Planning and Zoning

CHAPTER 63 - LOT DEVELOPMENT STANDARDS

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63.220 SIGN REGULATIONS

This section describes the signage standards (R,A,B,C, or D) identified in the Zoning District Tables of Chapter 62 for each type of permitted or conditional use.  Specific additional regulations are established for signs which are unique in purpose and not easily addressed by regulations of a general nature.

63.221

Purpose and Intent:  The purpose of the provisions of this ordinance addressing signs is to promote the public welfare, health and safety within the City by the establishment of comprehensive standards, regulations and procedures governing the erection, use and display of devices serving as visual communications media; to provide a procedure for the orderly transfer of advertising sign erection rights when a sign company’s ability to maintain a sign has ended; to promote and preserve aesthetics and to allow citizens to enjoy the natural scenic beauty of the City; to protect the motoring public from damage or injury caused or partially attributable to distractions or obstructions from improperly designed or situated signs; to preserve property values within the City and to allow signs appropriate to the planned character of each zoning district.  The regulations of this section attempt to balance the need for signage with the impact of such signage by establishing minimum standards related to the use, location and intensity of particular land uses.

63.222

Types of Signs:  Signs are classified as one of the following types for the purpose of regulation.  Where a sign contains information that is both advertising and business related in nature, the zoning administrator shall make a determination on the area of sign devoted to each purpose, and shall apply the regulations of this section as if the entire sign was of the same nature as the majority of the sign.  

  1. Primary Sign Types:
    1. Freestanding signs:  A self supporting sign resting on or supported by means of poles, standards of any other type of base anchored to the ground.
    2. Graphics:  A sign which is an integral part of the building facade.  The sign is painted directly on, carved in or otherwise permanently imbedded in the facade.  Signs in shop windows are included unless they qualify as auxiliary signs.
    3. Projecting signs:  A sign, other than a wall sign, which attaches to and projects from a structure or building facade.
    4. Roof sign:  A sign mounted on the roof of a building or which depends upon a parapet wall for support.
    5. Wall sign:  A sign mounted parallel to a building facade or other vertical building surface.  These signs shall not be mounted more than 18 inches from the wall surface they are attached to.
  2. Detailed Sign Types:  In addition to the primary sign types there are an additional class of signs whose purpose and application is more narrow and limited in nature.  Signs in this class include:
    1. Auxiliary Sign:  A sign providing information of a special or general nature which does not include information on names, brands or product lines, such as hours of operation, length of special sales, security warnings, directions for parking or entry or general pricing information (such as gas prices at service stations).
    2. Church Sign:  A free standing or wall sign that is not over 24 square feet in area and located on the same lot as the church it identifies.
    3. Development Signs:   A sign which by symbol or name identifies a completed development consisting of multiple individual uses and/or phases, such as an industrial park or subdivision, or which provides an index or directory of tenants in the development is a DEVELOPMENT IDENTIFICATION SIGN. A sign intended to inform the public of a development under construction or lots for sale in a development is a CONSTRUCTION SIGN.
    4. Marquee:  A structure attached to and projecting from a wall of a building, located above an entrance, which is designed to identify a business or use located on the premises or to advertise present or scheduled events on the premises.
    5. Portable Sign:  Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to: signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; flags advertising hours of operation, products or sales; umbrellas used for advertising, except advertising umbrellas used in conjunction with the operation of a restaurant; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used for normal day-today operations of a business.  A banner is not a portable sign.  A portable sign cannot be made permanent.
    6. Changeable Message Sign:  A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign.  A sign on which the message changes more than eight (8) times per day or on which the only copy that changes is an electronic indication of time or temperature shall not be a changeable message sign under this ordinance.
    7. Service Canopy:  A roof like structure attached to or detached from the principal building which provides only overhead protection to outside customer service areas.
    8. Sun Canopy:  An awning made of cloth or permanent construction, attached to the wall of a building, for the purpose of shielding windows or doorways from the elements.

63.223

Rules for Applying Sign Standards:  The following rules shall be used in applying the sign standards to a specific use:  

  1. Measuring the Area of a Sign:  The area of a sign shall be determined as follows:
    1. In the case of free standing, projecting, roof and marquee signs, the area is the entire surface area on which copy could be placed. Support structures or bracing are not counted as part of the sign area unless an integral part of the sign's message.  Where a sign has two display faces back to back, the area of only one face shall be considered the sign area.  Where a sign has more than one display face, all areas which could be viewed simultaneously shall be considered the sign area.
    2. In the case of a sign whose message is fabricated together with the background which borders or frames that message, the sign area shall be the total area of the entire background.
    3. In the case of a sign whose message is applied to a background which provides no border or frame, the sign area shall be the area of the smallest rectangle which can encompass all words, letters, figures, emblems and other elements of the sign message.
  2. Measuring the Height of a Sign:  The height of a sign shall be measured as follows:
    1. The height of a free standing sign shall be measured from the grade at the base of the sign to the top of the sign face.
    2. The height of a projecting sign shall be measured from the grade below the sign to the top of the sign face.  The base of any projecting sign must be at least eight (8) feet above the grade.
    3. The height of a wall sign shall be measured from the grade adjacent to the building to the top of the sign face.  The sign height shall not exceed the permitted maximum height allowed in the underlying district, and in no case shall extend more than four feet above the top of the wall it is attached to.  In the B-5 district, the sign must not extend above the top of the wall it is attached to.
    4. The height of a graphic sign shall be measured from the grade adjacent to the wall to the top of the sign area.
    5. The height of roof signs shall be measured from the top of the outside building wall to the top of the sign area.
  3. Lighting of Signs:  Methods of illuminating signs may be divided into several types:
    1. General:  The sign itself is neither lighted internally nor has a specific source of light directed at it.  The sign depends on the general illumination of the area for its lighting.
    2. Internal:  The sign is illuminated by a light source located inside of the sign structure.  This category includes neon lighting.
    3. Back Light:  The sign message is raised off of the sign's background and illuminated by a light source located behind the message which illuminates the background.
    4. Spot Light:  The sign is illuminated by spotlights directed specifically at the sign area.
    5. Message Board:  The sign face consists of individual miniature light sources which may be programmed to recreate images of letters or shapes which form words or images creating the sign's message.  Such lighting patterns may change to modify the sign's message on a regular basis.

63.224

General Regulations:  The following provisions apply to all signs regulated by this ordinance:  

  1. Permitted Number of Signs:  The number of signs permitted on a site is as follows:
    1. In residential districts, any permitted nonresidential use shall be permitted one free standing sign and one other primary sign.  If the use has frontage on more than one street, an additional primary sign may be permitted.  Each sign may have an area equal to the maximum sign area permitted in the district.
    2. In nonresidential districts each use shall be permitted one free standing sign.  In addition, one other primary sign is permitted for each 20 feet of frontage, subject to the regulation that the total area for all signs of a given sign type shall not exceed the maximum area for that sign type listed in the table in paragraph 63.225.
    3. Lots with no frontage or flag lots are subject to the same general regulations listed above, with the modification that the width of the lot at the building line shall be used instead of the frontage for determining the number of signs permitted.  Signs for such lots may be placed on adjacent lots having frontage along a street.
    4. Advertising signs shall not count against the number of permitted signs, except if classified as a roof sign.
    5. There is established a limit on the number of advertising signs in existence in the City of Rochester.  The limit shall be known as a cap.  That cap shall equal the total number of advertising signs in existence at the time this ordinance is enacted, the seven issued but unused sign credits in existence at the time this ordinance is enacted and the fifteen sign permit applications pending but not yet acted upon at the time this ordinance is enacted.  The cap may be changed by resolution of the City Council.  No new advertising signs shall be erected within the City of Rochester if such new sign(s) would cause the cap on the number of advertising signs to be exceeded.

      In addition to the restrictions outlined above, advertising signs which contain stacked multiple display faces are prohibited.
  2. Construction Criteria for Signs:
    1. All permanent signs shall be constructed to meet Building Code standards for wind resistance and wind loads.  Signs shall be rigidly suspended by means of fastening or support so as not to be free swinging nor a menace to persons or property.
    2. No sign shall be placed so as to obstruct or interfere with a window, doorway or fire escape, or with the traffic visibility zone requirements of this ordinance.
    3. No signs shall be erected that closely resemble or approximate the size, shape, form and color of official traffic regulation signs and markers that are erected by proper government authority.
    4. Signs illuminated by electricity or equipped in any way with electrical devices shall conform to the provisions of the electrical code.
    5. Adequate provisions shall be made for grounding metallic parts of roof signs exposed to lightening.
    6. All signs, together with their supports, braces, guys and anchors shall be kept in repair and in proper state of preservation.  The display surfaces of all signs shall be kept neatly painted or posted at all times.  Every sign and the immediate surrounding premises shall be maintained by the owner, lessee or manager of the property in a clean, sanitary and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds. The repainting, changing of parts and maintenance of signs shall not be deemed as alterations requiring a sign permit.
    7. The source of light for any sign shall be shielded so that the source of light is not visible in any residential district or to any oncoming vehicular traffic, and the light shall not be directed into such area.
    8. The exposed uprights, superstructure and/or backside of all signs shall be painted a neutral color such as light blue, gray, or white unless it can be demonstrated that such part of the sign designed or painted in another manner is integral to the overall design of the sign.
    9. No signs shall be painted on, attached to, or affixed to any trees, rocks, or similar organic or inorganic natural matter, or on any power line or telephone pole.
    10. Signs that advertise uses that are no longer in operation shall be removed by the sign owner within 60 days from the date the use ceased operation.
    11. No signs except those of a duly constituted governing body shall be erected or allowed to extend over a public right-of-way.  However, in the Central Development Core District, such signs are permitted where a revocable permit is secured prior to issuance of a sign permit.  All other signs, except advertising signs, shall be setback from lot lines so that no portion of the sign is closer than two (2) feet from any lot line or the vertical extension thereof.  The location of advertising signs shall be governed by 63.224 (5).
    12. Flashing, moving or intermittently lighted signs are not permitted 1) in the Medical Area of the Central Development Core or 2) in any residential district, or 3) on any nonresidential lot abutting directly or across any street a residential district.
  3. Permitted Increase in Sign Area:  In the B-1 District, the maximum area for free standing and wall signs under Standard B may be increased for sites with large frontages according to the following rules:
    1. Along a freeway or expressway, 0.33 square feet for every one foot of frontage beyond the first 80 feet.
    2. Along an arterial, 0.25 square feet for every one foot of frontage beyond the first 80 feet.
    3. Along a collector, 0.15 square feet for every one foot of frontage beyond the first 80 feet.
  4. Exempt Signs:  The following signs shall be exempt from regulation under this ordinance:
    1. Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance.
    2. Any sign inside a building, not attached to a window or door, that is no legible from a distance of more than 3 feet beyond the lot line of the zone lot or parcel on which the sign is located.
    3. Works of art that do not include a commercial message.
    4. Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.
    5. Any sign, display or device allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit, or to a commodity or service for. sale and that complies with size, lighting and spacing requirements of this ordinance.
    6. Any For Sale or For Rent sign which advertises either the sale or rental of the premises upon which the sign is located as long as the sign does not exceed twenty-four square feet in area or four feet in height.
    7. Any political campaign sign in light of Minnesota Statute 211B.045.
  5. Advertising Sign Location:  The following guidelines shall govern spacing of such signs:
    1. No advertising sign shall be located within 1000 feet of another sign located on the same side of the street.  Distances between advertising signs shall be measured along the adjacent right of way line of the street or highway to which the advertising sign is directed as set forth in Figure 1a.
    2. No advertising sign shall be located within a radius of 100 feet from the point of intersection of the right of ways of two or more streets or highways as set forth in Figure 1b.
    3. No advertising sign shall be located within 200 feet of the intersection of a street and a railroad right of way.  Distance shall be measured from the centerpoint of the street-railroad intersection to the nearest edge of the advertising sign as set forth in Figure 1c.
    4. No advertising sign shall be located within 300 feet of a playground, church, school or medical facility.  This distance shall be measured from the nearest edge of the advertising sign to the playground, church, school or medical facility to the closest point on any boundary line of the playground, church school or medical facility property as set forth in Figure 1d.  This restriction only applies to playground, church, school or medical facility properties which abut the same right of way an advertising sign is oriented toward.  However, it also specifically applies to playground, church, school or medical facility properties located on the opposite side of a right of way an advertising sign is oriented toward.
    5. No advertising sign shall be located within 250 feet of a boundary of a district which is zoned residential.  This distance shall be measured from the nearest edge of the advertising sign to the residential district to the closest point on any boundary of the residential district as set forth in Figure 1e.
    6. No advertising sign shall be located closer to a property line than the building setback for the zoning district where that sign is located.  In districts where the zoning setback is zero (0) , advertising signs shall be setback at least two (2) feet from the edge of the right of way line as set forth in Figure 1f.
    7. No advertising signs shall be allowed along the portions of the following streets and highways located within the limits of the City of Rochester:  County State Aid Highway 22 from trunk Highway 52 at Apache Mall westerly and northerly to Trunk Highway 52 at 55th Street NW, along County State Aid Highway 22 from Trunk Highway 14 at the University Center northerly and westerly to Trunk Highway 63 at 37th Street NW and along 55th Street NW from Trunk Highway 52 easterly to County Road 133 (West River Road).  This prohibition means that advertising signs shall not be located within 300 feet of the rights of way of these streets and highways and shall not be oriented toward them.

63.2241

Banners:  Subdivision 1.  For purposes of this section, the term “banner” shall mean a strip of cloth-like, vinyl, lightweight or other woven material on which a sign appears.  

Subd. 2.  Notwithstanding any provision in this Code to the contrary, no person may install or maintain a banner unless the banner is mounted parallel to a building façade or other vertical building surface.  A banner may not be mounted more than 18 inches from the wall surface to which it is attached. 

Subd. 3. Banners in residential districts shall be subject to the following limitations:

Non-Residential Uses (i.e. office, personal service, area accessory – church, school, etc) No more than one banner shall be permitted per use or per tenant. No banners are permitted on any wall abutting a residential use of less than 4 units or adjacent to a RS-a, R-1, or R-1x District.
Multi-Family Residential developments with 4 units or more One banner shall be permitted per multi-family development with 4 units or more, when the banner is oriented toward an abutting primary collector road, or higher order roadway or adjacent to a R-2, R-3, B-5, B-1, B-4, M-1 or M-2 Zoning District.  No banners are permitted on any wall abutting a residential use of less than 4 units or adjacent to a RS-a, R-1 or R-1x District.
All other uses in Residential Districts Banners are prohibited.

Subd. 4. For purposes of this section, a residential district includes all residential zoning districts, the B-5 (Residential Commercial) zoning district and any special district used for residential purposes.

63.225

TABLE OF SIGN STANDARDS - PRIMARY SIGN TYPES

63.226

Detailed Sign Regulations:  This section contains the regulations applicable to the detailed sign types identified in Section 63.222(2).  

  1. Auxiliary Signs:  The table in Section 63.225 specifies the amount of area which may be devoted to auxiliary signs in any development.  This amount of sign area is in addition to the primary sign area permitted for a development.
  2. Development Signs for Non-Residential Development:    
    1. One development identification sign is permitted along each collector or higher-level street on which a development has frontage.  If the development has more than 600 feet of frontage on an arterial or higher level street, a development identification sign is permitted at each point of public street access into the area or at each major private access.  Where a development has frontage only on local streets, one development identification sign is permitted for the project.
    2. A development identification sign shall be limited to no more than eight feet in height above the natural grade, with the exception that when the width of the sign is less than 20 percent of its height, the sign may be up to 25 feet in height.
    3. The maximum permitted area of a development identification sign is determined by the following table:

      TYPE OF LIGHTING BASE AREA ADDITIONAL PERMITTED AREA
      General 60 sq. ft. 10 sq. ft. For every 50' of freeway or expressway frontage, 75’ of arterial frontage, or 100' of collector frontage over 500 feet.
      Backlight or Spot Light   50 sq. ft. 8 sq.ft. For every 50' of freeway or expressway frontage, 75' of arterial frontage, or 100' of collector frontage.
      Internal 32 sq. ft. 5 sq. ft. For every 50' of freeway or expressway frontage, 75' of arterial frontage, or 100' of collector frontage over 500 feet.



  3. Development Signs for Residential Development:
    1. Development signs for development in residential zoning districts must meet the requirements of this section.  The development sign must meet the sign size requirement as specified in the applicable zoning district standards.  Where no Sign Type standard is identified for the use in the district, a Sign Type “A” must be used to establish the sign size, height, and lighting standards applicable in a residential zoning district.  Where a Sign Type is identified in the applicable district for the development the standards for sign size, height, and lighting must be adhered to.
    2. If a residential development has frontage on more than one collector or higher level street, as identified on the Thoroughfare Plan, one development sign is permitted along each collector or higher level street on which a development has frontage.  Where a development has frontage only on local streets, one development identification sign is permitted for the project.  At each permitted development sign location, two signs may be permitted, one on each side of the street accessing the development.  The two signs combined must not exceed the sign size permitted by the Sign Type.  Sign height must not exceed that allowable for the Sign Type.
    3.  Each sign and each supporting structure must be located on a private easement, joint or otherwise, that is recorded unless the sign is placed on land that is part of a common interest community and on an outlot.  A copy of the recorded easement must be provided to the zoning administrator with the zoning certificate application.  A long-term maintenance document must be presented with the zoning certificate application.  This document must be recorded.  The document must identify the person, organization, corporation, business or property owner that will be responsible for the care and maintenance of the signs and for the cost of electricity if the signs are lighted.  The zoning certificate application must be denied when the applicant does not submit a signed long-term maintenance document.
    4.  Development signs must not be constructed in a utility or drainage easement or traffic visibility zone. Development signs must meet all other requirements of this ordinance.
    5.  Development signs shall be constructed of low maintenance, durable materials that maintain appearance over a long period of time.  Construction materials may include concrete, colored concrete, brick, stone, unpainted or uncoated naturally weather-resistant metals such as stainless or oxidized steel, titanium, copper, bronze, pewter, etc., structural glass, weather-resistant exterior rated solid wood product or a combination of these or similar materials.
  4. Construction Signs:  Construction signs for residential developments are permitted according to the same regulation as development identification signs.  Construction signs for nonresidential development shall conform to the regulations for free standing signs applicable to the use under construction.  Construction signs are considered temporary signs and do not require a sign permit.
  5. School and Church Signs:  All standards in this section must be met to permit a sign with internal lighting.  
    1. Signs shall have a maximum area of no more than 24 square feet.  The sign area shall be calculated as specified in Section 63.223(A)(1).
    2. The permitted maximum height shall be no more than six feet.
    3. Light standard “R”, under luminaire with no cutoff, Section 63.213(1) shall be applied to all internally lighted signs.
    4. The sign must be set back from all lot lines a minimum of four feet.  No sign shall be permitted to be located in a utility or drainage easement.
    5. The sign must be located adjacent to the main vehicle entrance or building entrance.  The sign must be set back from side lot lines the same distance required for the principal building.
    6. Neon light shall not be permitted lighting for schools or churches.
    7. Flashing signs shall not be permitted.
     
  6. Marquee or Sun Canopy:  
    1. No sign affixed to or an integral part of a marquee shall be less than eight feet above any sidewalk level or its equivalent in the absence of sidewalk installation.  Marquees shall be permitted an area up to double that permitted for free standing signs, provided that the increase in area above that allowed for free standing signs is matched by a reduction in the area of other permitted primary signs.
    2. Only that portion of a sun canopy which is utilized for the purpose of transmitting a message by way of words, letters, figures or logo/symbols instead of designs shall be counted as sign area, according to the rules in Section 63.223(A)(3). The area shall count against permitted wall sign area, but the sun canopy shall not count against the permitted number of primary signs.
  7. Service Canopy:  A service canopy is permitted where outdoor customer service areas are provided.  Fifty percent of the facade may be used for signage devoted to business advertising; product advertising is not permitted.
  8. Portable Signs and Changeable Message Signs Which Are Portable:  Portable signs as defined in Section 63.222 (2), (e) and changeable message signs as defined in Section 63.222 (2), (f) which are portable, are permitted in the B-4, M-1, M-2, Central Development Core/Central Business District and Central Development Core/ Fringe District.  These signs may take the form of a wall sign or free standing sign and require a sign permit.  The signs shall also comply with the regulations listed below:
    1. Such signs shall not exceed twenty-four square feet in area and four feet in height.
    2. Such signs, when authorized by a sign permit, shall be allowed for a period not to exceed fourteen days in any twelve-month period.  The signs shall be removed within two days of the completion of the event or sale they are advertising.  Once the sign permit expires, no additional permits for such signs will be issued for the property in the twelve-month period.
    3. Portable signs shall not be located in any public right-of-way, shall not block any traffic visibility zone, and shall meet all other applicable criteria listed in Section 63.224.
  9. NOVELTY SIGN:  Any portable sign with a structure designed, in whole, to resemble an animal or other character figure and which includes a changeable message sign, either as an integral part of the structure or attached to the structure in some manner.  Such signs are usually transported by means of a trailer.  Such signs may not exceed an overall height of twelve feet, measured from the adjacent grade and including the transporting structure.  The message area on the sign may not exceed twenty-four square feet in area.  Such signs are also subject to the provisions in Section 63.226 (H), (2), (3), except that novelty signs may also be permitted in the public right-of-way upon written approval of the City Engineer.

63.227

Business Centers:  Subdivision 1.  With the exception of uses in the B-5 Residential Commercial Zoning District, each individual tenant within a business center is permitted one wall business sign per primary façade not to exceed 20% of the area of the façade and meeting the requirements of the zoning district and Section 63.225.  One wall business sign per secondary façade is permitted not to exceed 20% of the area of the façade and meeting the following requirements:  

  1. Wall signs are not permitted on secondary walls that face a residential zoning district unless separated by an existing expressway or freeway according to the adopted Thoroughfare plan:
  2. the wall sign must face and be visible from a commercial collector or higher level street or the parking lot serving the business center; and
  3. A total of two wall business signs may be permitted per tenant within a business center.
  Subd. 2.  In addition, one freestanding sign meeting the regulations of the underlying zoning district is permitted at each entrance to the center.  In the B-5 Residential Commercial Zoning District, each tenant is permitted one wall sign meeting the sign standard of the use type in that district.  In addition, one freestanding sign meeting the regulations of the underlying zoning district is permitted at each entrance to the center.  

63.228

Scope:  These sign regulations shall govern all signs located in the city to the extent no preempted by the requirements set forth in the Minnesota Outdoor Advertising Control Act, Minn. Stat. 173.01 et. seq. and the Federal Highway Beautification Act, 23 U.S.C. 131 et. seq. governing the control and regulation of outdoor advertising signs along state and federal highways.    


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Page Last Modified On: Wednesday, June 14, 2006