HomeMy WebLinkAbout#10 - Sign Ordinance1
STAFF REPORT DATE: 8/7/2024
ITEM – REGULAR AGENDA
MOTION
TO: City Council
FROM: Jason Stopa, Community Development Director
AGENDA ITEM: Sign Code Text Amendment
INTRODUCTION:
The City has initiated a zoning text amendment to City Code Section 105.12.430 Sign Regulations to
update regulations, create signage subdistricts, and correct conflicting or outdated references. The proposed
amendment comes after discussions with the Planning Commission, Economic Development Authority
(December 2023 meeting), and a City Council Workshop. The Community Development Department
plans to create a sign permit guide for businesses owners to better explain the process, fees, and number
and size of signs allowed.
ISSUE BEFORE THE CITYCOUNCIL:
The City Council is being asked to review the proposed text amendment to the City’s sign code.
PROPOSAL DETAILS/ANALYSIS
Proposed changes are attached.
PUBLIC COMMENT
A hearing notice was published in the local newspaper on July 12th, 2024. The staff did not receive any
public comments.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the proposed text amendment to the City Council as
presented.
FISCAL IMPACT
None
OPTIONS
The City Council may:
• Approve the proposed text amendment.
• Amend and make changes to the proposed text amendment.
• Deny the proposed text amendment.
RECOMMENDATION
Staff recommend that the City Council approve the proposed text amendment as presented.
“Move to adopt Ordinance No. 2024-13, amending Chapter105.12.430 Sign Regulations as
presented.”
2
AND
“Move to adopt summary of publication of Ordinance No. 2024-13 with approval of Resolution
No. 2024-087”
ATTACHMENTS
1. Ordinance No. 2024-13
2. Resolution No. 2024-087
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 2024-13
AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE BY
AMENDING CHAPTER 105.12.430 SIGN REGULATIONS
SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter
105.12: Zoning Code, 105.12.430 Sign Regulations is hereby amended by changing the following section
(Proposed language is underlined, deleted language is shown with strikethrough):
105.12.430 Sign Regulations
a) Purpose and intent. The purpose of this section is to provide standards to safeguard life, health, and
property and to promote the public welfare by regulating the design, area, number, construction, location,
and installation of all signs referred to hereunder. The city council and planning commission of the city
find that the visual environment has an effect on the welfare of the citizens of the city and that careful
control of signage can protect and enhance the community. To carry out this general purpose, the
regulations set forth herein are intended to:
1. Protect the public from hazards that result from signs which are structurally unsafe, obscure the
vision of motorists and/or compete or conflict with necessary traffic signals and warning signs.
2. Preserve the land value of private property by ensuring the compatibility of signs with nearby land
uses.
3. Foster high quality commercial and industrial development and to enhance economic development
of existing businesses and industries by promoting reasonable, orderly, attractive and effective
signs that meet the need for business identification, advertising and communication.
4. Encourage creative and well-designed signs that contribute in a positive way to the community's
visual environment, express local character and help develop a distinctive image in the city. When
appropriate, signage is encouraged to utilize design elements that are consistent with the Lake
Elmo Branding and Theming Study.
5. Recognize that signs are a necessary form of communication and provide flexibility within the
sign review and approval process to allow for unique circumstances.
6. Provide applicants with clear and consistent rules and regulations and to guarantee equal
treatment under the law through accurate record keeping and consistent enforcement.
It is not, however, the purpose or intent of this section to regulate the message displayed on any sign.
b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Abandoned sign means any sign remaining in place which for a period of 90 consecutive days or more
that no longer advertises or identifies a bona fide n ongoing business, product, service, idea, or
commercial activity located on the site or has not been properly maintained in accordance with the
requirements of this section.
Ancillary sign means a wall sign separate from and subordinate in area to the principal sign, identifying
generic services, goods or departments in the building, such as pharmacy, optical, auto repair, or garden
center, but not including the identification of brand names.
Attention-attracting object means any streamer, pinwheel, pennant, flag, propeller, inflatable sign,
statuary, tethered balloon, bunting, beacon, or other artificial device, figure, shape, color, sound, light or
exhibit, whether live, animated, or still, that is intended to attract attention to the use or business being
conducted on the site. Attention-attracting object does not include the flag of any governmental country.
Awning means a roof-like cover consisting of fabric, plastic or structural protective cover that projects
from the wall of a building which generally serves the purpose of shielding a doorway, entrance,
window, or outdoor service area from the elements or to provide decorative distinction.
Banner means a suspended sign made of a flexible material such as canvas, sailcloth, plastic, paper, or
fabric of any kind, and intended to be displayed on a temporary basis. A decorative banner is a banner
containing no message or logo that is displayed for the purpose of adding color or interest to the
surroundings or to the building to which it is attached. A flag or canopy shall not be considered a
banner.
Beacon means a stationary or revolving light that flashes or projects illumination, single color or
multicolored, in any manner that is intended to attract or divert attention.
Billboard means an off-premises sign on which lettered, figured, or pictorial matter is displayed
that has a display surface of 250 square feet or more.
Business opening sign means a temporary sign displayed prior or in addition to permitted permanent
signs to promote the opening of a new business, a change of name, or a change of ownership.
Canopy means a detachable, roof-like cover, supported from the ground or deck, floor or walls of a
structure, for protection from the sun or weather.
Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be
changed or rearranged manually without altering the face or the surface of the sign and on which the
message changes less than eight times a day and less than once per hour. A sign on which the only copy
that changes is an electronic or mechanical indication of price, time or temperature shall not be
considered a changeable copy sign.
Commercial message means a message that directs attention to or acts as advertising for a business,
commodity, product, service, or form of entertainment or tends to encourage the occurrence of a
commercial transaction related thereto.
Comprehensive sign plan means a complete signage plan for a building or lot that has been approved by
the city.
Construction sign means a sign identifying individuals or companies involved in design, construction,
wrecking, financing, or development of a building or lot upon which the sign sits and/or identifying the
future use of buildings or lot upon which the sign sits.
Copy means words, letters, numbers, figures, designs, or other symbolic representations incorporated
into a sign.
Directional sign, on-premises, means a sign without commercial message erected for the purpose of
indicating the required or preferred direction of vehicular, bicycle, or pedestrian traffic on private
property, including, but not limited to, "no parking," "entrance," "exit only," "loading only," and other
similar signage.
Directional sign, off-premises, means any sign without commercial message that is displayed for the
purpose of informing people of or guiding people to a particular place for a specified event, including,
but not limited to, an open house, garage sale, estate sale or other similar event.
Directly illuminated sign means any sign designed to give any artificial light directly through any
transparent or translucent material from a source of light originating within or on such sign.
Directory sign means a sign which serves as a common or collective identification for a group of
persons or businesses operating on the same lot. Such a sign commonly lists the tenants, occupants, floor
plan, addresses or suite numbers of an office complex, shopping center, or residential building complex.
Election sign campaign period means signs authorized by Minnesota Statutes Section 211B.045 a
period prior to a general election starting on August 1 until ten days following the general election, or a
period prior to a special election starting 13 weeks prior to the special election until ten days following
the special election.
Electronic variable message sign means a changeable copy sign or portion thereof which can be
electronically changed or rearranged without altering the face or the surface of the sign, not including
signage or portions thereof displaying price, time and temperature.
Facade means any separate face or surface of a building, including parapet walls, and roof surfaces or
any part of a building which encloses or covers unusable space. Where separate facades are oriented in
the same direction, or where the inside angle at the intersection of two surfaces is greater than 135
degrees, they are to be considered as part of a single facade.
Flag means a device generally made of flexible material, such as cloth, paper, or plastic, and displayed
from a pole, cable or rope. It may or may not include copy.
Frontage means the boundary of a lot that abuts a public street.
Garage sale sign means a sign advertising the sale of personal property including estate sales, yard sales
or rummage sales used to dispose of personal household possessions.
Government sign means any sign erected by the city or any other governmental entity in the exercise of
official government business and authority.
Ground sign means any freestanding sign that is supported by structures or supports in or upon the
ground and independent of support from any building. A single sign structure having two identical or
nearly identical faces back to back shall constitute a single sign. For the purposes of this definition, a
ground sign is intended to refer to a primary, permanent, ground-mounted sign, not a temporary sign or
sign that is ancillary to the primary sign, such as a directional sign or portable sign.
Hanging sign means a sign that is suspended from the underside of a surface and is supported by such
surface.
Indirectly illuminated sign means a sign that is illuminated from a source outside of the actual sign.
Inflatable sign means a freestanding or moored sign expanded or inflated with air or another gas, like a
balloon, and which may rise and float above the ground.
Legal nonconforming sign means any sign which was lawfully erected and displayed on [city clerk to
insert effective date], but which does not conform to the requirements and limitations herein, or any sign
which was lawfully erected and displayed on the effective date of any amendment to this section, but
which does not conform to such amendment. Said legal nonconforming sign may be continued
through repair, replacement, restoration, maintenance, or improvement, but not including
expansion. “Expansion” shall be defined as any structural alteration, change, or addition that is
made outside of the original sign structure or sign area, including the addition of a dynamic
display.
Logo means a symbol or trademark commonly used to identify a business or organization.
Memorial sign means a sign or tablet memorializing a person, event, place or structure.
Menu sign means a permanent changeable copy sign associated with restaurants with drive-through
windows, car washes, or other businesses with drive-up services which gives a detailed list of food or
services available.
Monument sign means a ground sign having a monolithic base or support structure of any material
measuring no less than one-third (one-third) of the greatest width of the sign at any point.
Noncommercial message means a message intended to direct attention to a political, social, community
or public service issue or an idea, aim viewpoint, aspiration or purpose and not intended to produce any
commercial benefit or tend to encourage a commercial transaction.
Off-premises sign means a sign which displays any message directing attention to a business, product,
service, profession, commodity, activity, event, person, institution or any other commercial message,
which is generally conducted, sold, manufactured, produced, offered, or occurs elsewhere than on the lot
where such sign is located.
On-premises sign means a sign which displays any message directing attention to a business, product,
service, profession, commodity, activity, event, person, institution or any other commercial message,
which is generally conducted, sold, manufactured, produced, offered, or occurs on the same lot as the
sign.
Pennant means a tapered or dove-tailed banner or flag.
Permanent, when used in reference to a sign, means that the sign is constructed of durable materials and
intended to exist for an indefinite period of time or the duration of the time that the use or occupant is
located on the premises and is generally, but not necessarily, affixed to the ground or structure. Unless
the context clearly dictates otherwise, the term "permanent," in this definition, is not intended to mean
literal permanence, but rather it is meant to distinguish such signs from more transient or temporary
signage.
Pole sign means a ground sign mounted upon a pole or pylon, or multiple poles or pylons, not meeting
the definition of a monument sign.
Portable sign means a type of temporary sign that is not permanently attached to the ground or a
building or not designed to be permanently attached to the ground or a building, including, but not
limited to, trailers or other vehicles that are used principally as a sign, posters, sandwich boards or other
freestanding signboards, regardless of whether such signs are attached to the ground or to a building or
structure.
Projecting sign means a sign that is attached to the wall of a building and projects more than 15 inches
beyond such wall.
Real estate sign means a sign advertising only the sale, rental or lease of the premises upon which the
sign is located.
Sign means any letter, word, or symbol, poster, picture, statuary, reading matter or representation
in the nature of an advertisement, announcement, message, or visual communication, whether
painted, posted, printed, affixed, or constructed including all associated brackets, braces,
supports, wires and structures, which is displayed for information or communicative purposes.
display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a
building or from a traveled way, that either conveys a message to the public, or intends to advertise,
direct, invite, announce or draw attention to any event, goods, products, services, facilities, persons,
property interest or business. A sign does not include wall or building art.
Street frontage means the distance for which a lot boundary adjoins a single public street.
Temporary sign means a sign that is not constructed or intended for long term use. any sign that is
not a permanent sign.
Village Area means all properties within the Village Area Metropolitan Urban Service Area
(MUSA) boundary.
Wall sign means a sign that is attached to a wall of a building and is affixed parallel to the wall at a
distance of not more than 15 inches from the surface of the wall with no copy on the sides or edges.
This definition includes painted, individual letter, cabinet signs, and signs on a mansard.
.
Window sign means any sign located completely within an enclosed building and visible from a public
way or placed upon a window. Merchandise within the premises and visible from the exterior shall not
be considered a window sign under this definition; however, any signs that are placed on the backs of
shelving units or similar structures, or interior walls where the sign is located less than seven feet
from the window’s surface shall be considered a window sign.
c) Applicability. The sign ordinance codified in this section shall apply to any sign placed, erected, altered,
maintained, or relocated within the city that is plainly visible, although not necessarily legible, from any
vehicular or pedestrian public right-of-way or any lot in ownership separate from the lot upon which the
sign is located. This section shall not regulate government signs; the copy or message displayed on
signs; signs not intended to be viewed from a public right-of-way; interior window displays; product
dispensers; non-dynamic displays on scoreboards on athletic fields, flags, gravestones, barber poles;
religious symbols; commemorative plaques; the display of street numbers; or any display not
defined herein as a sign. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or favoring of any particular non-commercial
message over any other non-commercial message. This provision prevails over any more specific
provision to the contrary.
d) Sign permits and fees.
1. Permit required. Except as provided in this section, it shall be unlawful for any person to place,
erect, alter or relocate within the city, any sign without first obtaining a permit from the planning
community development department and making payment of all permit fees as required by the
city's fee schedule. This subsection shall not be interpreted to require a permit for a change of copy
on a changeable copy sign, changing occupant sign panels on a directory sign, repainting, cleaning,
or other normal maintenance and repair of any existing sign or its structure as long as the sign copy
does not change.
2. Application for sign permit. All applications for sign permits shall be filed on a form supplied by
the city. Such application shall be submitted with all required information provided and shall
contain or have attached thereto the following information:
a) Date of application.
b) Name, address, telephone number, and, if available, fax and email address, of the applicant
as well as of the person, firm, corporation, or association erecting the sign.
c) The written consent of the owner or lessee of the premises upon which the sign is to be
erected, or the sworn statement of the applicant that the applicant is authorized by the
owner, lessee or other authorized occupant of the premises to erect the proposed sign.
d) A scale drawing showing the existing and proposed location and dimensions of all
buildings, structures, and signs on the subject property. For a ground sign, the drawing
shall also indicate the following: Ddistance of the sign from either the face of curb or
sidewalk as well as its location relative to other ground signs, driveways, fire hydrants, and
any other features of a site that could be obscured by the sign.
e) A landscaping plan around the base of all ground signs.
f) The configuration of the proposed sign listing the height, width, total square footage,
proposed copy, method of construction and attachment, method of illumination and
description of all electrical equipment, sign materials and colors, and at least one image
showing the location of the proposed sign and its relationship to either the building to which
it is to be mounted or the surrounding lot if it is a ground sign.
g) The total area and number of all signs by type on the subject property both before and after
the installation of the proposed sign.
h) For temporary signs, applications must be accompanied by a signed, written statement
acknowledging the ordinance requirements governing the duration of time during which
the sign may be displayed.
i) Such other information as the city may require to ensure compliance with this section and
any other applicable laws.
3. Application process and review procedure. It shall be the duty of the planning community
development department director, upon the filing of an application for a sign permit, to examine
the application for compliance with the requirements of this section and, if deemed necessary by
the planning community development director, to inspect the premises upon which the proposed
sign is to be erected. If the application is complete and the proposed sign is in compliance with all
the requirements of this section, and any other applicable laws, the following actions shall be taken:
a) If the application is for a permanent sign that conforms to an approved comprehensive sign
plan that applies to the property upon which it is to be located, or for a permanent or
temporary sign that adheres to the requirements of this Code, the planning community
development director may issue a permit.
b) If an application for approval of a comprehensive sign plan pursuant to subsection (i)
Comprehensive sign plans of this section is submitted with a development application
subject to planning commission review and city council approval, the planning community
development director shall review the application and make a recommendation to the
planning commission prior to issuing a permit.
c) Except for applications for approval of a comprehensive sign plan, applications shall be
approved or denied within 30 days of the filing of a complete application or be deemed
approved unless an extension of time for review is granted, in writing by the applicant. Any
decision of the planning community development director may be appealed to the board
of adjustment and appeals.
d) In the event that a permit is issued but the sign authorized by the permit is not placed,
erected, altered or relocated within six months after the issuance of the permit, the permit
shall expire and be null and void.
e) Design review criteria. Signs shall meet the following criteria:
1. Any signage affixed to a building shall be dimensioned and located in such a manner that it fits
the building’s architectural features and proportions.
2. All signs shall be designed to fit the zoning and character of the surrounding area. Special
consideration should be made where proposed signage is located on or adjacent to locally
identified historic structures or publicly owned recreation and conservancy areas. Signage in
planned unit developments, or in developments seeking comprehensive sign plans, shall conform
to the planned or existing dominant architectural theme of the area. Signage in or abutting
residential properties should be designed and located so as not to create a nuisance. When
applicable, signage shall conform to the Lake Elmo Design Guidelines and Standards
Manual.
3. Signs illuminated by lights shall be positioned in such a manner that none of the light spills over
onto an adjourning property or glares or shines into the eyes of motorists or pedestrians. All signs
must conform to the sign illumination standards in subsection (f)(7) of this section and LEC
105.04.050.
4. Landscape features shall be incorporated around Tthe base of all permanent ground signs must be
landscaped. Landscape plantings or other landscape materials will shall not be considered as part
of the allowable signage.
f) General sign regulations. This section pertains to all signs erected in the city. Additional regulations may
apply based on sign type and zoning district in which the sign is to be displayed. Whenever regulations
conflict anywhere within this section or with any other applicable rule or regulation, unless expressly
stated otherwise, the more restrictive provision shall control.
1. Surface area calculation. The sign surface area shall be calculated based on the area within the
smallest single continuous rectilinear perimeter of not more than eight straight lines encompassing
all elements of the actual sign face including any writing, representation, emblems or any figure
or similar character together with any material forming an integral part of the display or forming
the backing surface or background on which the message or symbols are displayed, but excluding
any support structure. For a sign painted on or applied to a building, the area shall be considered
to include all lettering, wording and accompanying design or symbols, together with any
background of a different color than the natural color, or finish material of the building. Area of
signs displaying copy on two parallel, back-to-back faces not separated by more than 12 inches
shall be calculated with reference to a single face only.
2. Sign location, placement and setback requirements. Except as provided elsewhere in this section,
all signs shall be subject to the following requirements:
a) Limitations based on building setbacks.
1. Except as provided in paragraph subsection (f)(2) (b) below of this section, no
part of any permanent or temporary sign shall extend over a property line.
2. Where buildings are lawfully permitted to exist on the property line, a permanent
sign attached to a building may project not more than six feet over the abutting
public sidewalk or right-of-way, provided that the bottom of the sign components
are located no less than eight feet above the ground immediately beneath such sign.
No sign may project over adjacent private property. Any ground sign shall be
located on the premises unless it is an authorized temporary sign for which a valid
permit is in effect.
b) Signs on public property. No sign shall be located within or across any public right-of-way,
or on any public property, easement, or utility pole, except for:
1. A sign erected by, or required by, a government agency or temporarily erected to
protect the health and safety of the general public;
2. A sign erected in conformity with paragraph subsection (f)(2) (a).(2) of this
section;
3. Subdivision identification signs, provided an encroachment and license agreement
is obtained from the appropriate jurisdiction if the sign is located within the
public right-of-way;
4. Directional signs to religious institutions, schools, parks and public buildings
within the city not to exceed four square feet subject to the approval of the road
authority. Not more than three directional signs are allowed for each building
location.
c) Safety of motorists and non-motorists.
1. No sign shall be erected or maintained at any location whereby reason of its
position, wording, illumination, size, shape, or color it may obstruct, impair,
obscure the vision of road users, or otherwise obstruct, interfere with the view of,
or be confused with, any authorized traffic control sign, signal or device.
2. No ground sign, with the exception of government signs, may be placed within ten
feet of a fire hydrant, within 15 feet of a crosswalk, or within 15 feet of the
intersection of any circulation lane, roundabout, driveway or alley.
3. No sign exceeding a height of 30 inches may be placed within the vision triangle
as defined in LEC 1.04 08.
4. No sign or structural components shall obstruct passage on a sidewalk or walkway.
d) Additional regulations pertaining to placement of all signs. Except for a sign erected by,
or required by, a government agency or temporarily erected to protect the health and safety
of the general public:
1. No sign shall be attached to a fence, tree, shrubbery, utility pole or like items on
either public or private property, and no sign shall obstruct or obscure primary signs
on adjacent premises.
2. No sign shall extend beyond the perimeter of a permanent structure or obstruct any
window, door, fire escape, ventilation shaft or other area that is required to remain
unobstructed by an applicable building code.
3. No sign shall be mounted upon any roof of any building or structure.
e) Americans with Ddisabilities Act compliance. Sign placement shall meet all Americans
with Disabilities Act (ADA) requirements.
3. Construction and structural requirements. Every sign and its framework, braces, anchors and other
supports shall be constructed of such material and with such workmanship as to be safe. Every
sign shall be designed and constructed in conformity with the applicable provisions of the state
building code and shall be free of any exposed extra bracing, angle iron, guy wire or cables. The
base or support of all permanent ground signs shall be securely anchored to an appropriately
designed concrete base or footing per the state building code.
4. Load requirements. All signs and other advertising structures shall be designed and constructed to
meet all load requirements according to all applicable regulations in the state building code.
5. Installation. All signs shall be property properly secured, supported and braced. No sign or any
part thereof, or anchor, brace, or guy wire shall be attached, fastened or anchored to any fire escape,
fire ladder or standpipe, and no sign or any part thereof, or anchor, brace or guy wire shall be
erected or maintained which may cover or obstruct any door, doorway, or window of any building
or which may hinder or prevent ingress or egress through such door, doorway or window, or which
may hinder or prevent the raising or placing of ladders against such building in the event of fire.
All signs or attention-attracting objects devices shall be free of projections that could cause injury
to a pedestrian and shall be installed in such a manner to avoid obstruction of a public sidewalk or
street or portion thereof.
6. Maintenance. All signs, including nonconforming signs, and sign structures shall be maintained to
preserve the appearance and structural integrity substantially identical to the new condition of the
sign.
7. Sign illumination. All illuminated signs shall comply with LEC 105.04.050 (Lighting, Glare
Control and Exterior Lighting Standards) and the following requirements:
a) Electrical permit. All signs in which electrical wiring and connections to be used shall
comply with all applicable provisions of the state electrical code.
b) Voltage displayed. The voltage of any electrical apparatus used in conjunction with a sign
shall be conspicuously noted on that apparatus. In addition, all electrical signs shall bear
the label of approval of a recognized testing laboratory and be equipped with a watertight
safety switch that is located where the electrical supply enters the sign.
c) External illumination. All external lighting fixtures shall be steady, stationary, fully
shielded and directed solely onto the sign, and shall use lighting designed to minimize light
spill and glare. Lighting sources shall not be directly visible or cause glare to adjacent
public rights-of-way or adjacent private property.
d) Internal illumination. Internally illuminated signs shall permit light to shine fully through
only the lettering and graphic elements of the sign. The background for such lettering and
graphics shall be opaque or translucent and shall transmit light at a level substantially less
than that transmitted through the lettering and graphics. If the contrast between the lettering
or graphic elements and background does not permit adequate legibility, a translucent white
boarder of up to one inch in width may be placed around said lettering or graphic elements.
e) Brightness limitation. Except for daytime displays on electronic variable message signs, in
no instance shall the lighting intensity of any illuminated sign exceed:
1. Three footcandles at the front lot line and one footcandle at all other lot lines,
measured three feet above the surface of the ground.
2. 50 footcandles measured perpendicular to the face of the sign from a distance equal
to the narrowest dimension of the sign.
f) Glare. All artificial illumination shall be so designed, located, shielded and directed so as
to prevent the casting of glare or direct light up adjacent public right-of-way or surrounding
property.
g) Reflectors and lights. Gooseneck and similar reflectors and lights shall be permitted on
ground and wall signs; provided, however, the reflectors and lights shall concentrate the
illumination upon the area of the sign so as to prevent glare upon the street or adjacent
property. It shall be unlawful to maintain any sign which is wholly or partially illuminated
by floodlights or spotlights, unless such lights are completely concealed from view from
the public right-of-way.
8. Motion as a component of a sign. No sign shall have any flashing, scintillating, moving or blinking
lights or rotating beacons, whether operated by electronic or mechanical means or wind driven,
nor shall any floodlight, spotlight, or beacon utilize such actions to illuminate a sign. In addition,
no beam of light shall be projected through a mechanism which periodically changes the color of
the light reaching the sign.
9. Attention-attracting objects. The use of any attention-attracting object, as defined in this Section,
shall be allowed only as a temporary sign in conjunction with a special event permit, not to exceed
ten days per issuance. No permit shall be granted for any premises more than four times in any
calendar year; or more than once in any three-month period.
10. Lots having multiple street frontages. Business occupying corner lots, or multiple frontages
adjacent to more than one public right-of-way, may display up to one additional ground-mounted
or building-mounted sign for each additional frontage, provided that such additional sign may not
exceed 50 percent of the area allowed by the primary frontage and is oriented toward the additional
frontage. For the purposes of this Code, the primary frontage shall be presumed to be the frontage
upon which the main entrance to the building is located. The applicant, however, may identify a
different frontage as the primary frontage to maximize the effectiveness of the signage.
10. Resemblance to traffic signs. No sign shall contain or resemble any sign resembling in size, shape,
message, or color any traffic control devices compliant with the Minnesota State Manual on
Uniform Traffic Control Devices.
g) Limitations according to the type of land use and zoning district. Unless exempt under paragraph
subsection (k) of this section or as expressly provided elsewhere, no permanent or temporary signs shall
be displayed except in conformity with the following regulations as they correspond to the type of land
use and districts in which the sign is to be displayed.
1. Residential uses in residential districts.
a) In connection with legal home occupations, a single sign which is limited in content to the
name, address and legal home occupation of the owner or occupant of the premises, and
which does not exceed two square feet in area. Signs under this subsection shall be wall
signs only.
b) A residential condominium or multifamily apartment complex may display identification
signs identifying the name of the condominium or apartment complex if the total acreage
of the lot is one acre or more and the condominium or apartment includes eight or more
units. One wall identification sign and one ground identification sign per street frontage
may be displayed, with a maximum of two wall identification signs and two ground
identification signs per lot. No identification sign shall exceed 32 square feet in area, and
the maximum height is six feet above curb level for ground signs or is one story or 12
feet above curb level for wall signs, whichever is lower. For the purposes of this
subsection, the term "lot," when used in reference to a condominium, means all property
within the common interest community complex and not each unit.
c) Subdivision identification signs.
1. Number. Each residential subdivision is allowed up to one subdivision
identification sign per entrance to the subdivision. For the purposes of this section,
residential subdivision shall include all phases of approved staged developments.
2. Location. Subdivision identification signs shall be located near entrances to the
subdivision, except that one sign may be located along an abutting arterial or major
collector roadway.
3. Size. The maximum size for a subdivision identification sign is 32 square feet at a
subdivision's main entrance and 24 square feet for all other locations. The
maximum height for a ground identification sign is six feet above curb level.
4. Setback. Subdivision identification signs and support structure shall maintain a
setback of at least ten feet from any street right-of-way. Signs as well as support
structures within a center island shall maintain a setback of at least five feet from
the curb and are subject to regulations set forth by paragraph subsection (f)(2)2. b
of this section.
5. Changeable copy signs, including electronic variable message signs, are not a
permitted sign type for subdivision identification signage.
2. Institutional uses in or abutting residential districts. Nonresidential institutional uses located in
or abutting residential districts, such as churches and schools, located in residential districts may
erect signs as follows:
a) Wall and ground signs.
1. Area and number. One wall sign and one ground sign per street frontage may be
displayed, identifying the entity, with a maximum of two wall signs and two ground
signs per lot. Additional wall or ground signs for wayfinding purposes may be
permitted when the size of the lot, number of vehicular or pedestrian entrances, and
layout of the buildings require additional signs in order to promote traffic and
pedestrian safety. Signs under this subsection, whether displayed on a wall or on
the ground, shall not exceed 12 square feet in area, except such signs may be
increased in area by one square foot for each additional foot that the sign is set back
more than 12 feet from a lot line. No sign under this section shall exceed 32 square
feet in area.
2. Height. No identification wall sign shall project higher than one story, or 12 feet
above curb level, whichever is lower. No ground sign shall project higher than
six feet.
b) Temporary signs.
3. Agricultural sales businesses. Signage related to agricultural sales business may be erected as
follows:
a) On-premises signs, agricultural sales businesses. One or more on-premises signs may
be erected on a property in conjunction with an operating agricultural sales business
subject to the following requirements and restrictions:
1. Agricultural sales businesses utilizing less than ten acres of land specifically
for the growing of agricultural crops for the businesses are allowed one on-
premises sign not to exceed 32 gross square feet of advertising surface.
2. Agricultural sales businesses utilizing more than ten acres of land but less than
40 acres of land specifically for the growing of agricultural crops for the
businesses are allowed up to two on-premises signs not to exceed 48 gross
square feet of total advertising surface, with no individual sign surface
exceeding 32 square feet in size.
3. Agricultural sales businesses utilizing more than 40 acres of land specifically
for the growing of agricultural crops for the business are allowed up to three
on-premises signs not to exceed 64 gross square feet of total advertising
surface, with no individual sign surface exceeding 32 square feet in size.
4. Any illuminated sign shall be consistent with paragraph (f)(7) of this section
and illuminated only during those hours when business is open to the public
for conducting business.
b) Temporary off-premises signs, agricultural sales businesses. Independent of the total
allowable sign area for an individual property anywhere within the city, a temporary
off-premises sign may be erected on a property in conjunction with an operating
agricultural sales business subject to the following requirements and restrictions:
1. Maximum number. Every agricultural sales business shall have no more than
three off-premises signs at any given time to direct the public to the location
of the business.
2. Timeframe of use. Temporary off-premises signs may be erected for 45-day
time periods no more than four times in any given calendar year. The required
temporary sign permit shall stipulate the range of dates for each of the four
allowable time periods in any given calendar year.
3. Size and height. An off-premises agricultural sales advertising sign shall not
exceed 50 square feet in area and shall not be taller than ten feet in height.
4. Setbacks. Off-premises signs shall be a minimum of 25 feet from all side
property lines, and a minimum of 50 feet from other off-premises advertising
signs.
5. Permission required. Applicants for off-premises signs shall acquire
permission from the property owner upon whose land the sign is to be erected.
4. Commercial, mixed-use, and industrial business park districts.
a) Wall signs.
1. Number. No building occupant shall display more than one wall sign per street
frontage except as provided below:
a) One additional wall sign may be displayed on a building with no front
setback, provided that such sign is a flat sign that is either painted upon
the building or does not extend outward more than six inches or,
b) One additional wall sign may be displayed on single occupant buildings
with a minimum lot width of 100 feet or,
c) Up to three ancillary wall signs may be displayed on buildings
measuring at least 100 feet in length along the front lot line. Any
ancillary sign displayed under this paragraph shall not exceed 50
percent of the net area or 50 percent of the height of the largest
permitted wall sign displayed on that façade nor shall the aggregate
area of the ancillary signs exceed 50 percent of the net area of such wall
sign.
d) Lots having multiple street frontages. Commercial buildings
occupying corner lots, or multiple frontages adjacent to more than
one public right-of-way, may display up to one additional building-
mounted sign for each additional frontage, provided that such
additional sign may not exceed 50 percent of the area allowed by the
primary frontage and is oriented toward the additional frontage. For
the purposes of this Section, the primary frontage shall be presumed
to be the frontage upon which the main entrance to the building is
located. The applicant, however, may identify a different frontage as
the primary frontage in order to maximize the effectiveness of the
signage.
e) Businesses not fronting onto a street. Buildings without street frontage
may have only one wall sign per business.
2. Surface area. The total permitted sign surface area of all wall signs on a facade
shall not exceed one 1.5 square foot feet of signage for each lineal foot of
building frontage that is coterminous with the occupancy to which the sign
refers, unless a different amount allocated to the building occupant is
identified in an approved comprehensive sign plan pursuant to subsection (i)
of this section. In addition, no individual wall sign shall exceed 100 square feet
in area.
b) Ground Signs/Directory.
1. Number. There shall be no more than one ground sign for each street on which
the lot has frontage, except one additional ground sign per lot frontage may be
allowed for any lot frontage over 1,000 linear feet. On lots where the number
of businesses exceed the number of allowed ground signs, a directory sign shall
be used in lieu of multiple ground signs. No single business or building
occupant shall be allowed signage on both an individual ground sign and a
ground directory sign on the same street frontage. On premises having no
principal building, there shall be no more than one ground sign for the
premises.
2. Surface area. No ground sign shall exceed ten feet in height and 64 square feet
in area. No directory sign shall exceed 12 feet in height and 80 square feet in
area except as follows:
a) Village Area. No ground sign shall exceed six feet in height and 32
square feet in area. No directory sign shall exceed 12 feet in height and
80 square feet in area.
b) Parcels abutting Hudson Boulevard. No ground or directory sign shall
exceed 30 feet in height and 250 square feet in area. Signs shall be
within 100 feet of the property line abutting Hudson Boulevard.
a) Ground signs.
b) Directory signs.
c) Awning and canopy signs.
d) Wall signs.
e) Projecting signs.
f) Hanging signs.
g) Window signs.
h) Directional and informational signs.
i) Corporate flags and decorative banners.
j) Temporary signs.
5. Planned unit development districts. No permanent sign shall be displayed except a sign authorized
by the city and included in the comprehensive sign plan pertaining to the development site.
Temporary signs are permitted for commercial, institutional or industrial uses unless prohibited by
the comprehensive sign plan.
6. Conservancies and parks. No sign shall be permitted in a city park or open space except those
installed with permission by direction of the city’s public works director.
7. Agricultural sales businesses. Signage related to agricultural sales business may be erected as
follows:
a) On-premises signs, agricultural sales businesses. One or more on-premises signs may be
erected on a property in conjunction with an operating agricultural sales business subject
to the following requirements and restrictions:
1. Agricultural sales businesses utilizing less than ten acres of land specifically for the
growing of agricultural crops for the businesses are allowed one on-premises sign
not to exceed 32 gross square feet of advertising surface.
2. Agricultural sales businesses utilizing more than ten acres of land but less than 40
acres of land specifically for the growing of agricultural crops for the businesses
are allowed up to two on-premises sign not to exceed 48 gross square feet of total
advertising surface, with no individual sign surface exceeding 32 square feet in size.
3. Agricultural sales businesses utilizing more than 40 acres of land specifically for
the growing of agricultural crops for the business are allowed up to three on-
premises signs not to exceed 64 gross square feet of total advertising surface, with
no individual sign surface exceeding 32 square feet in size.
4. Any illuminated sign shall be consistent with subsection (f)(7) of this section and
illuminated only during those hours when business is open to the public for
conducting business.
b) Temporary off-premises signs, agricultural sales businesses. Independent of the total
allowable sign area for an individual property anywhere within the city, a temporary off-
premises sign may be erected on a property in conjunction with an operating agricultural
sales business subject to the following requirements and restrictions:
1. Maximum number. Every agricultural sales business shall have no more than three
off-premises signs at any given time to direct the public to the location of the
business.
2. Timeframe of use. Temporary off-premises signs may be erected for 45-day time
periods no more than four times in any given calendar year. The required temporary
sign permit shall stipulate the range of dates for each of the four allowable time
periods in any given calendar year.
3. Size and height. An off-site agricultural sales advertising sign shall not exceed 50
square feet in area and shall not be taller than ten feet in height.
4. Setbacks. Off-premises signs shall be a minimum of 25 feet from all side property
lines, and a minimum of 50 feet from other off-premises advertising signs.
5. Permission required. Applicants for off-premises signs shall acquire permission
from the property owner upon whose land the sign is to be erected.
h) Regulations Sign installation standards pertaining to specific sign type. Except as expressly provided
elsewhere, signs shall meet the following regulations according to sign type:
1. Wall signs.
a) Number. No building occupant shall display more than one wall sign per street frontage
except as provided below:
1. One additional wall sign may be displayed on a building with no front setback,
provided that such sign is a flat sign that is either painted upon the building or does
not extend outward more than six inches.
2. Up to three ancillary wall signs may be displayed on buildings measuring at least
100 feet in length along the front lot line. Any ancillary sign displayed under this
paragraph shall not exceed 50 percent of the net area or 50 percent of the height of
the largest permitted wall sigh displayed on that facade, nor shall the aggregate area
of the ancillary signs exceed 50 percent of the net area of such wall sign.
b) Surface area. The total permitted sign surface area of all wall signs on a facade shall not
exceed one square foot of signage for each lineal foot of building frontage that is
coterminous with the occupancy to which the sign refers, unless a different amount
allocated to the building occupant is identified in an approved comprehensive sign plan
pursuant to subsection (i) of this section. In addition, no individual wall sign shall exceed
100 square feet in area.
a) Location. Wall signs shall be mounted parallel to building walls and only on a portion of an
exterior wall that is coterminous with the occupancy to which the sign refers, unless a different
location is identified in an approved comprehensive sign plan pursuant to subsection (i) of this
section. No wall sign shall extend above or beyond the wall to which it is attached.
b) Installation requirements. No wall sign shall cover or interrupt significant architectural
elements such as columns, column caps, friezes, door or window heads, embellishments,
adornments, fenestration, or ornamental detailing on any building. All mounting brackets and
other hardware used to affix a sign to a wall as well as all electrical service hardware and
equipment shall be concealed by architectural elements of the building or the sign itself.
2. Ground signs.
a) Number. There shall be no more than one ground sign for each street on which the lot has
frontage, except one additional ground sign per lot frontage may be allowed for any lot
frontage over 1,000 linear feet. On lots occupied by two or more occupants, or where a
second ground sign is permitted, three or more occupants, a directory sign shall be used in
lieu of multiple ground signs. No single business or building occupant shall be allowed
signage on both an individual ground sign and a ground directory sign on the same street
frontage. On premises having no principal building, there shall be no more than one ground
sign for the premises.
b) Surface area. No ground sign shall exceed the size listed in Table 5-3.
a) Type of sign. Any permanent ground sign shall be erected as a monument sign. Pole signs
are prohibited unless the pole portion of the sign is enclosed in a shroud that causes the sign to
appear to have a monolithic base or support structure of any material measuring no less than
one-third of the greatest width of the sign at any point or unless the height is no greater than
three feet. This provision does not apply to signs erected on properties in a commercial,
mixed-use, or business park district abutting Hudson Boulevard. located south of 5th
Street and north of I-94. The base of the monument sign shall not exceed the width of the
widest portion of the sign face by more than 25 percent.
b) Location. Ground signs shall be placed with consideration for visibility, access,
maintenance, and safety, consistent with the provisions of paragraph subsection (f)(2) of this
section. Ground signs shall be located beyond required setbacks a distance equal to or greater
than the height of the sign. If this is not possible, ground signs shall be located as far from
required setback lines as possible. In no case shall a ground sign, as defined in this section,
extend beyond a lot line of a property. A ground sign larger than six square feet shall be located
no closer than 100 feet of another ground sign or the furthest distance possible from another
ground sign, whichever distance is shorter.
c) Height.
1. The height of a ground sign shall be measured from the approved grade at the base
of the sign or the elevation of the street upon which the sign faces, whichever is
lower, to the top of the highest attached component of the sign.
2. A ground sign shall be mounted on a base not to exceed four feet in height.
3. Allowable height of a ground sign shall be as set forth in Table 5-3.
4. No ground sign shall be taller than the principal building on the premises to which
it pertains.
c) Landscaping. Perennial plantings, grass or other landscaping features shall be incorporated
around the base of all ground signs.
d) Exempt or special purpose ground signs. The location of and maximum height and
surface area of any other exempt or special-purpose ground sign expressly authorized by
another section of this section, shall be as set forth in such other section.
Table 5-3 Ground Signs
Table 5-3 describes the zoning districts in which ground signs may be displayed, and the
maximum height and area of the signs, as determined by street classification (as
designated in the Lake Elmo comprehensive plan) of the closest street to which each
freestanding sign is located. For ground signs on zoning lots with more than one street
frontage, use the higher street classification to determine the maximum height and area
allowed. Businesses that are located on a road designed to provide safe access to minor
arterials and principal arterials shall be permitted to erect a freestanding sign up to the
determined maximum height and size allowable for a freestanding sign on said minor
arterial or principal arterial road to which it is adjacent.
Table 5-3: Ground Signs
Zoning District Aa, LDR, OP, RE, RS, RRa, RTa MDR, HDR
BP, C, CC,
GB, LC,
VMX
Max. Height/Area (square feet) Max. Height/Area (square feet)
Max.
Height/Area
(square feet)
Local Street - 6'/32 - 10'/40 -
Collector Street 6'/32 10'/50
Minor Arterial 6'/32 10'/64
Principal Arterialb 6'/32b 12'/80b
Notes to Table 5-3:
a Ground signs are only permitted in the A, RR, and RT districts in conjunction with agricultural sales business.
b In lieu of a ground sign meeting underlying zoning requirements, properties located south of 5th Street and north
of I-94 may have one ground sign up to 30 feet in height and up to 250 square feet in size when within 50 feet of the
property line nearest I-94. The base of the sign shall be constructed of materials similar to those used on the
building for which the sign is installed.
3. Window signs.
a) Location. All window signs must be located inside an exterior window unless the sign is
weatherproof and does not pose a danger from falling or being blown by the wind. Lettering
or graphic elements that are directly mounted on a window shall not encroach upon the
frame, mullions, or other supporting features of the glass.
b) Permanent signs. When a sign is painted on or otherwise attached or applied to the window
area in a permanent manner, then such a sign shall be included in the total allowable wall
sign area for the building and shall not exceed 20 percent of the total ground-floor window
area of the building, excluding the door windows. All permanent window signs which have
their lettering or graphic elements directly on the glazing shall be painted, metal leafed,
vinyl transferred, or in some other manner permanently applied to the interior side of the
glass of an exterior building window or door. No application using a temporary adhesive
shall be permitted unless the planning community development director determines the
application to be reasonably safe.
c) Temporary signs. Temporary window Ssigns advertising sales and specials shall not
exceed 30 percent of the total ground-floor window area of any building, excluding the
door windows. Such signs must be displayed in conformance with the temporary sign
regulations listed in paragraph subsection (j) of this section.
d) Limitation. Under no circumstances shall any combination of permanent or temporary
window signage cover more than 50 percent of the total ground floor window area of any
building.
4. Changeable copy signs.
a) Not an additional permitted sign type. Changeable copy signs are not an additional
permitted sign type, but any permitted sign type may be a changeable copy sign, provided
that the total surface area of the entire sign does not exceed the maximum allowed for the
type and location of sign upon which the changeable copy is displayed.
b) Electronic variable message signs. Any sign type may be an electronic variable message
sign subject to the following regulations:
1. Surface area. The areas of electronic variable message signs capable of displaying
copy shall not exceed 40 square feet and shall be included within the maximum
aggregate sign surface area allowed for the type and location of sign upon which
the changeable copy is displayed.
2. Location. Electronic variable message signs are not permitted in the Village
Area.
3. Length of cycle. The electronic changeable copy or images shall not alternate,
change, fade in, fade out, or otherwise change more frequently than once every ten
seconds. Electronic variable message sign signs may not display scrolling, racing,
pixelating or moving characters or images, or similar actions that convey motion.
4. Color. All copy, characters or other changeable images shall be of one color only,
with light copy on a dark background.
4. Brightness adjustment. An electronic variable message sign shall be equipped with
photosensitive equipment which automatically adjusts the brightness and contrast
of the sign in direct relation to the ambient outdoor illumination such that the light
level does not exceed three footcandles at the front lot line and one footcandle at
all other lot lines, measured three feet above the surface of the ground.
5. Maintenance. Any electronic variable message sign shall be maintained so as to be
able to display messages in a complete and legible manner.
5. Canopy and awning signs. The use of canopy and awning signs reduces the maximum area of any
allowed wall sign by half. Canopy and awning signs are subject to the following provisions:
a) Surface area. The sign surface area of a canopy or awning sign shall not exceed 15 percent
of the area of the vertical section of the canopies and awnings. The area of the vertical
section of the canopies and awnings is calculated as the difference between the highest and
lowest point on the canopy or awning multiplied by the length of the canopy or awning
measured parallel to the facade upon which it is attached.. The difference between the
highest and lowest point shall be measured parallel to the facade upon which it is
attached.
b) Location.
1. Canopies and awnings shall be constructed and erected so that the lowest portion
of the projecting frame thereof shall be not less than nine feet, and the lowest
portion of the descending skirt shirt shall be not less than eight feet above the level
of the sidewalk or public thoroughfare.
2. No portion of the canopy or awning sign shall extend above or beyond the canopy
or awning upon which it is attached. However, a sign may be hung beneath a canopy
parallel to the building frontage so long as it and its structural components are no
less than eight feet above the ground immediately beneath the sign.
3. Awnings shall not project more than 72 inches out from the building upon which
they are attached, nor extend out from the building beyond the extension of the
awnings on adjoining buildings.
c) Installation requirements. To preserve the architectural integrity of a building, no canopy
or awning, and no canopy or awning sign, shall cover or interrupt significant architectural
elements such as columns, column caps, friezes, door or window heads, embellishments,
adornments, fenestrations or ornamental detailing.
d) Illumination. Signs on A awnings and canopies may be illuminated where the following
conditions are maintained:
1. Both interior type strip lighting and exterior type gooseneck lighting is permitted,
not exceeding a maximum light level of 18 footcandles measured three feet from
the perpendicular to the light source.
2. The bottom of any illuminated awning or canopy shall be enclosed.
3. The provisions of paragraph subsection (f)(7) of this section are satisfied.
e) Materials. Canopy and awning signs shall be made of either the material with which the
canopy or awning is covered or other waterproof materials affixed flush to the face of the
canopy or awning, or be painted directly on the awning or canopy material with weather-
resistant paint.
f) Snow load. It is found that snow and ice that accumulates on awnings can pose a danger to
pedestrians. To ensure the safety of pedestrians, snow and ice shall be removed from
awnings within a reasonable time period after an event of snow and ice accumulation.
6. Hanging signs. One sign up to six square feet in area may be suspended above a walkway near a
primary building entrance so long as it and its structural components are no less than eight feet
above the ground immediately beneath the sign. When a hanging sign is displayed in lieu of a
ground or projecting sign, the square footage shall not count towards the maximum
allowable area for a wall sign.
7. Projecting signs. A projecting sign may be displayed in lieu of a wall sign and subject to the
following restrictions:
a) Maximum projection. The maximum distance a projecting sign may project is not more
than 24 inches into the right-of-way. Subject to zoning setback limitations, a projecting
sign may project no more than six feet from the building face.
b) Location. A building may have one projecting sign facing a street or on a corner of the
building.
c) Surface area. The permitted area of a projecting sign shall not exceed the square footage
for the amount that would otherwise be allowed for a wall sign on the building. When a
projecting sign, not exceeding six square feet, is displayed in lieu of a ground sign, the
square footage shall not count towards the maximum allowable area for a wall sign.
d) Height. A projecting sign must vertically clear any pedestrian area by at least eight feet and
vehicular ways by at least 14 feet. A projecting sign may extend to the juncture of the roof
with the building wall or to the top of any parapet, but no projecting sign may extend above
a second story.
8. Directional signs. On-premises directional signs may be placed on private property near driveway
entrances, at building entrances, and in parking lots and loading areas where reasonably necessary.
Each such sign shall be located on premises and shall adhere to the regulations pertaining to vision
triangles and other setbacks as defined in subsection (f)(2) of this section. Such signage shall be
considered exempt from the total signage calculation for the premises as long as all the following
standards are met:
a) Such signage does not serve an additional advertising purpose.
b) There are no more than three four directional signs per lot, not including a maximum of
one directional sign allowed per driveway entrance/exit.
c) Surface area per sign does not exceed four square feet.
d) Logos do not exceed two square feet in area per sign.
e) Sign height does not exceed five feet above ground elevation at base of sign.
9. Flags and decorative banners. The following regulations apply to all flags and decorative banners:
a) A minimum clearance of eight feet over pedestrian ways and 14 feet over vehicular areas.
b) Maximum number of flagpoles for any lot is three.
c) Maximum height of any flagpole is 50 feet.
d) Maximum number of flags per lot is four.
e) Maximum area of any flag shall be 40 square feet.
f) Flags representing a private entity, including corporate or business flags, shall be included
within the maximum sign area total for the site, as applied to the allowance for a ground
sign, and shall require a sign permit.
i) Comprehensive sign plans.
1. Purpose. Multi-tenant developments such as shopping malls, due to the varying occupants’ needs
for signage and the potential for unique architecture and placement of different occupancies as
they relate to street frontages, can create challenges to the applicability of sign regulations and the
fair distribution of permitted square footage for occupants. This section is intended to define how
signage permitted under this Section Code will be distributed among the different occupancies
available in the development. The comprehensive sign plan shall create visual harmony between
the signs, buildings, and building site through unique and exceptional use of materials, design,
color, and lighting, and other design elements; and shall result in signs of appropriate scale and
character to the uses and buildings on the lot as well as adjacent buildings, structures and uses.
2. Applicability. A comprehensive sign plan shall be required of an applicant for all planned unit
developments and commercial or industrial multi-tenant developments where different
occupancies will compete for permitted square footage on a single lot.
3. Submission requirements. An application for comprehensive sign plan approval shall be submitted
to the planning community development director and shall include:
a) A site plan, dimensioned, showing the location of the buildings, structures, parking areas,
driveways, and landscaped areas on the lot upon which the proposed sign is to be attached
or erected.
b) A table or tables containing:
1. Computation of the maximum total sign area.
2. Maximum area for individual signs.
3. Height and number of ground signs.
4. Statement of the maximum total sign area and maximum number of signs permitted
on the site by this section.
c) An accurate indication on the site plan of the location and orientation of each sign for which
a permit is currently being requested, the anticipated location of future signs requiring a
permit, and the location of all reasonably anticipated temporary signs.
d) A description and illustration of the following may be required:
1. Colors and materials to be used in sign construction.
2. Style of lettering for all signs.
3. Appearance/location of logos or icons.
4. Location of each sign on the buildings, with building elevations if necessary.
5. All sign proportions.
6. Types of illumination.
4. Amendment. A comprehensive sign plan may be amended by filing a new comprehensive sign
plan, in conformance with the requirements of the sign ordinance in effect at the time, and
obtaining approval of the planning community development director.
5. Binding effect.
a) After approval of a comprehensive sign plan, no permanent sign shall be erected, placed,
painted, or maintained by the property owner or any buyer, tenant, occupant, subtenant,
assignee, employee, agent or other party in use of the subject property except in
conformance with such plan without obtaining a sign permit and in conformance with the
comprehensive sign plan.
b) If the city council has approved a comprehensive sign plan with flexible criteria, the
planning community development director is authorized to approve, through the standard
sign permit approval process, sign applications in conformance with the comprehensive
sign plan, but only to the extent that the application is in conformance with the
comprehensive sign plan.
c) The terms and conditions of an approved comprehensive sign plan shall have the same
force and effect and be enforced in the same manner as any other provision of this section.
j) Temporary signs.
1. General requirements. Temporary signs shall conform to the following standards:
a) Permit required. No temporary sign may be displayed without a valid temporary sign
permit or portable sign permit.
b) Sign type. Temporary signs may include any sign type permitted by this section.
c) Number. No more than two temporary signs may be displayed on a lot at any time.
d) Surface area. The maximum area of all temporary signs displayed shall be a combined
total of eight square feet if displayed for ten days or longer.
e) Location. Temporary signs shall be located only upon the premises to which the special,
unique, or limited activity, service product, sale, or event is to occur. No temporary sign
may be placed off-premises except as otherwise provided elsewhere in this section.
f) Duration. No temporary sign permit shall be issued to erect or maintain any temporary
signage for a period exceeding 21 days, or to be displayed three days after termination of
the activity, service, project, sale, or event to which the sign pertains, whichever comes
first. A permit for temporary sign or signs shall be granted no more than four times in any
calendar year and only once every three months.
g) Installation requirements. All temporary signs shall be constructed, anchored and
supported in a manner which reasonably prevents the possibility of such signs becoming
hazards to the public health and safety as determined by the planning community
development director.
2. Business opening signs.
a) Permit required. A permit shall be issued before a business opening sign may be erected.
The permit may not be renewed.
b) Type of sign and location. A business opening sign may be a wall sign, projecting sign, or
ground sign. A business opening sign may be displayed in addition to, in lieu of, or affixed
to a permanent sign. A banner may be used as a business opening sign.
c) Size. The size of a business opening sign shall be determined by the type of sign chosen,
and shall be limited to the maximum size allowed for a permanent sign of that type at the
location.
d) Illumination. A business opening sign may be illuminated subject to subsection (f)(7) of
this section.
e) Duration. A business opening sign may be displayed for a period not to exceed 30 days
from the date the business opened, changed names, or changed ownership.
2. Portable signs. In addition to the general requirements pertaining to temporary signs, the following
standards pertain to portable signs:
a) Permit required. A sign permit shall be issued on an annual basis before a stationary
portable sign may be erected. Such permit shall only be valid during the calendar year
during which it is issued.
b) Construction. A sign shall be manufactured to a professional standard of construction,
finish and graphics. A portable sign shall be freestanding, self-supported and constructed
of substantial materials such as wood, metal or plastic such that the sign will reasonably
withstand the elements.
c) Size and design regulations.
1. A portable sign shall not exceed six square feet in surface area per side, with a
maximum of two signable sides or faces.
2. The sign shall not exceed three feet measured at the widest point of the sign face.
3. Any portion of the sign's face used for a chalk or dry-erase board shall not exceed
50 percent of the total sign face surface area.
d) Number. One portable sign may be displayed per business or occupant in any commercial
or industrial area or planned unit development.
e) Location. A portable sign is restricted to the lot of the business establishment to which a
permit has been issued, except such a sign may be located in the public right-of-way in
front of the premises only where no front setback is required.
f) Placement. A portable sign shall:
1. Be placed only along sidewalks where a minimum five-foot-wide clear sidewalk is
maintained. In no event shall a portable sign be placed on any bicycle path. The
placement, of a portable sign shall not obstruct access to any crosswalk, mailbox,
curb cut, fire hydrant, fire escape, fire door, building entrance, public parking space
or any other public property, nor shall a sign obstruct the ability of persons to
exit/enter vehicles parked along the curb;
2. Not be attached, chained or in any manner affixed to public property including
street trees, utility poles or sign posts;
3. Not obstruct the clear view of any traffic signal, regulatory sign or street sign;
4. Not be located closer than ten feet to any other portable sign;
5. Not be located directly adjacent to a bus stop or transit vehicle stop or station, shall
not obstruct sight lines of road users, nor be placed less than 25 feet from a street
intersection or 15 feet from a crosswalk;
6. Not be placed in such a way as to interfere with snowplowing of the streets;
7. Be maintained free of snow, be placed on solid ground at all times and shall not be
placed on top of snow banks.
g) Illumination. A portable sign shall not be illuminated.
h) Time limitations and removal. A portable sign may be displayed only during business
hours. Such sign must be removed and safely stored out of view during times when the
business is not open to the public. Trailers or other vehicles that are not used principally as
a sign may be parked on the lot when the business is not open to the public.
i) Enforcement. Portable signs located within the public right-of-way are a privilege and not
a right. The city in permitting placement of such signs in the public right-of-way reserves
the right to require their removal at any time because of anticipated or unanticipated
problems or conflicts. To the extent possible, the permittee shall be given prior notice of
any time period during which, or location at which, the placement of portable signs within
the public right-of-way is prohibited. Furthermore, the sign permit may be revoked by the
planning community development director following notice to the permittee. The permit
may be revoked if one or more conditions outlined in this section have been violated, or if
the sign is determined to constitute a public nuisance not specifically outlined in this
section. Following the revocation of the sign permit, no application for the same site shall
be filed within 180 days from the date of revocation. The permittee has a right to appeal
the decision of the planning community development director within 30 days of issuance
of a revocation notice pursuant to paragraph subsection (n)(2) of this section.
j) Indemnification. Where a temporary or a, portable sign is permitted in the public right-of-
way, the owner, lessee or lessor of the business to which a permit has been issued and the
property owner shall agree in writing to fully indemnify, defend, and hold the city harmless
for any personal injury or property damage resulting from the existence or operation of
said sign, and shall furnish evidence of general liability insurance in the amount of
$1,500,000 $50,000.00 with the city as additional named insured or provide other security
to the satisfaction of the city administrator.
k) Permit renewal. The permit for a portable sign must be renewed annually prior to January
1 of each year.
k) Signs exempt from permit. Consistent with the purpose and scope of this section, the city recognizes that
certain temporary, necessary, or limited-purpose signs should be lawfully displayed without the need to
obtain a permit and should not count as part of the specific sign area allowed to be displayed on a particular
property. All signs exempt from permit requirements must, nonetheless, adhere to all other applicable
sections of this section and all other applicable state and federal regulations. The city finds that the
following signs may be displayed without a permit:
1. Address and nameplates. Address and name plates not exceeding three square feet in area.
2. Athletic field signage. Signs, banners, and scoreboards designed solely for view from spectator
areas and displayed on interior walls, fences, or other structures located inside an enclosed athletic
field at a school, park, or other public or private athletic complex. Approval of the park commission
shall be required to display a sign, banner, or scoreboard under this subsection at a city park.
3. Awning signage. Signs displayed on awnings located on commercial or industrial buildings,
provided that the signs are displayed on the lowest 12 inches of the principal face or side panels
of awnings and, provided that they do not exceed six inches in height.
4. City signs on city property. City signs on city property not exceeding 32 square feet in area.
4. Construction Ssigns on construction sites. Such signs may only be placed on the property where
construction work is in progress, shall not be erected prior to the beginning of work for which a
valid building permit has been issued, and shall be removed within ten days of completion of work
or the expiration of the building permit, whichever is sooner. Construction sSigns on parcels under
construction in residential zones or in parks uses shall not exceed 32 square feet per street
frontage. Construction s Sign on parcels under construction in area for commercial, industrial,
multifamily, or planned unit development uses on parcels less than 100,000 square feet shall not
exceed 64 square feet per street frontage; and on parcels greater than 100,000 square feet shall not
exceed 96 square feet per street frontage. Square footage must be divided.
5. Flags. Flags that comply with the provisions of subsection (h)(9) of this section.
6. Garage sale and estate sale Temporary signs during a garage or estate sale. Signs on properties
having a garage or an estate sale advertising a garage sale shall not exceed four square feet in
rea, shall not be displayed for a period of time more than 72 consecutive hours and may be
displayed no more than twice in any one calendar year. Up to three residential garage sale signs
may be displayed per event, two of which may be displayed off-premises, but not in the public
right-of-way. Any such sign placed on private property must have the consent of the property
owner on whose property such sign is displayed.
7. Government signs, including traffic or official public hearing notice signs. Such signs are placed,
authorized, or required by the city or other authorized governmental agency. The requirements for
maximum area, height, setback, or other size, materials or physical specifications shall be as
required by law or the authorizing agency.
8. Holiday and temporary decorations. Holiday or temporary decorations when located on private
property, or with the approval of the city if on public property. In addition, any sign in the nature
of a decoration, identification or direction, incidentally and customarily associated with any
national or religious holiday or any civic festival, fair or similar gathering, held during a period of
ten days or less in any year, provided such sign shall not differ substantially from the requirements
set forth in this section. Such decorations may not contain any commercial message or logo or
depict any commercial symbol or character.
9. Home occupation sSigns on properties with a home occupation. One sSigns on a property with
a home occupation is permitted. identifying only the name and occupation of the resident. Home
occupation signs The sign shall be non-illuminated, flush-mounted to a wall of the residence, and
shall not exceed two square feet in area.
10. Memorial signs. Any noncommercial sign in the nature of a cornerstone, commemorative, or
historical tablet or landmark designation plaque.
11. Menu signs. Menu signs up to 55 square feet in area and six feet in height, provided they are located
within 15 feet of the commercial building with which they are associated or advertise and in a
manner such that the copy is not readily viewable from the public right-of-way or a residential
occupancy on an adjacent lot.
12. Noncommercial messages. One sign per parcel per street frontage carrying any lawful
noncommercial message not exceeding 12 square feet in area. Any other permitted commercial
sign may be substituted for a noncommercial message but will count toward the total signage type
and area for the parcel upon which it is located. Hand-held signs carrying noncommercial messages
are not subject to any size limitation so long as they are held by and under the physical control of
a person during all times they are on display.
13. Parking lot regulation signs. Parking sSigns in parking lots not exceeding nine square feet and
having a minimum setback of ten feet.
14. Parking lot directional signs. Parking lot sSigns must comply with the provisions of subsection
(h)(8) of this section.
15. Parking lot traffic signs. Parking lot traffic signs shall be as required by law.
15. Political and election campaign signs Signs authorized by Minnesota Statutes Section 211B.045.
Signs containing a political message and displayed during an election campaign period are allowed
in addition to the noncommercial message sign under subsection (k)(13) of this section during the
election campaign period, however, after ten days has passed from the election date, such sign may
continue to be displayed, but will count as the allowed noncommercial message sign under
subsection (k)(13) of this section. Political and election campaign signs may also substitute for any
commercial message sign in the same manner. Unless substituted for another permitted sign, such
signs shall not have any electrical component. Such signs shall not have a mechanical or audio
auxiliary component, and shall not be attached to or placed on utility poles, trees, traffic devices,
or within the public rights-of-way.
16. Real estate sSigns on residential properties that are for sale or rent advertising residential
properties. Signs located on these premises may not be placed above the top of the lowest level of
the building. All signs authorized under this subsection shall be removed within ten days of the
sale or rental of the residential units being advertised.
a) For lots for sale or rental containing less than four dwelling units within one residential
structure, one non-illuminated sign up to six square feet per unit may be displayed to
advertise the sale or rental of the premises or any part thereof.
b) For lots for sale or rental where at least four but less than 16 dwelling units are contained
within one residential structure, one non-illuminated real estate sign up to 12 square feet
may be displayed to advertise the sale or rental of the premises or any part thereof.
c) For lots for sale or rental where 16 or more dwelling units are contained within one
residential structure, one non-illuminated real estate sign up to 32 square feet may be
displayed to advertise the sale or rental of the premises or any part thereof.
d) Up to two directional signs directing traffic to open houses, each sign no more than six
square feet in area, may be installed off property after obtaining the consent of the property
owner on whose property such sign is to be displayed. These signs may not be located in
the public right-of-way. These off-premises property directional signs may be displayed
only during the hours that the advertised activity is to take place, and they must be a self-
supporting type of sign.
17. Real estate sSigns on advertising single occupant commercial property that is for sale or rental.
For lots that are for sale or rent that are less than five acres, one non-illuminated real estate sign
up to 12 square feet in area may be displayed. For larger lots that are for sale or rent, one non-
illuminated real estate sign up to 32 square feet in area may be displayed. All signs authorized
under this subsection shall be removed within ten days of the sale or rental of the commercial unit
being advertised.
18. Real estate sSigns on nonresidential grouped development or multi-tenant buildings advertising
nonresidential grouped development or multi-tenant buildings. For each property containing a
group development or multi-tenant building containing nonresidential land uses, a maximum of
two signs, one per each nonresidential street frontage, may be displayed up to a maximum of 32
square feet in area.
19. Real estate sSubdivision signs. For each real estate subdivision that has been approved in
accordance with the city subdivision regulations, a maximum of two temporary development
project identification signs may be located on a some portion of the subject subdivision. Each such
sign shall be not more than 32 square feet in area. One additional similar sign shall be permitted
for each 100 lots in the subdivision in excess of 100 lots. These signs may be displayed until a
time at which building permits have been issued for 80 percent of the lots in the subdivision. Signs
advertising sale or lease after such time shall conform to the requirements of subsection (k)(18) of
this section.
20. Temporary notices. Leaflet-type notices flat-mounted to kiosks or public information boards.
21. Utility company signs. Signs that serve as an aid to public safety or that show the location of
facilities such as public telephones and underground cables only to the extent necessary to
accomplish those goals.
22. Window signs, temporary. Signs and displays that are of a temporary nature such as for advertising
sales and specials and that do not cover more than 30 percent of the total ground-floor window
area of any building, excluding the door windows. Merchandise and pictures or models of products
or services incorporated in a window display are not considered signs. Any sign placed on the
outside of a window requires a sign permit unless the sign is weatherproof and does not pose a
danger from falling or being blown by the wind.
23. Window or wall signs not readable off-premises. Window or wall signs not exceeding two square
feet in area with lettering not exceeding three inches high designed to provide information to
persons on the premises such as hours of operation, or sample restaurant menu. Where no front
yard setback exists, such signs as would generally be unreadable off premises where minimum
setback regulations apply shall qualify for this exemption notwithstanding that such signs are
readable from the public right-of-way. Such signs shall not be counted toward total permitted
signage.
24. Signs on vehicles. Signs of any size on vehicles traveling to or lawfully parked on an
operating and insured vehicles, construction trailers or equipment which are temporarily
parked on a permitted construction site, or primary business location.
l) Prohibited signs. The following signs are expressly prohibited in the city:
1. Abandoned signs or signs on vacated or abandoned buildings.
2. Off-premises signs, except as expressly allowed under this section.
3. Inflatable signs.
a) Rationale. Inflatable signs shall be prohibited because they are generally more distracting
and hazardous to pedestrian traffic safety, tend to have an anchoring device that is less
reliable under wind pressure, and out of scale and less compatible with surrounding
structures and signs.
b) The following inflatable devices shall not be considered a sign:
1. Registered hot air balloons in use and momentarily moored but not being used
primarily as a sign.
2. Novelty type balloons less than two feet in diameter and less than three feet in any
dimension tethered or moored no more than ten feet above the ground.
3. Inflatable holiday or other decorations displayed temporarily on private property,
that do not contain any commercial message or logo or depict any commercial
symbol or character, and that do not exceed 15 feet in height.
4. Signs attached to any public utility pole or structure, street tree, fence, fire hydrant, bridge, curb,
sidewalk, park bench, or other location on public property except as otherwise expressly permitted
under this section.
5. Signs that interfere with the safe operation of official traffic control devices.
6. Signs that emit sound.
7. Signs anchored by guy wires, chains, cables, or similar devices that project down to the
ground or in any way which create an unsafe condition for pedestrians or motorists.
8. Signs placed on vehicles or trailers which are parked or located for the primary purpose of
displaying said signs (this does not apply to permitted portable signs or lettering on buses,
taxis, or vehicles operating during the normal course of business).
9. Signs imitating or resembling official traffic or public safety signs or signals in shape, size,
or color.
10. Billboards.
11. Roof signs.
12. Beacons, unless authorized for use by the city or any other governmental entity in the exercise of
official government business and authority.
m) Legal nonconforming signs. Any legal nonconforming sign may continue to be displayed or replaced
consistent with LEC 105.12.340 through LEC 105.12.350.
n) Variances and appeals.
1. Variances. It is recognized that circumstances may exist from time to time where strict application
of the size, location and type of sign standards hereinafter specified for the various zoning districts
may be unreasonable or where literal enforcement of the regulations may work an unnecessary
hardship on the applicant. Variations from the standards are, therefore, permitted by issuance of a
variance by the city council upon recommendation of the planning commission that such
extenuating circumstances exist. Variances shall be considered according to the provisions of LEC
105.12.320.
2. Appeals. An applicant may appeal any decision of the planning community development director
to the board of adjustment and appeals according to the provisions of LEC 3.08.100.
o) Violations.
1. It shall be unlawful and a violation of this section for any person to maintain any prohibited sign,
to perform or order the performance of any act prohibited by this section, or to fail to perform any
act which is required by the provisions of this section. In the case of any such violation, each 24-
hour period in which such violation exists shall constitute a separate violation.
2. Any and all signs, erected, altered, or maintained in violation of this section, or any of the clauses
and provisions of the same, or in violation of any of the laws or ordinances of the city and/or the
state, are, and each of them is declared to be, a public nuisance and subject to enforcement. Any
such signs are erected, altered or maintained contrary to law shall be abated as a common nuisance
by the planning community development director.
p) Penalty. Any person who shall fail to comply with any of the provisions of this section shall be subject to
a penalty as prescribed by LEC 1.04.230.
q) Enforcement.
1. If the planning community development director or building official finds that any sign has been
erected, altered, or is being maintained in violation of this section, or is in an unsafe condition as
to be a menace to the safety, health, or welfare of the public, he they shall give written notice to
the owner thereof of the person entitled to possession of the sign and the owner of the real estate
upon which the sign is located. No notice shall be required for permitted temporary signs displayed
in violation of time limitations prior to taking enforcement action.
2. Said letter shall notify the owner, or person entitled to possession of the sign, of the specific
violation or violations and direct that alterations, repairs or removal, whichever may be applicable,
be made to bring said violations in conformance with the terms and conditions of this section.
3. In the event the person so notified fails or neglects to comply with or conform to the requirements
of such notice, the planning community development director or building official may file an
appropriate citation or complaint in an appropriate court of law or take whatever other legal action
may be necessary to cause such sign to be altered or removed. If a sign is considered abandoned,
the city, after notice, may remove such sign at the cost of the owner of the property upon which
the sign sits. An invoice for such costs shall be sent to the property owner and, if not paid, shall be
placed on the tax roll as a special charge pursuant to M.S.A. § 429.061.certified to the county for
collection with the property taxes.
r) Severability. If any section subsection, sentence, clause, or phrase of this Section is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Section. The City Council hereby declares that it would have adopted this Section in each section,
subsection, sentence, or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared invalid.
SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and
publication in the official newspaper of the City of Lake Elmo.
SECTION 3. Adoption Date. This Ordinance 2024-13 was adopted on this 7th day of August, 2024 by a
vote of __ Ayes and ___Nays.
LAKE ELMO CITY COUNCIL
_________________________________
Charles Cadenhead, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
This Ordinance 2024-13 was published on the ____ day of ___________________, 2024.
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2024-087
RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE
2024-13
WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2024-13, an ordinance that amends
Title 105 Zoning; Chapter 105.12: Zoning Code, 105.12.430 Sign Regulations
WHEREAS, the ordinance is lengthy; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary
in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the City Council believes that the following summary would clearly inform the public
of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City
Clerk shall cause the following summary of Ordinance No. 2024-13 to be published in the official newspaper
in lieu of the entire ordinance:
Public Notice
The City Council of the City of Lake Elmo has adopted Ordinance No. 2024-13, an ordinance that amends
the City Code language related to the Zoning Code, Sign Regulations. This ordinance alters language in
the City Code to update regulations, create signage subdistricts, and correct conflicting or outdated
references. The following is a summary of the adopted ordinance language:
Ordinance 2024-13 includes the following elements to amend Title 105 Zoning; Chapter 105.12: Zoning
Code, 105.12.430 Sign Regulations.
1. Creating a content neutral sign code
2. Update regulations and create signage subdistricts
3. Correct conflicting or outdated references
The full text of Ordinance 2024-13 is available for inspection at Lake Elmo City Offices during regular
business hours.
BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator
keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed
in a public location within the City.
Dated: August 7, 2024
___________________________________
Charles Cadenhead, Mayor
ATTEST:
____________________________________
Julie Johnson, City Clerk
(SEAL)