road auxiliary located on the side of an arterial highway for service to abutting property and for control of Access. (6) Side by side. Means there shall not be more than a two (2) foot distance between the closest edge of two signs facing the same highway(s) and direction of travel, and owned by the same permittee. (7) "V" type sign. Means that there shall not be more than an eight (8) foot distance between the closest edge of each sign face, and owned by the same permittee. Signs will be facing in opposite direction. (8) I3ack to back. Means that there shall not be more than an eight (8) foot distance between sign faces. Signs will face in opposite directions, and be owned by the same permittee. (d) Exclusions and Exemptions (1) Signs erected by the owner or occupant of the property on which they are located that are not erected for the purpose of advertising to or attracting the attention of operators and occupants of motor vehicles on the 80 RULES AND REGULATIONS Hwy 87 primary or interstate system of highways (such as no trespassing, no hunting or signs warning of impending danger on the land) are not deemed advertis- ing devices and arc excluded and exempt from regulation and control. (2) In all areas the following types of advertising devices are excluded and exempt from regulation and control. (aa) Devices erected or maintained for the purpose of posting or displaying information required or authorized by law. (bb) Devices of which the advertising copy is not primarily viewed from any traveled portion of the interstate or primary highway or fully controlled freeway. (cc) Official signs and notices. (dd) Public utility signs. (3) Within a scenic area on -premise signs as follows are allowed: (aa) One (1) name plate sign per real estate parcel not to exceed eight (8) square feet in size including border and trim but excluding base and apron supports and other structural members. (bb) Two (2) signs, one facing each direction of traffic per real estate parcel not exceeding eight (8) square feet in size per each face, including trim and border but excluding base and apron supports and other structural members, for the purpose of advertising the sale, hire or lease of the property or contiguous property of the parcel owner, lessee or occupant. (cc) Any sign not exceeding one hundred fifty (150) square feet in size (per face) including border, trim, or other embellishments, excluding base and apron supports and etherix. structural 1::c n. acl�._rtis ng the busi- ness conducted, services rendered, goods produced or sold that is within one hundred (100) feet in either direction of travel (as measured along the edge of the roadbed) from the site on the property where said activity or activities are conducted -or access thereto is provided. Outside this one hundred (100) feet of the site on the property where said activity or activities arc conducted or access thereto is provided there shall not be more than two (2) on -premise advertising devices (one facing each direction of traffic). (e) General (I) Advertising devices prohibited by Minnesota Statutes, Sections 173.08, 173.13 and 173.15 are also prohibited in scenic areas. Spacing re- strictions as set forth in Minnesota Statutes, Section 173.16 are not applicable between exempt and excluded devices described in (d) (2) through (d) (3) and non-exempt devices. (2) Subject to the provisions of Minnesota Statutes, Section 173.16, signs erected after June 7, 1971 in a business arca within a corporate limit the maximum area of a sign face shall not exceed one thousand (1000) square feet including border and trim, but excluding base and apron supports and other structural members. Maximum size limitation shall apply to each side of a sign structure and signs may be placed back to back, side by side or in a V-type construction, but not more than two displays to each side of a sign structure. • (3) Subject to the provisions of Minnesota Statutes Section 173.16, signs erected after June 7, 1971 outside of a corporate limit in a zoned or 81 Dwy 37 - MIN'*SOTA DEPARTMENT OF HIGHWAYS unzoned business area the maximum arca of a sign face shall not exceed seven hundred fifty (750) square feet including border and trim, but exclud- ing base and apron supports and other structural members. Maximum size limitation shall apply to each side of a sign structure and signs may be placed back to back, side by side or in a V-type construction but not more than two (2) displays to each side of a sign structure. (4) Sign structure. In all areas signs erected back to back, side by side, or in a V-type construction by one owner shall be deemed to be one sign structure and will he required to have only one permit. The largest advertis- ing area on either side of the sign structure shall be the square foot measure- ment applicable to the permit fee schedule. Each side of a sign structure so designed shall be directed toward a different direction of travel, making it impractical to simultaneously view both sides of the structure from any one traffic lane. (5) Sign area. In all areas, all signs shall be measured by the smallest square rectangle, triangle, circle or combination thereto, which will encom- pass the entire sign. (6) Maintenance of advertising devices which can only be serviced from the right-of-way of the interstate system of highways or controlled freeways is prohibited, except such devices may be serviced from frontage or service roads where they occur. (7) Advertising devices with copy, message or displays using words, color, statements or illustrations which might imply official direction or con- trol of traffic arc prohibited. (8) For the purposes of Minnesota Statutes, Section 173.02, Subdivi- sion 14, "Unzoned commercial or industrial areas", all measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing, and landscaped areas of the commercial or industrial activity, not from the property lines of the activity, and shall be along or parallel to the edge of the pavement of the highway. (9) The Commissioner shall establish scenic areas along the primary or interstate system of highways pursuant to Minnesota Statutes, Section 173.04 and Minnesota Statutes, Chapter 15. (10) For the purposes of Minnesota Statutes, Section 173.02, Subdivi- sion 14, the unzoned commercial or industrial activity will be an activity which is in an area that would be generally recognized as commercial or industrial by zoning authorities within the state, and such activity without discrimination, except as to age, serves the general public, during normally accepted business hours and on a regularly scheduled basis of not less than one hundred fifty (150) days of continuous operation, during a state annual permit period. (11) For the purposes of Minnesota Statutes, Section 173.02, Subdivi- sion 9, a business area shall not be recognized when the land on which the activity is conducted is operating on a grandfather clause, special use, variance or temporary permit. (12) For the purposes of Minnesota Statutes, Section 173.02, Subdivi- sion 9, if a business area is rezoned or ceases to meet the requirements of the law, these regulations or any other authority, such business area shall cease 32 RULES AND REGULATIONS IIwy 37 to exist and any then legal advertising device existing therein at such time shall become a legal non -conforming device. (13) All signs erected or encroaching on any right-of-way or sign ease- ment are illegal and must be removed: (14) 'The establishment of an unzoncd business area does not abrogate any more restrictive criteria established by law, this rule and regulation or any other authority. (f) Spacing and Location Requirements. (1) For the purposes of Minnesota Statutes, Section 173.16, Subdivi- sion 4, distance restrictions between advertising devices apply only to those devices physically located on the same. side of the highway regardless of the direction of travel to which the display or message is directed. Measurements to determine the location of one advertising device in relation to another will be made along the edge of the roadbed between the closest extremities of said devices, with the termini projected along lines perpendicular to the edge of the roadbed. • (2) For the purposes of Minnesota Statutes, Section 173.16, Subdivi- sion 4, Subsection (4) outside of incorporated cities, villages or boroughs where an intersection includes ramps or legs, the intersection shall be con- strued as the entire area circumscribed by a line connecting all points where the outmost ramps or legs leave or enter the main traveled roadway and where they intersect with another highway or road. Advertising devices will not be permitted within five hundred (500) feet of the point where the out- most ramps or legs leave or enter the main traveled roadway orfor five hundred (500) feet on the other highway or road from the point of its inter- section with the ramps or legs, nor in the area between said points. This is defined as the area adjacent to the ramp and legs. Devices may however be affixed on or located to a building at such an intersection but in such a manner so as to cause no greater visual obstruction than the building itself. (3) For the purpose of Minnesota Statutes, Section 173.16, Subdivision 4, Subsection 5, on primary highways or fully controlled access freeways outside of incorporated cities, villages or boroughs where there arc no ramps or legs, the prohibited area at an intersection shall be construed as the entire area of three hundred (300) feet outwardly as measured along the roadway from the center point of two (2) intersecting roadbeds. Advertising will not be permitted within this three hundred (300) foot area. (4) Por the purposes of Minnesota Statutes, Section 173.08, Subdivi- sion 2, the restrictive distances that determine areas in which advertising devices are prohibited will apply to lands along and adjacent to interstate, primary highways and expressways and fully controlled freeways both before and beyond property used for any school, church, national, state or local park, historic site, public picnic area, wayside. overnight, or public safety rest area. Such restrictive distances shall be measured along the edge of the - roadbed beginning at a point which is an extension, perpendicular 10 the edge of the roadbed, of the intersection of the property line of the area and the normal highway right-of-way line. The restrictive distances shall apply to lands along and adjacent to the opposite sice of the interstate, primary high- way, expressway and controlled freeway, as measured by an imaginary line crossing the highway. 3:1 Hwy 37 MINNESOTA DEPARTMENT OF HIGHWAYS (5) For the purposes of Minnesota Statutes, Section 173.16, Subdivision 4, Subsections 4 and 5, another highway shall mean any highway, street, road or public way for vehicular travel, maintained by the State or any other public agency, which enters directly into the main traveled way of the highway which it is said to intersect. (6) For the purposes of Minnesota Statutes, Section 173.16, Subdivi- sion 4 and 5, the restrictive distances at "T" intersections shall apply to lands on both sides of the highway as though the road physically ending at the highway continued and extended beyond at a 90 degree angle as measured from the center Line of the roadway. (g) Permits, Fees and Renewals. (1) Applications for permits may be obtained at any district office or central office of the Minnesota Department of Highways. However; for the purpose of processing and approval, permit applications will he filed at or forwarded to the Department's district office having jurisdiction over the area in which the advertising device is located. (2) The application for permit shall be filled out in its entirety and all applications will be processed in order of receipt. If an application has to be returned for any additional information required to properly evaluate the application, it will not retain its preference over any other application that may be pending for the same .area. (3) All applications will be processed by the necessary Department per- sonnel and a permit will be issued or denied within thirty (30) days after its arrival at the district office. With respect to applications received prior to the fifteenth (15) day of the month, the permit fee will be charged as of the first (1) day of that month. With respect to applications received on or after the fifteenth (1:.)) day et the month, the permit fee will he charged as of the first (1) day of the following month. (4) All applications must be accompanied by a certified check, bank draft or money order unless prior arrangements are made with the Com- missioner of Highways. (5) The owner of any advertising devices which was. lawfully in exist- ence on the effective date of the Minnesota Outdoor Advertising Control Act of 1971, Laws of Minnesota, 1971, Chapter 883, and which is not controlled by an annual permit must apply for a permit for such device within ninet} (90) days after promulgation of these rules and regulations by the Commis- sioner of Highways. (6) Requests for permit renewals will not he accepted more than sixty (60) calendar days prior to the expiration date of the permit. All permits within scenic areas will expire on Decemher 31st of each year. All permits for signs in non -scenic areas will expire on June 30th of every year. (7) All permits issued for erection of a new advertising device are null and void if the erection of the device is not completed within one hundred twenty (120) calendar days after the permit has been issued. If a permit is voided because of no erection there will be no refunds of monies and a new application and process shall be initiated. (8) When a permit is granted for an advertising device, the permittee will be furnished a permit identification number. This number must be 34 RULES AND REGULATIONS Hwy 37 affixed by a permittce to the supporting structure nearest the roadway and in such a manner and height so as to be identified from the nearest traffic lane. (9) Any advertising device for which no permit application or permit renewal has been submitted shall be removed pursuant to law. (10) When a permit is .revoked- pursuant to Minnesota Statutes, Sec- tion 173.13, Subdivision 10, applications for a permit for that site will be accepted from new applicants only after the outdoor advertising device of the former permit holder has been completely removed. New applications will be processed in the order in which they are received. (11) For the purposes of Minnesota Statutes, Sections 173.09, 173.13, Subdivision 11, 173.17, 173.18, and 173.21, remove, removed,. and removal shall mean the complete disassembly of the device including all component parts, except if removal would result in substantial structural damage to a building. All electrical services shall be disconnected, if any, and there shall be a complete removal of wires, conduit, and supporting structures, the filling of any ground excavations or holes and the removal from theproperty of all disassembled elements of. the advertising device and.its supporting structure. (12) For the purpose of Minnesota Statutes, Section 173.13, an adver- tising device for which a permit can be issued shall when erected be a com- plete billboard, sign, notice, poster, or display intended to advertise a prod- uct or legend. An advertising device which is painted out, or painted over, or advertising space for lease and which has so existed for one (1) permit period shall not be- considered for a permit or renewal. Where there are posts only, partial structure, company name markers or no structure at all, a renewal shall not be issued. (13) Service club and religious notices shall not be governed by the provisions of Minnesota Statutes, Section 173.16, Subdivision 4 (2). (14) For the purposes of Minnesota Statutes, Section 173.13, Subdivi- sion 4, any change in advertising area which exceeds the advertising area for which a permit had been issued shall require a new permit application. (h) Certification of Zoning (1) For the purposes of Minnesota Statutes, Section 173.16, Subdivi- sion 5, bona fide zoning authorities may request the Commissioner of High- ways to accept the legitimate local zoning applicable to control of advertis- ing devices within legally -zoned commercial or industrial areas. All requests for certification shall include information regarding regulation of size, light- ing, spacing, and annual permit requirements as well as all pertinent infor oration required to properly evaluate the application. (2) All certification shall apply to the then existing boundaries of the zoning authority and any further addition or elimination of land will be treated on an individual basis under the provisions of Minnesota Statutes, Section 173.16, Subdivision 2. Alt requests for certification shall include a copy of the minutes or procedure authorizing the zoning authority to request such certification from the Commissioner of Flighways. (3) All certification shall be on an annual basis and shall be based upon local enforcement. Failure to enforce may result in revocation of certifica- tion. 35 Hwy 87 MINNESOTA DEPARTMENT OF HIGHWAYS (i) All previous rules and regulations adopted by the Commissioner of Highways relating to the control of advertising devices within the State of Minnesota arc hereby repealed. • (j) Severability. The provisions of these regulations shalt be severable, and the invalidity of any paragraph, subparagraph or subdivision thereof shall not make void any other paragraph, subparagraph, subdivision or any other part. 36 MEASUkEMENT OF SPACING BETWEEN ADVERTISING DEVICES MINNESOTA STATUTES . 173.16 Subd. 4 device'(3' All measurements shall be: I. Between the closest extremities of the device. 2. With termini projected °Iona' lines perpendicular to the • edge of the roadbed. 3. Made along roadbed e:dg3. device 'A' r RESTRICTION OF ADVERTISING DEVICES ON PRIMARY HIGHWAYS OUTSIDE OF INCORPORATED CITIES, VILLAGES OR BOROUGHS MINNESOTA STATUTES 173.16 Subd. 4 Subs. 5 NOTE: Restrictive area below applies to railroads and "T" intersections • NO DEVICES ALLOWED 300 NO DEVICES ALLOWED NO- DEVICES ALLOWED NO DEVICES ALLOWED EXCEPTION: Devices may be attached to or adjacent to a building within these limits but in such a manner so as to cause no greater visual obstruction than the building itself. REST.R1CTION OF ADVERTISJNG DEVICES IN 'VICINITY OF INTERSTATE OR FULLY CONTROLLED ACCESS 'EEVWAY INTERSECTION OUTSIDE OF INCORPORATED CITIES VILLAGES OR BOROUGHS NO DEVICES ALLOWED NO DEVICES ALLOWED dirofterry 500' v - 500'. NO DEVICES ALLOWED * The beginning or endino of pavement widening at th exit or entrance to The mai:- traveled roadway 54 RESTRICTION OF ADVERTISING DES,/ICES 1N. VICINITY OF INTERSTATE OR .FULLY CONTROLLED ACCESS ,..,REEWAY INTERSECTION OUTSIDE OF INCORPORATED CITIES, VILLAGES OR BOROUGHS L-5 0' NO DEVICES ALLOWED 500 i NO DEVICES ALLOWED a 1--s-- 500' NO DEVICES ALLOWED igThe beginning or ending of pavement widening at the exit or entrance to the main traveled roadway. i - 5 5 - RESTPdct tON OF ADVERTISING DEVICES IN VICINITY OF NATIONAL. STATE OR LOCAL • PARK; HISTORIC SITE; PUBLIC PICNIC OR REST AREA MINNESOTA STATUTES 173.06 Subd. 2 NO DEVICES ALLOWED Notional, State, or . Local Park; Historic site; Public Picnic or Rest Area NO DEVICES ALLOWED we 0 a1 Qw NO DEVICES ALLOWED kG �OF G DEVICES fN V1C1tHTY O CHURCH OR SCHOOL:. • MINNESOTA • STATUTES 173.08 Subd.• 2 Right of woy Edae NO DEVICES ALLOWED School Property School Property NO DEVICES ALLOWED {f (/ (,/fir /j�' .'jp6 7 DEVICES �p (�` R S Gi eIVJT!`Mir'iV '�.6`F k bD E i � iS i`'3G Ms'E�d I'!AES IN UNZONED COMMERICAL AND INDUSTRIAL AREAS MINNESOTA STATUTES 173.02 Subd. 14 NO DEVICES ALLOWED MI = Property area of building, parking lot, • storage or processing and landscaped areas. Rj9ht of way Edge w 0 0 a CC NO DEVICES ALLOWED 8 so°. 0° DEVICES ALLOWED Property Line j V; .. : //7/ 7/if 4 ;/,/ bldg. / // ,//; y/ /3 20//:// Property Line DEVICES ALLOWED NO DEVICES ALLOWED