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CONSTRUCTION LICENSING, PERMITS AND REGULATIONSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780
5.01: BUILDING CODE:
5.02: BUILDING PERMITS REQUIRED:
5.03: FEES:
5.04: PERMITS AND SPECIAL REQUIREMENTS FOR MOVING BUILDINGS:
5.05: MAINTENANCE OF EXTERIOR OF ALL STRUCTURES (REP. BY ORD. 74, 6TH SERIES, EFF. 5-4-2015):
5.06: DEMOLITION IN HISTORIC AREAS OR OF HISTORIC PROPERTIES:
5.07 - 5.19: RESERVED:
5.20: HOUSING CODE:
5.21 - 5.29: RESERVED:
5.30: SIGN REGULATIONS:
5.31: SIGN REGULATIONS, HISTORIC AREAS (REP. BY ORD. 42, 6TH SERIES, EFF. 7-2-2012):
5.32: SIGN REGULATIONS, NONHISTORIC ZONING DISTRICTS (REP. BY ORD. 42, 6TH SERIES, EFF. 7-2-2012):
5.33: ADVERTISING BENCHES, NONHISTORIC AREAS:
5.34 - 5.39: RESERVED:
5.40: SWIMMING POOL MAINTENANCE REGULATIONS:
5.41 - 5.98: RESERVED:
5.99: VIOLATION A MISDEMEANOR:

The section below has been affected by a recently passed ordinance, 100 - SIGN REGULATIONS. Go to new ordinance.

5.01: BUILDING CODE: linklink


A. Code Adopted By Reference: The Minnesota building code, as adopted by the commissioner of labor and industry, pursuant to Minnesota statutes chapter 326B, including all amendments, rules and regulations established, adopted and published from time to time by the Minnesota commissioner of labor and industry, through the building codes and standards unit, is hereby adopted by reference with the exception of the optional chapters unless specifically adopted in this section. The Minnesota state building code is hereby incorporated in this section as if fully set out herein.


B. Application, Administration And Enforcement: The application, administration and enforcement of the code shall be in accordance with the Minnesota state building code. The code shall be enforced within the extraterritorial limits permitted by Minnesota statutes chapter 326B.121, subdivision 2(d), when so established by this section.

The code enforcement agency of this municipality is called the building department. This code shall be enforced by the Minnesota certified building official designated by this city of Little Falls to administer the code under Minnesota statutes chapter 326B.133, subdivision 1.


C. Permits And Fees: The issuance of permits and the collection of fees shall be as authorized in Minnesota rules chapter 1300. Permit fees shall be assessed for work governed by this code in such amounts as the city council may set by resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statutes chapter 326B.148.

1. Fees For Work Without Permit: If work for which a permit is required per section 5.02 of this chapter has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee shall be collected and is in addition to the required permit fees, but it may not exceed the permit fee.

2. Refunds: The building official may authorize refunding of fees paid for a building permit if the permit's scope of work has not commenced prior to the refund, based on the following guidelines:

a. No refund can be made for maintaining permits for roofing, siding, windows, doors, or other minor projects that are charged a fixed fee.

b. Not more than seventy five percent (75%) of the permit fee paid will be refunded when no work has been done under a permit issued in accordance with the Minnesota state building code. The plan review fee will not be refunded after the building official has completed the plan review.

c. Not more than ninety percent (90%) of a plan review fee paid will be refunded when an application for permit is withdrawn or canceled before any plan review is started.

d. State surcharge fees will not be refunded.

e. Refunds may be authorized by the building official upon written application filed by the original applicant no later than one hundred eighty (180) days after the date of the payment.

3. Expired Permits: Every permit issued shall become invalid unless the work authorized by the permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized by the permit is suspended or abandoned for a period of one hundred eighty (180) days after the time work is commenced. Before work can be continued on any expired permit, a new permit shall first be obtained, based on the following guidelines:

a. All permit renewals ("reactivation" and "reissues") will be charged one hundred percent (100%) of the surcharge fees and shall use the current fee schedule to calculate surcharge fees.

b. Renewal is fifty percent (50%) of the building permit portion of the fee, provided no changes have been made or will be made in the original approved construction documents. This includes plumbing and mechanical portions of the building permit.

c. Plan review submittals can be renewed ("reactivated") at twenty five percent (25%) of the fee.

d. When only a final inspection remains on an expired permit and the permit applicant provides a written justification, the building official may further reduce permit renewal ("reissue") fee to twenty five percent (25%) of the building permit portion of the fee and no plan review fee.

e. The renewed building permit has the same duration limits of expiration as the original building permit.


D. Organization And Enforcement: The organization of the building department and enforcement of the code is established by subsection 2.03A and section 1.03 of this code. (Ord. 18, 6th Series, eff. 11-16-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042125
5.02: BUILDING PERMITS REQUIRED: linklink

It is unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure, or any part or portion thereof, including, but not limited to, the plumbing, electrical, ventilating, heating or air conditioning systems therein, or cause the same to be done, without first obtaining a separate building or mechanical permit for each such building, structure or mechanical components from the city. (Ord. 134, 2nd Series, eff. 10-29-1984)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042126
5.03: FEES: linklink


A. Permits, Inspection And Fees: Permits, inspections and collection of fees shall be as provided in chapter 3 of the uniform building code, 1997 edition, except as amended by rule 1305.0800. Fees for permits under this chapter shall be determined by the council and fixed by its resolution, a copy of which shall be in the office of the city administrator and uniformly enforced.


B. Surcharge: In addition to the permit fees required by subsection A of this section, the applicant shall pay a surcharge to be remitted to the Minnesota department of administration as prescribed by Minnesota statutes section 16B.70. (Ord. 41, 5th Series, eff. 12-3-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042127
5.04: PERMITS AND SPECIAL REQUIREMENTS FOR MOVING BUILDINGS: linklink


A. Definition: "Street" or "streets", as used in this section, means all streets and highways in the city which are not state trunk highways, county state aid highways or county roads.


B. Moving Permit Required And Application:

1. It is unlawful for any person to move a building on any street without a moving permit from the city.

2. The application for a moving permit shall state the approximate size and weight of the structure or building proposed to be moved, together with the places from and to which it is proposed to move the same, and proposed route to be followed, proposed dates and times of moving and parking, and the name and address of the proposed mover. Such application shall also state any municipal utility, street and public property repairs or alterations that will be required by reason of such movement.


C. Permit And Fee: The moving permit shall state date or dates of moving, hours, routing, movement and parking. Permits shall be issued only for moving buildings by building movers licensed by the state. Fees to be charged shall be separate for each of the following: 1) a moving permit fee to cover use of streets and route approval; and 2) a fee equal to the anticipated amount required to compensate the city for any municipal utility and public property (other than streets) repairs or alterations occasioned by such movement. The latter shall be paid in advance.


D. Building Mover Requirements: The building mover shall:

1. Use Designated Streets: Move the building over those streets only which are designated for such use in the permit.

2. Notify Of Revised Moving Time: Notify the city in writing of any desired change in the date or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the city, and notify the police department at least twenty four (24) hours prior to commencing movement of the building.

3. Notify Of Damage: Notify the city in writing of damage caused to property belonging to the city within twenty four (24) hours after the damage or injury has occurred.

4. Display Lights: Cause warning lights or signals to be displayed during all times on each side of the building while situated on a public street in such manner as to warn the public of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by reason of the presence, movement or removal of the building.

5. No Parking: Not park the building on any city street at any time during the moving process.

6. Comply With Governing Law: Comply with the building code, the provisions of the city code and all other laws.

7. Pay Expense Of Officer: Pay to the city the expense of any traffic officer ordered by the city administrator to accompany the movement of the building to protect the public from injury.


E. Owner's Permit Required And Application:

1. Permit: It is unlawful for any owner of land in the city to or from which a building is to be moved to permit such movement without an owner's permit.

2. Application: A person seeking issuance of an owner's permit shall file a written application with the city. If no moving permit is required under this section, the application shall also include the address and legal description of the land on which the building is situated, and if within the city, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, and such other information as the city shall require for the determination to be made hereunder. The application shall not be accepted for filing unless accompanied by the following:

a. Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full.

b. A written statement, bill of sale or other written evidence that the applicant is entitled to move the building.

c. Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant.

d. Payment of the permit fee.

e. If the building is to be located within the city after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land.

f. If the building is to be located within the city after its movement, photographs of: 1) two (2) or more views of the building to be moved; 2) the lot on which the building is to be located; and 3) the lands and structures thereon adjacent to the lot on which the building is to be located.

3. Council; Public Hearing:

a. Where applicant requests the moving of a building to a location within the city, the council shall hold a public hearing on whether a permit shall be issued not later than sixty (60) days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication and by mailing to the owners of real property situated within three hundred feet (300') of the land to which the building is to be moved at least ten (10) days prior to the date of the hearing. Notice containing the same information shall be posted at the city administrative offices not less than ten (10) days prior to the date of the hearing.

b. Not later than five (5) days after conclusion of the hearing the council shall either deny the permit in writing stating one or more of the grounds stated in subsection I of this section, or authorize issuance of a permit.

4. Owner Responsibilities: The owner shall:

a. Clear Premises: Remove all rubbish and materials and fill all excavations to existing grades at the original building site, if within the city, so that the premises are left in a safe, neat and sanitary condition. All foundation structures shall be removed to a depth of eighteen inches (18") below the finished grade of the earth.

b. Remove Service Connections: Cause any sewer lines to be plugged, shut off or removed, if the original site is within the city, in such manner as may be required by the city.

c. Completion Of Remodeling: If the building is relocated in the city, complete, within ninety (90) days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith.

d. Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been completed, including, but not limited to: 1) locking all doors and windows; 2) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and 3) erecting and maintaining a security fence or wall, the base of which shall be no higher than four inches (4"), and the top of which shall be at least four feet (4') above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation.


F. Fees And Deposits: Upon completion of the moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the city and which the city may retain under any provision of this section. The permit fee paid upon filing of the application shall not be returned.


G. Conditional Permits: Any permit granted under the terms of this section may have attached thereto written conditions which shall be strictly adhered to by the permittee.


H. Building Permits And Certificates Of Occupancy:

1. Whenever an application is made to move a building which would not, after moving, comply with all then current building codes, or if changes are required or contemplated contemporaneously with such application, a separate building permit shall also be applied for.

2. No moved building, whether or not a separate building permit is required under subsection H1 of this section, shall be occupied before the city makes its final inspection, and issues a certificate of occupancy.


I. Denial Of A Permit: Any permit under this section shall be denied upon a finding of any one of the following:

1. Applicant has not complied with any requirement of this section;

2. Persons or property in the city would be endangered by moving the building, because of shape, size, route, or for any other reason;

3. The building is in such state of deterioration or disrepair, or is otherwise so structurally unsafe that it would constitute a danger to persons or property in the city;

4. The building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the city;

5. The equipment for moving the building is unsafe and persons and property would be endangered by its use;

6. The building or its use would not be in compliance with zoning, building codes or other provisions of this code, if the location to which the building is to be moved is in the city; or

7. If the location to which the building is to be moved is in the city, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten (10) years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance.


J. Building Permit And Code Compliance: Before any building is moved from one location to another within the city, or from a point of origin without the city to a destination within the city, regardless of the route of movement, it shall be inspected and a building permit shall have been issued for at least the work necessary to bring it into full compliance with the state building code. (Ord. 134, 2nd Series, eff. 10-29-1984; amd. 1992 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042128
5.05: MAINTENANCE OF EXTERIOR OF ALL STRUCTURES: linklink

(Rep. by Ord. 74, 6th Series, eff. 5-4-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042129
5.06: DEMOLITION IN HISTORIC AREAS OR OF HISTORIC PROPERTIES: linklink


A. Purpose: This section is established to protect historic resources from destruction by providing the heritage preservation commission and the city council with authority to identify historic resources and to review and approve or deny all proposed demolitions of property within ninety (90) days.


B. Identification Of Historic Resources: Properties are designated as historic resources if they are listed on the national register of historic places, or are located in a national, or Little Falls historic, or conservation district, or designated as a Little Falls preservation landmark, or such other property as the city council may determine, referring to sources of information reasonably believed to be relevant to such determination.


C. Review Of Demolition Permits: The city shall review all applications for a demolition permit to determine whether the affected property has been identified as a historic resource. If the property has not been identified as a historic resource, the demolition permit shall be approved. If the city determines that the property is a historic resource, the heritage preservation commission may withhold a demolition permit for a period of up to ninety (90) days. The property owner may appeal any decision to withhold a demolition permit to the city council, who shall first hold a public hearing.


D. Mitigation Plan: The heritage preservation commission may require a mitigation plan as a condition of any approval for demolition of a historic resource. Such plan may include the documentation of the property by measured drawings, photographic recording, historic research or other means appropriate to the significance of the property. Such plan also may include the salvage and preservation of specified building materials, architectural details, ornaments, fixtures and similar items for use in restoration elsewhere. (Ord. 43, 5th Series, eff. 1-28-2002)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042130
5.07 - 5.19: RESERVED: linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042131
5.20: HOUSING CODE: linklink

The current edition of the uniform housing code, published by the International Conference Of Building Officials, as it may hereafter be supplemented, amended or replaced, is hereby adopted by reference as though set forth verbatim herein. One copy of said code shall be marked "City Of Little Falls - Official Copy" and kept on file in the office of the building official and open to inspection and use by the public. (Ord. 100, 3rd Series, eff. 1-28-1991; amd. 1992 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042132
5.21 - 5.29: RESERVED: linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042133
5.30: SIGN REGULATIONS: linklink


A. Findings, Purpose, Effect And Definitions:

1. Findings: The city council hereby finds as follows:

a. Exterior signs have a substantial impact on the character and quality of the environment.

b. Signs provide an important medium through which individuals may convey a variety of messages.

c. Signs can create traffic hazards, aesthetic concerns and detriments to property values, thereby threatening the public health, safety and welfare.

d. The city's zoning regulations have included the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the city and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulations of the physical characteristics of signs within the city have had a positive impact on traffic safety and the appearance of the community.

2. Purpose And Intent: It is not the purpose or intent of this section to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. The purpose and intent of this section is to:

a. Regulate the number, location, size, type, illumination and other physical characteristics of signs within the city in order to promote the public health, safety and welfare.

b. Maintain, enhance and improve the aesthetic environment of the city by preventing visual clutter that is harmful to the appearance of the community.

c. Improve the visual appearance of the city while providing for effective means of communication, consistent with constitutional guarantees and the city's goals of public safety and aesthetics.

d. Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the city.

3. Effect: A sign may be erected, mounted, displayed or maintained in the city if it is in conformance with the provisions of these regulations. The effect of this section, as more specifically set forth herein, is to:

a. Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in this section.

b. Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of this section or when required by federal, state or local law.

c. Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare.

d. Provide for the enforcement of the provisions of this section.

4. Severability: If any 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 subsection, sentence, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid.

5. Definitions: The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

A-FRAME SIGN: A movable freestanding sign hinged at the top, or attached in a way that forms a shape similar to the letter "A" when viewed from the side. Also known as a sandwich board. This would also include a springboard sign.

ABANDONED SIGN: Any sign and/or its supporting sign structure which has been removed or whose display surface remains blank for a period of one year or more. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to this definition.

AWNING: A rooflike cover, often of fabric, plastic, metal or glass designed and intended for protection from the weather or as a decorative embellishment and which projects from a wall or roof of a structure primarily over a window, walk or the like. Any part of an awning, which also projects over a door, shall be counted as an awning.

AWNING SIGN: A building sign or graphic printed on or in some fashion attached directly to the awning material.

BALLOON SIGN: A sign consisting of a bag made of lightweight material supported by helium, hot or pressurized air which is greater than twenty four inches (24") in diameter.

BANNER: A sign constructed of cloth, paper, plastic or other material upon which copy is written and supported either between poles or fastened to buildings or other structures and that is supported or anchored on two (2) or more edges or at three (3) or more corners. Banners also include such signs which are anchored along one edge, or two (2) corners, with weights installed that substantially reduce the reaction of the sign to wind.

BENCH SIGN: A sign located on any part of the surface of a bench or a similar type of outdoor furniture or seating, placed usually on or adjacent to a public right of way.

BUILDING: Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING SIGN: Any sign attached to or supported by any structure used or intended for supporting or sheltering any use or occupancy.

BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or where services are offered for compensation.

BUSINESS DISTRICT: Any district zoned primarily for business use as identified on the city of Little Falls official zoning map.

CANOPY: A rooflike cover, often of fabric, plastic, metal, or glass on a support, which provides shelter over a doorway.

CANOPY SIGN: Any sign that is a part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from service area canopy signs.

COMMERCIAL SPEECH: Speech advertising a business, profession, commodity, service or entertainment.

CONSTRUCTION SIGN: A temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and/or the owners, financial supporters, sponsors, and similar individuals or firms having a role or interest with respect to the structure or project.

DIRECTIONAL SIGN: A sign which exclusively contains language that is intended to facilitate the safe movement of pedestrians and vehicles into, out of and around the site on which the sign is located.

DISPLAY SURFACE: The area made available by the sign structure for the purpose of displaying the advertising or other commercial or noncommercial message.

ELECTRICAL SIGN: A sign that is powered by electricity.

ELECTRONIC MESSAGE DISPLAY (EMD): A sign capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means.

ELEVATION: The view of the side, front or rear of a given structure(s).

ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, creating, painting, drawing, engraving or any other way of bringing into being or establishing.

EXTERIOR SIGN: A sign on the outside of a building, structure or outdoor display area.

FLAG: Any fabric or similar lightweight material attached at one edge or no more than two (2) corners of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices or text. If any dimension of a flag is more than three (3) times as long as any other dimension, it shall be regulated as a banner for the purposes of this section.

FLASHING SIGN: A directly or indirectly illuminated sign, which exhibits changing light or color effect by any means, so as to provide intermittent illumination, which includes the illusion of intermittent flashing light by means of animation. Also any mode of lighting, which resembles zooming, twinkling, or sparkling.

FREESTANDING SIGN: Any sign, which has supporting framework that is placed on, or anchored in, the ground and which is independent from any building or other structure.

FRONT FOOT: The measurement of the frontage of a lot abutting a public street. In cases where a lot abuts two (2) public streets, the longest side of the lot will be used in determining the front footage of a lot.

FRONTAGE: The line of contact of a property with the public right of way.

GRADE: Shall be construed to be the final ground elevation after construction. Earth mounding for landscaping, berming and/or screening is not part of the final grade for sign height computation.

GROUND SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a total height not exceeding eight feet (8').

HEIGHT OF SIGN: The height of the sign, for freestanding signs, shall be computed as the vertical distance measured from the base of the sign at normal grade to the top of the highest attached component of the sign. For signs attached to buildings, the height shall be measured from the lowest attached component of the sign to the highest attached component.

ILLUMINATED SIGN: Any sign illuminated by a source of light which is directly cast upon the exterior surface or face of the sign and intended to illuminate the sign by reflection or which is illuminated from within or behind the sign so as to reflect or emanate light through the sign.

INDUSTRIAL DISTRICT: Any district zoned for industrial use.

INTERIOR SIGN: A sign which is located within the interior of any building, or within an enclosed lobby or court of any building.

ISSUING AUTHORITY: The city of Little Falls.

LEGALLY ESTABLISHED NONCONFORMING SIGN: Any sign and its support structure lawfully erected prior to the effective date hereof which fails to conform to the requirements of this section. A sign which was erected in accordance with a variance granted prior to the adoption of this section and which does not comply with this section shall be deemed to be a legal nonconforming sign. A sign which was unlawfully erected shall be deemed to be an illegal sign.

MARQUEE: Any permanent rooflike structure projecting beyond a theater building or extending along and projecting beyond the wall of that building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN: Any building sign painted, mounted, constructed or attached in any manner, on a marquee.

MONUMENT SIGN: Any freestanding sign with its sign face mounted on the ground or mounted on a base at least as wide as the sign and which has a height exceeding eight feet (8'), subject to height limitations of the zoning district in which it is located.

MURAL: An image painted or applied on the exterior of a building wall(s) or other permanent structure and for which no more than five percent (5%) of the total area covered by the mural, or one hundred (100) square feet (whichever is less), consists of text.

NONCOMMERCIAL SPEECH: Dissemination of message not classified as commercial speech which include, but are not limited to, messages concerning political, religious, social, ideological, public service and informational topics.

NONCONFORMING SIGN: A sign which is lawfully existing on the effective date hereof, but does not conform to this section.

PARAPET (WALL): That portion of a building wall that rises above the roof level.

PENNANTS: Pieces of cloth, paper, plastic or similar material intended to be individually supported or attached to each other by means of rope, string or other material, and intended to be hung on buildings or other structures or between poles, and does not include any written or graphical, or other form of copy.

PORTABLE SIGN: Any sign which is manifestly designed to be transported, including by trailer or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis or support is converted to another sign or attached temporarily or permanently to the ground since this characteristic is based on the design of such a sign. A sign mounted on a vehicle identifying a business when the vehicle is being used in the normal day to day operation of that business is not subject to the regulations set forth in this section.

PRINCIPAL BUILDING: The building in which the principal primary use of the property, which may contain one or more lots is conducted. Buildings with multiple principal uses shall not constitute multiple principal buildings (i.e., 3 separate uses in a building is equal to 1 building). Storage buildings, garages, and other clearly accessory buildings shall not be considered principal buildings.

PRINCIPAL ENTRANCE: The main doorways, lobby, or access leading or entering into a building or structure.

PROPERTY: Any lot or parcel of land which has been legally created and has been assigned a separate parcel identification number.

PUBLIC ROADWAY RIGHT OF WAY: The right of way for a public roadway.

PYLON SIGN: Any freestanding sign which has its supportive structure(s) anchored in the ground and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the sign face open.

RESIDENTIAL DISTRICT: Any district zoned for residential uses.

RESIDENTIAL PROPERTY: A piece of land or real estate, consisting of one or more lots or parcels, where a residential dwelling and its associated accessory buildings or structures are located.

ROOF: The exterior surface and its supporting structure on the top of a building or structure makeup of which conforms to the roof structures, roof construction and roof covering sections of the state adopted building code.

ROOF SIGN: Any sign erected and constructed wholly on and above the roof or parapet of a building or structure, supported by the roof structure, and extending vertically above the highest portion of the roof.

SETBACK, FRONT: The minimum horizontal distance permitted between the public right of way and a structure on the premises. In instances in which a property fronts on more than one street, front setbacks are required on all street frontages.

SETBACK, REAR: The minimum horizontal distance permitted between the property line opposite the principal street frontage and a structure on the premises.

SETBACK, SIDE: The minimum horizontal distance permitted between the side lot line and a structure on the premises.

SHIMMERING SIGNS: A sign which reflects an oscillating sometimes distorted visual image.

SIGN: Any letter, word or symbol, poster, picture, reading matter or representation in the nature of advertisement, announcement, message or visual communication, other than a "flag" or "mural" as defined in this section whether painted, posted, printed, affixed, engraved or constructed, including all associated brackets, braces, supports, wires, and structures, which is displayed for informational or communicative purposes.

SIGN FACE: The surface of the sign upon, against, or through which the message of the sign is exhibited.

SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework which supports or is capable of supporting any sign.

SITE: A plot or parcel of land, or combination of contiguous lots or parcels of land, which are intended, designated, and/or approved to function as an integrated unit.

SPRINGBOARD: See definition of A-Frame Sign.

TOTAL SITE SIGNAGE: The maximum combined area of all signs allowed on a specific property.

VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not) without visual aid.

WALL: Any structure which defines the exterior boundaries or courts of a building or structure and which has a slope of sixty degrees (60°) or greater with the horizontal plane.

WALL SIGN: Any building sign attached parallel to, but within two feet (2') of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.


B. Administration:

1. Permit Application: No sign whose highest attached part is greater than seven feet (7') above the nearest adjacent ground surface, except as otherwise specified herein, shall be erected, altered, reconstructed, maintained or moved in the city without first securing a permit from the city. On any residentially zoned property, illuminated signs may be allowed for up to forty five (45) consecutive days in any twelve (12) month period only after securing a permit from the city. Lighting associated with such signs shall be rated at no greater than nine hundred (900) lumens (approximately equivalent to a 60 watt incandescent light bulb) and must be diffused or shielded so as to prevent direct viewing from adjacent properties or the public right of way. Such signs may be permitted to be flashing, provided the flashing does not occur more frequently than once per 0.5 second. The content of the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. Applications for a permit may be for specific signs or may be in the form of an overall signage plan for the property and shall be in writing addressed to the issuing authority on a form provided by the city.

If the proposed sign(s) is along a state trunk highway or interstate highway, the applicant may be required to provide proof that the applicant has obtained a permit from the state of Minnesota for the sign(s); and

The issuing authority shall approve or deny the sign permit in an expedited manner consistent with the time lines required in Minnesota statutes 15.99, or successor statute.

2. Permit Exemptions: The following signs shall be exempt from the requirements of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section or any other law or ordinance relating to maintenance, repair and removal.

a. Individual signs not exceeding one-half (0.5) square foot in any zoning district. Such signage shall not be counted against any overall square footage requirement applicable to a property.

b. Individual signs, in the R-3, B-1, B-2, B-3, I-1 or I-2 zoning district, or located on public property with the approval of the appropriate public agency or body, which are:

(1) Located no closer than one hundred feet (100') to the edge or curb of any road within a public roadway right of way; and

(2) Not greater than three (3) square feet in size and with any letters or numbers not greater than six inches (6") in height; or

(3) Not greater than six (6) square feet in size and with any letters or numbers not greater than three inches (3") in height.

c. Signs erected within a public road right of way that are approved by the governmental agency with authority over the right of way.

d. The changing of the display surface on a sign(s), or complete replacement of a sign(s), when such change or replacement would be consistent with a previously issued permit or a sign considered to be a legal nonconformity and would not require compliance with applicable building codes, unless such sign(s) has been deemed abandoned.

e. Flags, subject to the following (any flags in excess of these amounts shall be regulated as a sign):

Zoning District   Maximum Size,
Any 1 Flag  
Maximum Size,
Cumulative Per Site  
B-1, B-2, B-3, I-1, I-3   300 square feet, 600 square feet with conditional use permit   None  
All other zoning districts   40 square feet   50 square feet  

f. Interior signs.

g. Signs which are integrally attached to or part of:

(1) Waste roll-offs, dumpsters, garbage cans, portable storage units or other similar equipment owned and maintained by a commercial business for the purpose of waste collection or temporary storage;

(2) Personal property or motor vehicles such as, but not limited to, passenger vehicles, snowmobiles, all-terrain vehicles, trucks, semitractors and trailers, recreational vehicles, fish houses, boats, boat lifts, and trailers;

(3) Construction materials or equipment.

h. Signs which are affixed on city owned property, which have been approved by the city council or their designee.

i. Murals located on a building used primarily for commercial or industrial purposes which are maintained by the property owner or his/her designee.

j. Signs which are affixed on property owned by a county, state or federal governmental body or a public school district unless specifically prohibited by this section.

k. Signs required by law.

l. Headstones, gravestones, grave markers or other similar signs attached to, or adjacent to, a burial plot, columbarium, mausoleum or the like.

3. Fees: Sign permit fees shall be established by resolution of the city council.

4. Repairs: Any sign located in the city which may now be or hereafter become out of order, rotten or unsafe, and every sign which shall hereafter be erected, altered, resurfaced, reconstructed or moved contrary to the provisions of this section, shall be removed or otherwise properly secured in accordance with the terms of this section by the owners thereof or by the owners of the grounds on which said sign shall stand, upon receipt of proper notice so to do, given by the issuing authority. No rotten or other unsafe sign shall be repaired or rebuilt except in accordance with the provisions of this section and upon a permit issued by the issuing authority.

5. Removal: Signs which may be or may hereafter become rotted, unsafe or unsightly shall be repaired or removed by the owner or lessee of the property upon which the sign stands upon reasonable notice by the city. The owner, lessee or manager of any sign that contacts the ground and the owner of the land on which the same is located shall keep grass, weeds and other growth cut and shall remove all debris and rubbish from the area beneath the sign. If the owner, lessee or manager of the property fails to act in accordance with this paragraph, the city may seek injunctive relief through a motion for summary enforcement, or obtain an administrative search and seizure warrant for removal of the sign in question. All costs incurred for removal may be charged to the owner of the sign and/or property owner and if unpaid, certified to the Morrison County auditor as a lien against the property on which the sign was located.


C. Violations:

1. Violations; Separate Offense: (See section 5.99 of this chapter.) Each day that the violation continues shall constitute a separate offense.


D. General Provisions:

1. Size: No individual sign shall exceed three hundred (300) square feet in area. A-frame signs shall not exceed four feet (4') in height and two feet (2') in width. All signs on the property shall be included in the square footage measurement with the exception of A-frame signs and signs otherwise exempted by this section. There shall be no more than one A-frame sign allowed per principal building. Any A-frame or directional signs placed on public roadway right of way shall require the owner of the sign to provide insurance to the city in an amount and in such form as required by this code.

2. Regulations:

a. General: Except as hereinafter provided, no signs shall be erected or maintained at any angle to a building or structure which sign extends or projects over the street or highway. No sign shall be erected or maintained at any angle to a building or structure which sign extends or projects over the alleyway more than four feet (4') and shall be a minimum of seventeen feet (17') above the ground. No sign shall be erected or maintained at any angle to a building or structure which sign shall extend or project more than five feet (5') over the sidewalk and shall be a minimum of ten feet (10') from the ground.

b. Exceptions: The provisions of this subsection do not prohibit:

(1) The erection and maintenance of signs, either illuminated or nonilluminated, which are on the sides of a marquee which are firmly attached to and a part of a theater or other building, providing such signs are an integral part of the marquee and do not project above or below the marquee; or

(2) The erection and maintenance of signs, not illuminated, which are attached to the marquee and which do not project more than sixteen inches (16") above the marquee; or

(3) Traffic, directional, parking and snow removal signs erected by governmental authority.

3. Below Marquee: No sign, either illuminated or nonilluminated, may project below a marquee.

4. Electrical Signs: Electrical signs must be installed in accordance with the current electrical code and all necessary electrical and building permits must be obtained prior to placement.

5. Unauthorized Signs: The following signs are unauthorized signs:

a. Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signal, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device, roadway, intersection or any railroad sign or signal.

b. Bench signs, except as provided by section 5.33 of this chapter.

c. Roof signs.

d. Signs painted, attached, engraved, etched or in any other manner affixed to public utility poles, bridges, towers, streetlights, or similar public structures except as otherwise provided herein.

6. Setbacks: Signs shall conform to building yard regulations for the zoning district in which the signs are located, except as otherwise specified in this section. Setbacks shall be measured to the outermost portion of the sign:

  Residential   B-1   B-2   B-3   Industrial  
Front yard lot line   5'   10'   0'   10'   10'  
Side yard lot line   5'   10'   0'   10'   10'  
Rear yard lot line   5'   10'   0'   10'   10'  
Rear yard lot line abutting R district   n/a   10'   10'   10'   20'  

7. Area: The area within the frame shall be used to calculate the square footage except that the width of a frame exceeding twelve inches (12") shall constitute sign face, and if such letters or graphics be mounted directly on a wall or fascia or in such way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches (6") beyond the periphery formed around such letters or graphics in a plane figure bounded by straight lines connecting the outermost points thereof, unless exact dimensions can be provided by the applicant. Symbols, pictures, wording, figures or other forms of graphics painted on or attached to walls, awnings, freestanding structures, or suspended by balloons are considered a sign and are included in calculating the overall square footage. The area of a sign with more than one visible sign face will be calculated as the sum of the area of each sign face divided by two (2).

8. Canopies, Marquees And Fixed Awnings: Canopies, marquees and fixed awnings are an integral part of the structure to which they are attached. They are allowed in the business and industrial districts if they meet the following requirements and the applicable square footage requirements:

a. An awning, canopy or marquee may not project into the public right of way nearer than thirty inches (30") to the roadway curb or curb line;

b. Awnings, may have no part of the structure other than supports nearer the ground surface than seven feet (7');

c. The architectural style of the awning, canopy or marquee may be consistent with the building being served;

d. Awnings, canopy or marquees projecting into the required yards may not be enclosed except with a transparent material permitting through vision; and

e. Awnings, canopies or marquees built over the public right of way must be included in a liability insurance policy holding the city free of all responsibility.

9. Illumination: External illumination for signs shall be constructed and maintained so that the source of light is not visible from the public right of way or residential property.

10. Retroactive Effect: This section shall apply to all sign applications applied for and/or pending prior to its enactment.

11. Noncommercial Speech: Notwithstanding any other provisions of this section, the noncommercial speech exemption provided by Minnesota statutes section 211B.045 (or successor statute) is hereby incorporated by reference, which shall also include the period of time thirteen (13) weeks prior to any special election until ten (10) days following the special election.


E. Specific Regulations By Zoning District:

1. Residential Districts (2 Dwelling Units Or Less): Within any residential zoning district, where a property contains two (2) dwelling units or less, nonexempt signs are allowed as follows (whether or not a permit is required):

a. Maximum sign area for a single sign: Eight (8) square feet.

b. Cumulative maximum sign area for all nonexempt signs: Sixteen (16) square feet.

c. Maximum height of any sign: Four feet (4').

2. Residential Districts (3 Dwelling Units Or More): Within any residential zoning district, where a property contains three (3) or more dwelling units nonexempt signs are allowed as follows (whether or not a permit is required):

a. Within thirty feet (30') of a traveled public road right of way: One sign up to thirty two (32) square feet in size, which may be externally illuminated, with a maximum height of eight feet (8') (properties which front upon more than 1 street may have up to 1 such sign per street frontage); and

b. For all other signs not allowed under subsection E2a of this section:

(1) Maximum height of any sign: Four feet (4').

(2) Maximum sign area for a single sign: Eight (8) square feet.

(3) Cumulative maximum sign area per parcel:

Up to 80 feet frontage   16 square feet  
81 - 150 feet frontage   24 square feet  
151 - 300 feet frontage   32 square feet  
Greater than 300 feet frontage   48 square feet  

The following types of signs are not permitted in residential zoning districts:

A-frame signs.

Awning signs.

Backlit awning signs.

Balloon signs.

Canopy signs.

Electronic message display signs.

Flashing signs.

Illuminated signs, except where specifically allowed.

Marquee signs.

Murals.

Portable signs.

Shimmering signs.

3. Permitted Nonresidential Uses In Residential Districts: Within any residential zoning district, where a property contains legal nonresidential uses, nonexempt signs are allowed as follows (whether or not a permit is required):

Nonresidential
Uses In Residential
Zoning Districts  
Maximum Sign Area
Of Single Sign  
Maximum
Height  
Cumulative Maximum
Sign Area Of
All Nonexempt Signs  
R-1, R-1C, R-1.M (150' frontage or less)   32 sq. ft. per surface   8'   32 sq. ft.  
R-2, R-2.M (150' frontage or less)   32 sq. ft. per surface   8'   32 sq. ft.  
R-3, R-3.M, R-4 (150' frontage or less)   40 sq. ft. per surface   8'   40 sq. ft.  
R-1, R-1C, R-1.M (150' - 300' frontage)   32 sq. ft. per surface   8'   40 sq. ft.  
R-2, R-2.M (150' - 300' frontage)   32 sq. ft. per surface   8'   40 sq. ft.  
R-3, R-3.M, R-4 (150' - 300' frontage)   40 sq. ft. per surface   10'   40 sq. ft.  
R-1, R-1C, R-1.M (greater than 300' frontage)   40 sq. ft. per surface   8'   40 sq. ft.  
R-2, R-2.M (greater than 300' frontage)   40 sq. ft. per surface   8'   40 sq. ft.  
R-3, R-3.M, R-4 (greater than 300' frontage)   48 sq. ft. per surface   15'   100 sq. ft.  

4. Business Districts: Within any business zoning district, nonexempt signs are allowed as follows (whether or not a permit is required):

Business
Zoning Districts  
Maximum Sign
Area Of Single Sign  
Maximum Sign
Height  
Cumulative Maximum
Sign Area Of
All Nonexempt Signs  
Limited business district B-1   100 sq. ft. per surface   15'   50 sq. ft. or 1 sq. ft. per front foot of property abutting a public right of way, whichever is greater1  
General business district B-2   100 sq. ft. per surface   20'   50 sq. ft. or 2 sq. ft. per front foot of lot which abuts a public right of way, whichever is greater1  
Noncentral business district B-3   300 sq. ft. when attached flat against a building wall or when located within 100' of the right of way of U.S. Highway 10 or MN State Highway 371. Otherwise, 150 sq. ft. per surface   30'   50 sq. ft. or 3 sq. ft. per front foot of lot which abuts a public right of way, whichever is greater, but not to exceed 1,200 sq. ft.1  

Note:
1. For buildings where more than 2 sides abut a public right of way or which can be accessed from a parking lot, seating area or secondary entrance available to customers on a side not abutting a public right of way, an additional 50 square feet of signage shall be allowed beyond what would otherwise be allowed.

The following types of signs are not permitted in B-1 business zoning districts:

A-frame signs.

Awning signs.

Backlit awning signs.

Balloon signs.

Canopy signs.

Electronic message display signs.

Flashing signs.

Illuminated signs, except where specifically allowed.

Marquee signs.

Portable signs.

Shimmering signs.

The following types of signs are not permitted in B-2 zoning districts:

Electronic message display signs.

5. Industrial District: Within any industrial zoning district, nonexempt signs are allowed as follows (whether or not a permit is required):

Industrial
Zoning Districts  
Maximum Sign Area
Of Single Sign  
Maximum
Sign
Height  
Cumulative Maximum
Sign Area Of
All Nonexempt Signs  
Industrial light I-1   300 sq. ft. per surface   30'   4 sq. ft. per front foot of building plus 1 sq. ft. per front foot of property not occupied by the building  
Industrial heavy I-2   300 sq. ft. when attached flat against a building wall or when located within 100' of the right of way of U.S. Highway 10 or MN State Highway 27. Otherwise, 150 sq. ft. per surface   30'   4 sq. ft. per front foot of building plus 1 sq. ft. per front foot of property not occupied by the building  


F. Nonconforming Uses:

1. Nonconforming Signs, Compliance: It is recognized that signs exist within the zoning districts which were lawful before this section was enacted, or for which there are insufficient records to determine their lawfulness at the time they were erected, which would be prohibited, regulated or restricted under the terms of this section or future amendments. It is the intent of this section that nonconforming signs shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other signs or uses prohibited elsewhere in the same district. It is further the intent of this section to permit legal nonconforming signs and signs for which there are insufficient records to determine their lawfulness at the time they were erected, existing on the effective date hereof or amendments thereto, to continue as legal nonconforming signs provided such signs are safe, are maintained so as not to be unsightly, and have not been abandoned or removed subject to the following provisions:

a. No sign shall be enlarged or altered in a way which increases its nonconformity.

b. Should such sign or sign structure be destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost and the sign is not replaced, or has not had a complete application submitted for a permit to replace the sign, within one hundred eighty (180) days of when the sign was damaged, it shall not be reconstructed except in conformity with the provisions of this section.

c. Should such sign or sign structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.

d. No existing sign devoted to a use not permitted by the zoning code in the zoning district in which it is located shall be enlarged, extended or moved except in changing the sign to a sign permitted in the zoning district in which it is located.

e. When a structure loses its nonconforming status all signs devoted to the structure shall be removed and all signs painted directly on the structure shall be repainted in a neutral color or a color which will harmonize with the structure.


G. Noncommercial Speech:

1. Substitution Clause: The owner of any sign which is otherwise allowed by this section may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. The provision prevails over any more specific provision to the contrary.


H. Enforcement:

1. Administration: Provisions of this section shall be administered and enforced by the zoning administrator or his/her designee, who shall be appointed by the city council, and may have other municipal duties. His/her duties shall include, but not be limited to:

a. Determine that all sign permits comply with the terms of this section.

b. Conduct site inspections to determine compliance with the terms of this section.

c. Receive, file and forward all applications for appeals, variances, conditional uses, or other matters to the designated official bodies.

2. Appeals: The city council constitutes the board of appeals and shall determine, in harmony with the general purpose of this section and the city's comprehensive plan, by resolution, all appeals from any order, requirement, permit or decision made by the zoning administrator under this subsection, and from any interpretation of the text of this section.

At any time within forty five (45) days after the decision of the zoning administrator under the provisions of this section, except in connection with prosecutions for violations thereof, the applicant or other person or officer of the city affected thereby may appeal to the city council by filing a written notice stating the grounds appealed from and stating the specific grounds upon which the appeal is made. The city council will act upon the appeal within thirty (30) days of receipt of said notice. (Ord. 81, 6th Series, eff. 11-16-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042134
5.31: SIGN REGULATIONS, HISTORIC AREAS: linklink

(Rep. by Ord. 42, 6th Series, eff. 7-2-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042135
5.32: SIGN REGULATIONS, NONHISTORIC ZONING DISTRICTS: linklink

(Rep. by Ord. 42, 6th Series, eff. 7-2-2012)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042136
5.33: ADVERTISING BENCHES, NONHISTORIC AREAS: linklink


A. Location: The city hereby grants, in areas outside a designated national register of historic property, or a national historic district or a heritage preservation district, a nonexclusive right, privilege, franchise and permission, at the grantee's expense, to install, place and maintain "advertising benches" (a.k.a. "courtesy benches") convenient to shoppers and pedestrians on a portion of the public street between the curb and the property line, and private property as negotiated with the property owner.


B. Maintenance: The maintenance of all benches by the grantee includes, but is not limited to, general upkeep and repair, painting, weed control and snow removal.


C. Construction And Design: Prior to the placement of any advertising benches by a grantee, the materials, construction and design of such benches shall be approved by the city.


D. Location, Placement: Required: The location and placement of any benches shall be made only after approval by the city. Any proposed location and placement of any bench shall be submitted by the grantee to the city and shall be subject to the restrictions found in this section.


E. Removal Of Benches: The grantee agrees to remove said benches from any location, public or private, where placed, when required to do so by the city. The grantee shall have thirty (30) days to remove any particular bench or benches. (Ord. 114, 4th Series, eff. 5-11-1998; amd. Ord. 35, 5th Series, eff. 5-21-2001)


F. Advertisement Regulations:

1. No bench shall advertise or promote the sale or usage of any alcohol or alcohol related product or tobacco or tobacco related product. No bench shall bear the name of any alcohol or alcohol related product, or any tobacco or tobacco related product, or any trademark or brand name of such product.

2. The grantee shall have the right to place and maintain on its benches display advertising and material, subject to the limitations of subsection F1 of this section, and shall retain all revenue received therefrom, except as hereinafter provided. (Ord. 42, 6th Series, eff. 7-2-2012)


G. Indemnity: The grantee agrees to defend, save harmless and indemnify the city, its officers, agents and employees from any claims, demand, action, liability, damage or judgment which may arise or accrue out of the operation, maintenance and use of said benches, including, but not limited to, all liability for infringement of trademarks, trade names, copyrights, invasion of rights or privacy, defamation, illegal competition or unfair trade practices.


H. Liability Insurance: The grantee shall procure, maintain and deposit with the city certificates evidencing insurance policies from responsible insurance companies covering public liability and property damage insurance for the protection of patrons and other users of said advertising benches. The policy shall name the city as an additional insured in order to protect the city from any loss arising out of the placement and use of said benches. The amount of indemnity in such public liability insurance policies shall not be less than seven hundred fifty thousand dollars ($750,000.00) per occurrence for injuries or death for any number of claims arising out of a single occurrence. The amount of indemnity for property damage in such insurance policies shall not be less than twenty thousand dollars ($20,000.00). Such policies shall also contain a provision requiring the insurer to notify the city at least thirty (30) days before the expiration of such policy either by cancellation or limitation.


I. Fee: The annual "advertising bench" fee is established by resolution.


J. Disclaimer: The grantee shall receive written permission from all private property owners concerning the location of a bench on their property and on public rights of way adjacent to their property.


K. Nonassignability: The grantee shall not assign, transfer, convey, pledge, sublet or otherwise dispose of the nonexclusive franchise granted pursuant to this section without prior approval of the city.


L. Termination: Any franchise hereby granted shall continue in effect for one year periods until revoked or terminated by written notification by the city or the grantee. In the event that the franchise is terminated, the grantee shall have ninety (90) days to remove said benches. (Ord. 114, 4th Series, eff. 5-11-1998; amd. Ord. 35, 5th Series, eff. 5-21-2001)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042137
5.34 - 5.39: RESERVED: linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042138
5.40: SWIMMING POOL MAINTENANCE REGULATIONS: linklink


A. Control:

1. A "swimming pool" shall, for the purpose of this section, be construed to mean any pool, tank, depression or excavation, or other structure which shall cause the retaining of water over a greater depth than eighteen inches (18"), and having a larger plane surface of water greater than fifty (50) square feet, and which shall be designed or used for swimming, dipping or immersion purposes by men, women or children.

2. No swimming pool shall be constructed, erected or maintained unless a permit for the same shall have been issued by the building official. An application for such permit shall be made on such form as may be furnished by the city, and shall be accompanied by complete plans and specifications for the pool, showing complete compliance with the requirements of this section, including the plan for the disposal of water, the type and location of fencing and a survey or map showing the location thereof with respect to the boundary lines of the land of the applicant, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of this subsection shall be complied with, and thereafter said pool shall be maintained in accordance with the requirements of this section. Permits may be issued only upon application by the owner of the land or his duly authorized agent, and the said authority of the agent shall be in writing and attached to the application.

3. No swimming pool shall be built, constructed or maintained except of materials having adequate strength to retain the water designed to be contained therein. Each pool shall be designed with sound engineering practices.

4. Water overflowing from the swimming pool and when the pool is emptied, the water therefrom shall be disposed of on the owner's land and shall be prevented from overflowing over or into the land of adjoining property owners, or over or into any abutting street.

5. Every swimming pool shall be completely enclosed with fencing of a height of not less than four feet (4'), with openings, holes or gaps therein no larger than four inches (4") in any dimension, except for doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches (4"); and provided, further, that a dwelling house or an accessory building may be used as a part of such enclosure. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming a part of the enclosure hereinbefore required need not be so equipped. All gates shall be self-closing and self-latching, and equipped with latches at the top of gates or otherwise inaccessible to small children.

6. Should the owner abandon the swimming pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed, and he shall further notify the city administrator of the abandonment so that an inspection of the site may be made and the records of the permit be marked accordingly.

7. Every swimming pool shall be constructed ten feet (10') distant from any lot line.

8. Any lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from any adjoining premises.


B. Enforcement: All permits issued hereunder shall remain in full force and effect until revoked by the council or surrendered by the applicant therefor, and the council may revoke any permit issued hereunder and require the removal of a pool upon a showing that the pool fails to meet any of the requirements of this section.


C. Prior Construction: The owner of any land upon which a swimming pool shall be constructed prior to the date of the adoption hereof, whether pursuant to permit duly issued by the council or not, shall, within ninety (90) days after the effective date hereof, comply with the requirements of subsection A of this section, and thereafter, it shall be unlawful to maintain any swimming pool which does not meet the requirements of this section.


D. Modifications:

1. The council may make modifications in individual cases, upon a showing of good cause, with respect to the height, nature or location of the fence, wall, gates or latches, or the necessity therefor, provided the degree of protection is not reduced thereby.

2. The council may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein.

3. Upon the application of a property owner, the council may grant an extension of time for compliance, in individual cases, upon the showing of good cause. Such extension of time shall not exceed thirty (30) days at a time. (Ord. 617, eff. 9-2-1958; amd. 1992 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042139
5.41 - 5.98: RESERVED: linklink
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042140
5.99: VIOLATION A MISDEMEANOR: linklink

Every person violates a section, subsection, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, or performs an act prohibited or declared unlawful or fails to act when such failure is prohibited or declared unlawful by a code adopted by reference by this chapter and, upon conviction thereof, shall be punished as for a misdemeanor, except as otherwise stated in specific provisions hereof. (Ord. 134, 2nd Series, eff. 10-29-1984)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=59780#s1042141