ORDINANCE NO. 150, SIXTH SERIES, CITY OF FERGUS FALLSPublished 7:58am Thursday, July 18, 2013
(First Publication July 5, 2013)
ORDINANCE NO. 150, SIXTH SERIES
AN ORDINANCE OF THE CITY OF FERGUS FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 7.40 ENTITLED SIGN REGULATIONS AND, BY ADDING BY REFERENCE, CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY OF FERGUS FALLS DOES ORDAIN:
Section 1. City Code Chapter 7.40(F)(12) is hereby amended so as to read as follows:
(12) Temporary signs. All signs, hereafter erected or maintained shall conform with the provisions of this division.
(a) Defined. “Temporary signs” are those signs which identify a special, unique or limited activity, service, product or sale of limited duration and are those signs that are not affixed to a permanent structure and are removed immediately after the event it is advertising, such as a grand opening, sale, lease, or real estate. Includes but not limited to banner signs, hanging metal signs freestanding changeable text signs, signs affixed to a vehicle or trailer or any other similar sign as determined by the zoning administrator.
(b) Permit required. It is unlawful for any person to place, erect, construct, or locate a temporary sign within the City without first obtaining an annual permit for said sign. Failure to obtain a temporary sign permit prior to sign placement shall result in a double permit fee. Permit fee shall be set by the City Council and will be reviewed annually.
1. There shall be up to seven sign placements allowed per legal parcel within one calendar year.
2. An annual temporary sign permit (per sign) $50.00 will be required by the sign owner/operator.
3. A temporary sign may be erected and maintained for a period of not more than thirty (30) days and shall be removed within three (3) days of the cessation of the activity, service, project or sale.
4. Signs shall be anchored or temporarily affixed in a manner to prevent being blown away or blown over.
5. A sign shall not be larger than 40 square feet in gross service area for each exposed face area, nor more than six feet in height above grade.
6. Temporary signs shall not be permitted in any class of residential district.
a. Except real estate signs for the purpose of leasing or selling the property/building it is placed at and contractor signs placed at the site of an active construction project. For further exceptions see (10).
7. A temporary sign is to be located in the front yard of the lot and shall not extend over any property line or be placed within fifteen (15) feet of any driveway access to a public street. No temporary sign placed within one hundred (100) feet of an area zoned for residential use, described as R-A, R-1, R-2, R-3 and R-4 may have blinking, flashing, rotating or fluttering lights or other illuminating device that has a change in intensity, brightness or color.
8. A temporary sign shall not be placed on or affixed to a vehicle or trailer which is parked on a public right of way or public property or private property, where the sign causes the allowable square footage to be exceeded (zone specific), where the apparent sole purpose is to advertise a product or direct people to a business or activity located on the same or any other property.
9. The City must grant permission (no permit required) to install any banner (unless the banner is to be installed for less than twenty-four (24) hours). Banners may not be installed on a property if the banner causes other allowable square footage of signage to be exceeded (zone specific). Banners are allowed to be installed on a property for a maximum of two (2) weeks and must be removed within three (3) days of cessation of the event. The banner must be placed on private property with the property owner’s consent.
10. If the City has determined that a temporary sign is for a community-wide event, a non-profit event, or a business use conditionally allowed in a residential zone, a temporary sign that has been issued a permit may be placed for a maximum of two (2) weeks and must be removed within three (3) days of cessation of the event. The sign must be placed on private property with the property owner’s consent.
a. Temporary signs, having been issued a permit, advertising a community-wide event, or sponsored by a non-profit agency may be located in the Van Dyk and Triangle Parks. No more than two (2) signs will be permitted at either park at any one time. Such temporary signs may be located for a maximum of fourteen (14) days and must be removed with three (3) days of cessation of event, permission required.
11. No Temporary sign may be placed upon or project into the public right of way.
a. Except: By permission from the City (no permit is required) sandwich type or sidewalk signs may be placed in front of a business located in a B-3 (General Business District). Placement must be at least six (6) feet out from the building where the advertised event is occurring. Size may not exceed 6 (six) square feet per side. Signs must be temporarily affixed or anchored in a manner to prevent them from blown away or blown over. Signs must be brought into the place of business at the close of the business day.
12. All temporary signs must be kept in good repair and in a proper state of maintenance. Including, but not limited to replacing lamps, replacing or repairing the sign face, replacing the trim, etc. If the City determines a sign is in significant need of repair, the City may after thirty (30) day of written notification, revoke the annual permit of that sign until it is repaired.
13. Signs which have been placed within any portion of any right of way may be confiscated after a five (5) business day written notification by any City employee or agent under the direction of the City Zoning Administrator. Signs may be recovered by the owner upon payment of a fine (double permit fee as set by the City Council).
a. Except: A conditional use permit request may be made if extenuating circumstances exist and the issue is referred to the Planning Commission for review. Circumstances may include extra wide right of way, blockage of view of sign, blockage of view of all types of traffic, and construction obstructions. Concerns about approval may include utility interference, safety hazards, health hazards and obstruction of traffic views. Conditions would include that the permit is not permanent and the sign will be removed upon thirty (30) day notice.
14. The erection of temporary signs shall be exempt from the requirements (Licensed Sign Hanger) of City code section 4.26 as amended.
Section 2. City Code Chapter 1 entitled “General Provisions” including penalty for violation is hereby adopted in its entirety, by reference, as though repeated verbatim herein.
Section 3. Effective date. The effective date of this ordinance shall be the 20th day of July, 2013.
THIS ORDINANCE was introduced on the 17th day of June, 2013, and adopted by the City Council of the City of Fergus Falls, Minnesota, on the 1st day of July, 2013, by the following vote:
AYES: S Synstelien, Schierer, Rachels, Fish, Cichosz, R Synstelien, Hicks
Mark Sievert Hal Leland
City Administrator Mayor
Published in the Fergus Falls Daily Journal on July 5, 2013.