On the agenda: South St Paul meeting — surveillance camera (May 1)

City of South St. Paul

Chair:
Tim Felton

Planning Commission Agenda

Commissioners:
Geoff Fournier
Tyler Fehrman
James Hart
Ruth Krueger
Brianne Miller
Andrew Hoffman

Wednesday, May 1, 2024
7:00 p.m.

City of South St. Paul
125 Third Avenue North
South St. Paul, MN 55075
Phone: (651) 554-3217
Fax: (651) 554-3271
www.southstpaul.org

Hearing assistance PA system is available – if you need a hearing assistance unit please notify City staff before the meeting.
(If you use the hearing assistance PA system, please remove your hearing aid so it does not cause a feedback problem)

Roll Call
1. Agenda
2. Minutes
A. April 3, 2024

3. New Business
4. Public Hearings
A. Amendment to Honduras Kitchen LLC’s Conditional Use Permit for On-Sale Liquor at 1519 5th Avenue
South

5. Other Business
A. Discussion on Sign Code Overhaul

6. Staff Updates
7. Adjournment

Next Planning Commission Meeting: June 5, 2024
This meeting is being taped by Town Square Television (NDC4): phone: 651-451-7834 web: www.townsquare.tv
Replays can be viewed on Government Channel 18/798 HD on the Saturday following the meeting at 3:00 p.m. & 9:00
p.m.

MINUTES OF MEETING
SOUTH ST. PAUL PLANNING COMMISSION
April 3, 2024

MEETING CALLED TO ORDER BY CHAIR FELTON AT 7:00 P.M.
Present:

Tim Felton, Chair
Geoff Fournier
Tyler Fehrman
James Hart
Andrew Hoffman
Brianne Miller
Ruth Krueger
Michael Healy, Planning Manager

Absent:

None

1)

APPROVAL OF AGENDA – Commissioner Fehrman noted that that his last name was spelled
incorrectly on the agenda - Motion to approve the agenda as corrected– Krueger/Fournier (7-0).

2)

APPROVAL OF MINUTES –March 6, 2024 – Commissioners Fehrman and Hoffman noted their
names were spelled incorrectly in the March 6th minutes- Motion to approve as corrected –
Hart/Fournier (7-0).

3)

NEW BUSINESS

None.
4)

PUBLIC HEARINGS
A. Ordinance Adding Craft Production and Funeral Homes as Allowed Uses in Commercial Zoning
Districts.

Mr. Healy presented the staff report. South St. Paul has 4 commercial zoning districts with a list of uses that are
allowed in commercial buildings. There are some “permitted” uses that are automatically allowed as well as
some “conditional” uses that require review by the Planning Commission and City Council. Craft production is
a new use that was added to the code when the MMM district was created in 2021. Craft production is where a
commercial manufacturing facility offers a retail space within their manufacturing facility for sale of their
product to the public. Examples of this include a brewery with a taproom, an art studio with a production area,
and a production bakery with a storefront. The proposed ordinance would create rules for craft production in the
zoning districts that do not already allow it. The ordinance would also add funeral homes, which are an existing
use, to the list of allowed uses in the C-1 district. The ordinance would also clean up some of the existing
commercial use lists. At the previous meeting, the Planning Commission had asked staff to review if there were
any additional uses that should be added to the code to make the City more business friendly. Mr. Healy
provided feedback on potential areas of the code that could be updated. Staff recommended approval of the draft
ordinance.

Planning Commission Minutes
April 3, 2024
Page 2 of 3
Chair Felton asked staff to confirm that the ordinance before the commission was effectively the same as the
ordinance that was reviewed for a discussion at the previous meeting, minus a few changes. Mr. Healy
confirmed that was correct.
Commissioner Krueger asked about the proposal to allow the “Zoning Administrator” to approve certain
accessory uses in the C-1 district instead of the City Engineer or the Code Enforcement Officer. Mr. Healy
explained that the City Code was written in 1992 at a time when the city did not have a City Planner or Zoning
Administrator and so the City Engineer filled that role. The City Engineer at the time wrote the code to give
him, and sometimes the code enforcement officer, the authority to oversee zoning regulations. Today, the City
Planner is in charge of zoning regulations, so the code is being updated to reflect that the Planner/ Zoning
Administrator has authority over planning decisions. Commissioner Krueger asked who the Zoning
Administrator is. Mr. Healy explained that he was unless he designated someone else as the zoning
administrator.
Chair Felton opened the public hearing.
No one was present to comment on the application and no one was in attendance of the meeting.
Chair Felton closed the public hearing.
Motion to approve as presented an ordinance to add craft production and funeral homes as allowed uses in the
commercial zoning districts- Fehrman/Fournier (7-0).

5)

OTHER BUSINESS

None.
6)

STAFF UPDATES
A. Update on Zoning Preemption Bills.

Mr. Healy provided staff background. At the previous meeting, Mr. Healy had informed the commissioners of
the proposed legislation at the State level that would heavily impact local government’s ability to make local
zoning decisions for housing development. Mr. Healy explained that the bills that had been presented at the
previous meeting were still in draft form and had been revised several time. Some of the “poison pills” in the
original legislation had been removed, such as the proposed 500-foot setback for housing from railroad tracks,
which would have prevented any multi-family housing from being constructed along Concord Street. It is
generally unclear how much support there is for the drafted legislation. The League of Minnesota Cities asked
City Councils to pass resolutions supporting the retention of local zoning authority. South St. Paul’s resolution,
which was passed on Monday, April 1st contained some of the language from the League’s model resolution as
well as some provisions that tells South St. Paul’s unique story and shares the City’s ongoing efforts to make it
easier to build housing through zoning updates. The legislature is in session until May 20th and will consider and
vote on bills until then. If the Commissioners have feedback, they should reach out directly to their state
representative.

7)

ADJOURNMENT

Planning Commission Minutes
April 3, 2024
Page 3 of 3
Motion to adjourn- Hoffman/ Fehrman (7-0).

AGENDA ITEM 4.A
South St. Paul Planning Commission

Prepared By:
Michael Healy, Planning Manager

Meeting Date:
5/1/2024

Item Description:
Public Hearing for an Amendment to Honduras Kitchen
LLC’s Conditional Use Permit for On-Sale Liquor at 1519 5th
Avenue South
ACTION REQUESTED
A motion recommending approval or denial of an amendment to the conditional use permit for on-sale
liquor for Honduras Kitchen LLC.
BACKGROUND/ DISCUSSION
OVERVIEW
Application
The Applicant, Honduras Kitchen LLC, operates a restaurant located in the 5th Avenue Plaza shopping center
at 1515 5th Avenue South. They operate as a “normal” restaurant from 9 AM to 9 PM five days a week and
are also open to the public for lunch on Sundays. Their restaurant space is very large, and they host large
private events and ticketed events on weekends after they close to the public. Most of the ticketed events
are dances where attendees pay a cover charge.
In 2023, a previous restaurant in the Applicant’s space called “Escalon Inc.” was granted a conditional use
permit (CUP) for on-sale liquor. That CUP transferred to Honduras Kitchen LLC when they took over the
restaurant space. One of the conditions of approval in the CUP is that large private events with alcohol which
have over 100 guests must conclude by no later than 12 AM (midnight). The Applicant is seeking an
amendment to the conditional use permit:
1. The Applicant wants large private events with alcohol that have over 100 guests to be allowed to go
until 1 AM on Friday and Saturday nights.
Review Timeline
Application Submittal: April 6, 2024
Planning Commission: May 1, 2024
Tentative City Council Meeting: May 20, 2024
60-Day Review Deadline: June 5, 2024

Background
Tony Lodge has owned the 5th Avenue Plaza shopping center since August 2018. The majority of the 40,000
square foot building is rented out to tenants who own and operate a variety of businesses. Mr. Lodge
previously used the Applicant’s restaurant space for an event center that he ran himself. The City approvals
for the Applicant’s space have evolved over the years:
•

In 2019, Mr. Lodge secured a conditional use permit to operate an event center with a 360-person
capacity. Standalone event centers are not allowed to sell alcohol under State Law, but they can
potentially bring in licensed caterers that are licensed to sell alcohol.

•

In 2023, Mr. Lodge created a new business called “Escalon Inc.” which he had licensed as a
restaurant. Making the business a “restaurant” allowed him to obtain a liquor license and sell alcohol.
Restaurants are a permitted use in the C-1 Retail Business zoning district, and they do not require
Planning Commission or City Council review unless they want to sell alcohol. A conditional use permit
is required to sell alcohol.

•

When Escalon Inc. became a restaurant, it was able to obtain a conditional use permit to sell alcoholic
beverages. The CUP, which was approved in April 2023, has two primary conditions:
1. The Applicant must provide an on-site security officer for the duration of any private event
with over 100 guests where alcohol is provided.
2. Private events with alcohol that have over 100 guests may not begin prior to 8 AM and must
conclude by 12 AM (midnight).

Honduras Kitchen LLC has taken over the restaurant space from Escalon Inc. The Conditional Use Permit
transferred automatically but Honduras Kitchen LLC did need to get a new liquor license, something that
was approved at the April 15th City Council meeting.
When Mr. Lodge started Escalon Inc., his goal was to rent out the space for private events (birthdays,
quinceañeras, etc.). Since most of those events are naturally over by midnight, he did not object to the City
requiring large private events to have a midnight end time as a CUP condition. Honduras Kitchen LLC has a
slightly different business model than Escalon Inc. and part of their business model is hosting ticketed events
with live music and DJ’s. They believe that it puts them at a competitive disadvantage to end their events by
midnight since other similar venues are allowed to host events until at least 1 AM. The midnight closing time
requirement has made it difficult for them to book acts for ticketed events.
Zoning and Comprehensive Plan Guidance
The subject property is zoned C-1 Retail Business and guided “commercial” in the 2040 Comprehensive Plan.
In this zoning district:
•

“Restaurants” are a permitted use. They do not need any special City zoning approvals.

•

On-sale liquor requires a conditional use permit. Any business that wants to sell wine, beer, or liquor
for consumption on-site must get a conditional use permit before they are eligible for a liquor license.
The City can attach “case by case” conditions to the conditional use permit.

Licensing For This Type of Business
The conditional use permit is just one tool that the City uses to regulate this type of business. Honduras
Kitchen LLC will also need to keep two different licenses in good standing to operate with their proposed
business model:
1. They need to hold an on-sale liquor license to sell alcohol. This license is issued by the City Council
and can be revoked for liquor-related code violations. A standard liquor license allows a bar or
restaurant to sell alcohol until 1 AM. Establishments that want to sell alcohol until 2 AM need to
obtain a special license.
2. They need to hold an entertainment license to have any type of event with a DJ or live music where
alcohol is served. This license is issued by the City Council and can be revoked for code violations
related to their DJ’s or live music.
The Planning Commission is not involved with licensing decisions, but City Staff wants to make sure that
commissioners are aware of the existence of these two licensing tools.
Relevant City Code
The following code sections are relevant to this review:
•

Section 118-126 of the City Code governs the C-1 Retail Business zoning district

•

Section 118-40 of the City Code governs Conditional Use Permits.

Tenant Mix in 5th Avenue Plaza
The existing tenant mix in the shopping center is eclectic and includes a daycare, multiple restaurants, a
specialty grocery store, a caterer, and a dance school. Most tenant spaces are currently occupied.
Surrounding Land Uses
North: Properties directly to the north of the site are currently vacant and guided High Density Residential
and zoned R-4: Multiple Family Residential.
East:
Properties directly east of the site are developed with 8-12 unit apartment buildings and are
guided as High Density Residential and zoned R-4: Multiple Family Residential.
South: Directly to the south of the subject property is an industrial building that is located in the City of
Inver Grove Heights.
West:
Properties to the west of the site are located in Inver Grove Heights and developed with
commercial buildings and apartment buildings.

CONDITIONAL USE PERMIT CRITERIA
Conditional Use Permits should be reviewed through the lens of the criteria outlined in the City Code:
(1)

That the conditional use, with such conditions as the commission shall determine and attach, conforms to the
general purpose and intent of this chapter.

(2)

If the application is based on the conditional use provision in this chapter that the issuance conforms to the
general characteristics of the district of which it will become a part.

(3)

That the conditional use will not impede the normal and orderly development and improvement of property
in the neighborhood for uses permitted in the district or districts affected.

(4)

That adequate utilities, access roads, streets, drainage, and other necessary facilities have been or will be
provided.

(5)

That adequate measures have been or will be taken to provide ingress and egress in such a manner as to
minimize traffic congestion and hazards in the public streets.

(6)

In Business districts. Certain uses are considered, as a rule, unsuitable in commercial areas because of
inherent characteristics (e.g., traffic hazards, noise, light glare), proximity to residential areas, the fact that
they tend not to serve nearby residential areas, or may adversely affect nearby permitted business uses.

COMMENTS FROM OTHER DEPARTMENTS
Police Department
Chief Wicke provided comments which are summarized below:
•

During the review of the original CUP in 2023, the Police Department requested that the City Council
require that surveillance cameras be installed at the property as a “condition of approval.” That
request still stands. The Police Department understands that the Planning Commission and City
Council were not supportive of this request in 2023. The Planning Commission and the City Council
were not comfortable with proactively requiring surveillance cameras as a CUP condition. Surveillance
cameras can be required in the future as part of the liquor licensing process if the property has security
issues.

•

The Police Department did receive noise complaints during an event that was held on March 1st. The
noise complaints started coming in around 11:10 PM. The event organizers told the responding
officer that the event would be ending at 12:30 AM.

•

If the CUP is amended to allow events to go later, the Police Department asks that the City Council
consider giving staff additional tools to deal with noise ordinance violations.

DISCUSSION
The City generally does not place strict “conditions of approval” on conditional use permits for on-sale liquor
for restaurants. In areas where there are no nearby residences, these CUP’s often only have one condition
which is that the business must obtain a liquor license. Conditional Use Permit review is “case by case” and
the Applicant’s restaurant is unique in that it has a 360-person capacity and is used as a private event venue
part of the time. It is also located fairly close to a residential neighborhood.

When the original CUP was approved in 2023, the Planning Commission and City Council required large
events with alcohol to end at midnight primarily due to concerns about potential impacts to nearby
residential properties. There was little discussion about this aspect of the CUP because Tony Lodge, the
Applicant in 2023, did not object to the restrictions. Honduras Kitchen, the new holder of the CUP and the
current Applicant, is asking the Planning Commission to revisit that decision from 2023 and consider granting
later hours for events on Fridays and Saturdays. The Applicant did mention in their narrative that they
currently stop alcohol sales at midnight and likely will continue to cut off alcohol at midnight even if the
event is allowed to go an hour later.
Bars and restaurants that hold a liquor license are allowed to serve alcohol until 1 AM. If the owners of
Honduras Kitchen decide that they want to stop offering private events and instead simply become a
restaurant with late-night hours, they would already be allowed to stay open until 1 AM without needing to
amend their conditional use permit. The midnight end time is only for large private events with alcohol.
STAFF RECOMMENDATION
Whether to grant the Applicant’s request is a judgement call that needs to be made by the Planning
Commission and City Council. If the Planning Commission wants to allow the Applicant to hold large private
events with alcohol that go until 1 AM, Staff would recommend that the existing conditional use permit for
on-sale liquor be terminated, and a new conditional use permit issued with the following conditions:
1. Approved Plans. The conditions of this approval are based on the following plans:
a. Application (Lodge Properties)
b. Narrative (Honduras Kitchen)
c. Floorplan Sketch

dated 4/6/2024
April 7, 2024
submitted 10/22/2019

2. Status of Conditional Use Permit for On-Sale Liquor Approved Via Resolution #2023-58. This new
conditional use permit for on-sale liquor shall replace the conditional use permit that was granted in
2023. The Applicant and the Property Owner acknowledge and agree that the previous conditional use
permit is terminated, and they hereby waive any rights related to the previous conditional use permit.
3. Size of Private Events with Alcohol. Private events with alcohol being held at the restaurant shall be
limited to no more than 360 attendees.
4. On-Site Security Officer Required for Large Private Events with Alcohol. The Applicant shall be required
to provide an on-site security officer for the duration of any private event with over 100 guests where
alcohol is provided. Ticketed events are considered private events.
5. Hours for Large Private Events with Alcohol. Private events with alcohol that have over 100 guests may
not begin prior to 8 AM and must conclude by 12 AM (midnight) except that events held on Friday nights
and Saturday nights may go until 1 AM. Ticketed events are considered private events.
6. Liquor License Required. The Applicant must obtain a liquor license prior to beginning alcohol sales. The
Applicant must keep their liquor license in good standing and comply with any requirements attached
to the license.
7. Compliance with Entertainment Licensing Requirements. The Applicant shall obtain an entertainment
license prior to providing any entertainment that requires a license.

8. Compliance with Noise Ordinance. Excessive violations of the noise ordinance may result in the
revocation of the conditional use permit. The City Council, at their sole discretion, shall determine what
constitutes excessive violations.
9. Scope of Conditional Use Permit. This conditional use permit for on-sale liquor shall only apply to the
suite that is being proposed for use as a restaurant by Honduras Kitchen LLC. If any of the other
restaurants in the 5th Avenue Plaza desire to serve liquor, they will need to obtain their own conditional
use permit.
10. Termination of the Conditional Use Permit. The Conditional Use Permit will terminate if improvements
have not substantially begun within one year from the date of approval. The violation of any condition
of approval in the conditional use permit may terminate the conditional use permit(s), following a
hearing by the City Council.
Action Requested
The Planning Commission has the following actions available on the proposed application:
1. Approval. If the Planning Commission wishes to recommend approval of the conditional use permit
amendment, the following action should be taken:
A. Motion to recommend approval of a conditional use permit amendment for on-sale liquor at
Honduras Kitchen.
2. Denial. If the Planning Commission wishes to recommend denial of the conditional use permit, the
following action should be taken:
B. Motion to recommend denial of a conditional use permit amendment for on-sale liquor at Honduras
Kitchen.
If the Planning Commission wants to recommend denial, it will require a finding that the CUP amendment
request is not consistent with one of more parts of the CUP criteria. If the Planning Commission wants to
recommend denial, it could be with a finding that the requested amendment would have a negative impact
on nearby residential areas.
ATTACHMENTS
A. Site Location Map
B. Photographs Showing Proposed Restaurant Location
C. Applicant’s Narrative
D. Floorplan Sketch From 2019
E. Resolution #2023-58 Approving On-Sale Liquor CUP

ATTACHMENT A
SITE LOCATION MAP

ATTACHMENT B
PHOTOGRAPHS SHOWING HONDURAS KITCHEN LOCATION

Honduras Kitchen is Located in Space That Was Previously “Escalon Events and Occasions”

ATTACHMENT C
APPLICANT’S NARRATIVE

ATTACHMENT D
FLOORPLAN SKETCH FROM 2019

ATTACHMENT E
RESOLUTION #2013-58 APPROVING ON-SALE LIQUOR CUP

AGENDA ITEM 5.A

South St. Paul Planning Commission

Prepared By:
Monika Miller, Associate Planner
Item Description:
Discussion on Sign Code Overhaul

Meeting Date:
5/1/2024
Reviewed
Manager

By:

Michael

Healy,

Planning

ACTION REQUESTED
The Planning Commission is asked to discuss proposed updates to the sign code ordinance. In the past
several years, staff have brought forward 2 other ordinances that amended the sign regulations. Staff is
proposing a final sign code update which would address the remaining areas of the sign code that need
reform. The proposed ordinance would reorganize the sign code to improve its readability, legalize painted
wall signs while differentiating them from murals, and create official standards for temporary signs. If the
Planning Commission agrees with Staff that the sign ordinance should be updated, Staff will bring forward a
formal ordinance amendment for a public hearing in June.
BACKGROUND/ DISCUSSION
Background
In the last few years, the City has undertaken several sign code “clean-up” projects aimed at improving the
code and reducing the number of sign variances the City must review each year. These ordinances have been
successful, both in reducing the amount of staff time spent reviewing variances and creating a sign code that
is consistent with the signage needs of businesses. Staff is proposing one final sign ordinance update to
address the remaining issues:
•

The City Code does not line up with the community’s longstanding approach to painted wall signs
and murals.
1. The City Code prohibits all painted wall signs but many of the businesses on Southview
Boulevard and Marie Avenue have unlawfully painted signs on their buildings without
permits. City Staff has never received any complaints about these signs and many other
communities in the metro (i.e. Saint Paul and Edina) allow painted wall signs.
2. In 2006, the Planning Commission and the City Council directed City Staff to allow a “mural”
to be painted on the side of Black Sheep Coffee and instructed Staff not to treat murals like
painted wall signs. However, the City Code was never updated to define what a “mural” is or
distinguish between murals and painted signs. The businesses on Southview and Marie would
likely try to claim that their unlawful painted wall signs are “murals” if challenged.

•

There are inconsistencies in the rules for temporary signs. The City has developed standards for
temporary signs which have been enforced for many years but these standards have never actually
been added to the City Code. This makes it difficult for staff to explain and enforce the regulations for
temporary signs.

•

There are inefficiencies in the organization of certain sections. Many of the sign regulations are
arranged in a hodge-podge manner rather than alphabetically which can make it difficult for staff
and the public to find the appropriate standards for the desired type of signage.

Sign Code Refresher and Recent Code Changes
The City’s sign code regulations live in Article VI of the City Code (starting in Section 118-326). This article
contains subsections which cover a purpose statement, definitions, exceptions from the sign code
requirements, general provisions applicable to all zoning districts, the types of signage permitted by district,
message substitution, and noncommercial speech.
Over the last several years, the City has worked to update the sign code standards to help align the sign
ordinance with the types of signage businesses are installing. These updates have included:
•
•
•
•
•
•

Allowing institutional uses (i.e. churches and schools) to have an appropriate amount of signage even
when they are in residential neighborhoods.
Updating the standards for projecting signs and awnings to allow them in mixed-use areas.
Creating a master sign plan review process to address unique signage needs at shopping centers or
industrial properties over 5 acres in size.
Increasing the allowable sign heights in the commercial and industrial districts to match what was
routinely being approved via variances.
Increasing the amount of allowable signage for large buildings in the commercial and industrial
districts.
Adding a provision to allow each building at the Fleming Field Municipal Airport to have up to 200
square feet of signage.

The changes listed above have substantially reduced the number of sign variances.
What Signage Standards Are Currently in Place?
Painted Signs/Murals
The only regulation South St. Paul has regarding painted signs is in Section 118-337 which lists the types of
signs that are prohibited in South St. Paul. The code prohibits:
“Signs painted onto buildings or walls, or signs painted, attached, or in any other manner affixed to
fences, trees, rocks or other similar natural surfaces or attached to public utility poles, bridges, towers,
or similar public structures.”
The City Code does not define what a “mural” is or differentiate between a painted sign and a mural, so City
Staff has been relying upon Planning Commission and City Council direction given in 2006 regarding murals.
Some cities prohibit painted signs due to their greater need for maintenance and the uncertainty of how to
handle the sign when the business is no longer at the site.

Temporary Signs
Temporary sign regulations can be found in Section 118-336. Temporary signs are allowed in all districts and
are an exception to the general sign rules “when used in conjunction with a promotional item, special
occasion, holiday or sale” and “discontinued within 30 days of installation and be not displayed more than
a total of 120 day per calendar year.” The code also states all temporary signs require a permit, except for
construction signs, real estate signs, sandwich board signs, and community event signs. The exempted signs
have performance standards associated with them that regulate the size and location of these special
temporary signs.
South St. Paul’s temporary sign permit application lists performance standards that have been enforced for
many years including that temporary signs cannot exceed 100 square feet in size, a property can have up to
3 temporary signs as long as the total amount of signage does not exceed 100 square feet, and that
temporary signs cannot be freestanding and must be attached to a building or an existing monument sign.
These standards have never been officially added to the City Code.
General Sign Code Reorganization
This ordinance amendment is structured as a repeal and replace update because a large portion of the
ordinance includes the rearrangement and restructuring of the existing sign regulations. The sign code was
completely overhauled in 2009. Since then, staff have found the structure of the existing sign ordinance to
be cumbersome. Additionally, the sign code is not alphabetized which reduces the readability of the code.
Staff would like to restructure each of the code sections as well as move around relevant performance
regulations to locations that are more intuitive, and alphabetize each section of the code to improve
readability.
Proposed Updates
Painted Signs and Murals
In the last several years, South St. Paul’s passionate artists have been painting the sides of South St. Paul
buildings with art that often promotes the business in the same way that a sign would. The locations in South
St. Paul with painted wall art include Farmers Insurance Building (620 Southview Boulevard), Maple Tree
Day School (1002 Marie Avenue), the School District Office Building (104 5th Avenue South), Black Sheep
Coffee (820 Southview Boulevard), the Coop (157 3rd Avenue South), Southview 66 (725 Southview
Boulevard), Pounce and Fetch (512 Southview Boulevard), and Complete Events (525 Southview Boulevard).
South St. Paul’s sign code currently prohibits painted signs. While these paintings may appear to be
harmless, there could be issues if the City gets a complaint and attempts to enforce the sign ordinance
against one business’s painted wall sign while ignoring some of the others and calling them “murals.” As
previously stated, the City Code does not clearly distinguish between a painted wall sign and a mural.
Regulating creative painted expressions is tricky because regulations can unintentionally violate the first
amendment. Cities can regulate the physical characteristics of a property’s signage such as size, height,
shape, number and location, but a City cannot regulate the content of a sign except for prohibiting obscene
content (i.e. graphic sexual content). Whether painted art is considered a sign usually comes down to
whether the painted art constitutes commercial speech. This process is rarely straightforward and there
have been numerous U.S. Supreme Court rulings that have restricted Cities’ ability to regulate signs and
murals.

The draft ordinance would codify the approach to murals that the City of South St. Paul has taken since 2006
while also officially legalizing painted wall signs and subjecting them to the same regulations that govern
other wall signs. The new language would clarify that painted wall signs are different than murals and would
they would be defined as such. Murals would be defined and listed as an exempt type of sign that the city
does not regulate as long as they are going on a building with commercial or industrial zoning or onto an
institutional building like a church or school. Painted signs would be regulated the same way as other wall
signs and would require a permit.
Temporary Sign Regulations
Staff drafted language to codify the standards for temporary signs found on the temporary sign permit
application as well as to update and reorganize some of the existing types of temporary signs. The standards
for commercial temporary signs that are listed on the back of the city’s sign permit application would be
codified as the official performance standards for temporary signs that require a permit. These standards
include a maximum number of temporary signs that can be at one property (3 signs), a limit to the amount
of temporary signage that can be at one property (100 square feet), language that clarifies that temporary
signs need to be located on private property, and that temporary signs cannot be illuminated.
Temporary signs that do not require a permit, such as real estate signs, constructions signs, or community
event signs, would have their own section that lists individual performance standards for each type of sign.
Certain types of signs that are not really signs and that the City has no interest in regulating, such as house
numbers, directional signs within a parking lot, noncommercial flags, murals, and walk up window menu
signs, would continue to live in the “exceptions” section of the City Code. By separating these types of
temporary signs into two sections, the code becomes easier to read and clearly differentiates what types of
temporary signage the City does regulate.
Historically, the city has required temporary signs that need a permit to be either attached to a wall or an
existing monument sign. Staff would encourage the Planning Commission to discuss whether they feel that
this is an appropriate regulation or if this standard is too stringent. Freestanding temporary signs often
consist of a banner that is strung between two wooden or metal posts. These signs are frequently placed at
properties that do not have an existing monument sign and have difficulty finding a wall to hang the sign on.
This standard has only ever applied to temporary signs that require a permit. Several of the “exempt”
temporary signs are inherently freestanding, such as real estate signs. The Planning Commission should
discuss whether they are ok with the aesthetics of legalizing freestanding temporary signs.
Proposed Updates
Staff is proposing the following amendments to the existing code:
•
•
•
•
•
•
•

Create a definition for “mural”.
Add painted signs as an allowable type of wall sign.
Update the list of exempted signs to include murals, internal wayfinding signs, and window signs.
Update the rules for temporary signs to codify the rules that the City has been utilizing for the past
decade.
Clarify how sign area is calculated depending on whether a proposed sign is in a frame or not.
Eliminate the definition for “cabinet and box signs” which are simply a type of wall sign and do not
need their own unique code requirements.
Reorganize the sign code provisions for improved order and readability.

•

•
•
•

Increase the number of monument signs allowed for institutional uses that are on a site that is
greater than 1 acre in size to one monument sign per street frontage. Each monument sign would
only be allowed to be 32 square feet. Only one monument sign would be allowed to have a dynamic,
electronic changeable copy, or electronic graphic display.
Increase the maximum amount of signage allowed in the CGMU-1 district for properties that have
frontage on Concord Street and Concord Exchange by 0.5 per lineal feet of building frontage along
the secondary public street.
Simplifies the regulations for drive-through signs to allow up to two drive-through signs that are the
same size on a property with a drive-through facility.
Add additional content to the “Purpose” section of the sign ordinance to further refine the purpose
and intent of the regulations.

Discussion
There is no one “right answer” when it comes to regulating signage and different communities have different
standards based on the aesthetic goals of each community. In drafting the proposed ordinance, Staff has
tried to create design standards that are consistent with signage that has been approved in South St. Paul in
the past, often via variances and Planned Unit Development approvals. Some of the proposed changes are
the result of recent US Supreme Court rulings on free speech that have impacted the City’s ability to regulate
signs. Some of the proposed changes reflect the South St. Paul business community desiring to use some
types of signage that are currently prohibited, such as painted wall signs.
Action Needed
Staff is looking for feedback from the Planning Commission regarding the proposed amendments to the
signage code. Staff is specifically looking for feedback on the following:
•

Is the Planning Commission comfortable with the proposal to codify the City’s longstanding approach
to “murals” and also officially legalize painted wall signs?

•

Is the Planning Commission supportive of legalizing freestanding temporary signs?

•

Are there any standards the Planning Commission would like to discuss further?

If the Planning Commission is generally supportive of this code update, Staff will bring a polished draft of
the ordinance to the June 5th meeting for a public hearing.
ATTACHMENTS

A. Proposed Sign Ordinance
B. Examples of Freestanding Temporary Signs

ATTACHMENT A
PROPOSED SIGN ORDINANCE
CITY OF SOUTH ST. PAUL
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 14XX
AN ORDINANCE REPEALING AND REPLACING CHAPTER 118, ARTICLE VI OF
THE SOUTH ST. PAUL CITY CODE RELATING TO SIGNS
SECTION 1. REPEAL AND REPLACE. South St. Paul City Code Chapter 118, Article VI is
hereby repealed and replaced as follows.
ARTICLE VI. SIGNS
Sec. 118-326. Findings, Purpose and Effect
(a) Findings. The City Council hereby finds as follows:
1. Exterior signs have a substantial impact on the character and quality of the
environment.
2. Signs provide an important medium through which individuals may convey a
variety of messages.
3. Signs can create traffic hazards, aesthetic concerns and detriments to property
values, thereby threatening the public health, safety and welfare.
4. 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.
(b) Purpose And Intent. It is not the purpose or intent of this Article to regulate the message
displayed on any sign; nor is it the purpose or intent of this Article 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 Article is to:
1. 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.
2. Maintain, enhance and improve the aesthetic environment of the City by preventing
visual clutter that is harmful to the appearance of the community.
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3. 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.
4. Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the City.
(c) 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 Article, as more
specifically set forth herein, is to:
1. 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.
2. 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.
3. 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.
4. Provide for the enforcement of the provisions of this Article.
(d) Severability. If any subsection, sentence, clause, or phrase of this Article 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.
Sec. 118-327. Definitions.
For the purposes of this Article, words and terms shall have the following meanings and follow
the rules set forth in Code Section 118-7.
A-frame sign means a movable freestanding sign hinged at the top or attached in a way that
forms a similar shape to the letter “A” when viewed from the side. A-frame signs are only allowed
on a temporary basis and may not be used as permanent signage.
Abandoned sign means any sign and/or its supporting sign structure that remains without a
message or whose display surface remains blank for more than one year or that pertains to a time,
event, or purpose that no longer applies. Abandoned signs are not legally established
nonconforming signs.
Address sign means a sign on a building used for proper identification of the location of the
property.
Area identification sign means a sign on private property, which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex, a shopping center or area,
an industrial park, an office park, or any combination of the above, but does not specifically
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identify the individual businesses therein. An area identification sign must be a freestanding sign
unless a different type of sign is explicitly authorized by this ordinance for a specific use.
Awning means a roof-like cover, often of fabric, plastic, metal, or glass, designed and intended
for protection from the weather or as a decorative embellishment, that projects from a wall or roof
of a structure primarily over a window, walk, or the like. Any part of an awning that also projects
over a door shall be considered an awning.
Awning sign means a sign or graphic printed on or in some fashion attached directly to the
awning material. An awning sign is a form of a projecting sign.
Balloon sign means a sign consisting of a bag made of lightweight material supported by
helium or hot or pressured air that is greater than 24 inches in diameter.
Banner means any sign of lightweight fabric or similar material mounted to a pole or a
building at one or more edges. Flags, as defined herein, shall not be considered banners.
Building frontage means the exterior building wall of a principal building that face a public
street. When no exterior building walls are parallel to a street, the building frontage shall be the
exterior wall that is most oriented towards the street. If a building façade has multiple wall
segments that all face the same public street, these walls shall all be considered part of the building
frontage.
Building marker means memorial signs or tablets, names of buildings, and date of erection
when cut into any masonry surface or inlaid so as to be part of the building or when constructed
of bronze or other noncombustible material.
Canopy means a roof-like cover, often of fabric, plastic, metal, or glass on a support that
provides shelter over a doorway.
Canopy sign means any sign that is part of or attached to a canopy made of fabric, plastic, or
any other structural protective cover over a door or entrance. A canopy sign is a form of a
projecting sign.
Commercial speech means speech that is advertising a business, profession, commodity,
service, or entertainment.
Directional sign means a sign erected for the purpose of directing vehicular or pedestrian
traffic within a commercial or multi-family property.
Drive-through sign means a sign located on the site of an allowed drive-through use.
Directional signs are not considered drive-through signs.
Dynamic display sign means a sign with any characteristics that appear to have movement or
that appear to change, caused by any method other than physically removing and replacing the
sign or its components, whether the apparent movement or change is in the display, the sign
structure itself, or any other component of the sign. This includes a display that incorporates a
technology or method allowing the sign face to change the image without having to physically or
mechanically replace the sign face or its components. This also includes any rotating, revolving,
moving, flashing, blinking, or animated display and any display that incorporates rotating panels,
LED lights manipulated through digital input, "digital ink" or any other method or technology that
allows the sign face to present a series of images or displays.

Page 3 of 30

Dynamic display off-premises sign means an off-premises sign or portion thereof that displays
electronic static or dynamic text, images, graphics, or pictures where the message change sequence
is accomplished by any method other than physically or mechanically removing and replacing the
sign face or its components, whether the apparent movement or change is in the display, the sign
structure itself, or any other component of the billboard. This includes a display that incorporates
a technology or method allowing the sign face to change the image without physically or
mechanically replacing the sign face or its components. This also includes, but is not limited to,
any display that incorporates light bulbs, fiber optics, LED lights manipulated through digital
input, “digital ink”, or any other method or technology that allows the sign face to present a series
of text, images, or displays. An off-premises sign is a sign that bears a message promoting a use
that is not located on the subject property or premises..
Electronic changeable copy sign means a sign or portion thereof that displays electronic,
nonpictorial, text information in which each alphanumeric character, graphic, or symbol is defined
by a small number of matrix elements using different combinations of light emitting diodes
("LEDs"), fiber optics, light bulbs, or other illumination devices within the display area. Electronic
changeable copy signs include computer programmable, microprocessor controlled electronic
displays.
Electronic graphic display sign means a sign or portion thereof that displays electronic, static
images, static graphics, or static pictures, with or without text information, defined by a small
number of matrix elements using different combinations of LEDs, fiber optics, light bulbs, or other
illumination devices within the display area where the message change sequence is accomplished
immediately or by means of fade, re-pixalization, or dissolve modes. Electronic graphic display
signs include computer programmable, microprocessor controlled electronic or digital displays.
Electronic graphic display signs include images or messages with these characteristics projected
onto buildings or other objects.
Erect means the activity of constructing, building, raising, assembling, placing, affixing,
attaching, creating, painting, drawing, or any other way of bringing into being or establishing.
Flag means any fabric or similar lightweight material attached at one end of the material,
usually to a staff or pole, so as to allow movement of the material by atmospheric changes and that
contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
Freestanding sign means a sign that is placed in the ground and not affixed to any part of a
structure or building.
Freeway is a principal arterial highway, as defined in the comprehensive plan.
Freeway sign means an on-premises pylon sign that is located on the property of the business
for which it is identifying and is immediately adjacent to a freeway.
Grade means the final ground elevation after construction. Earth mounding criteria for
landscaping and screening is not part of the final grade for sign height computation.
Gross sign area means the method of calculating the allowable square footage of signs. The
stipulated maximum gross area for a sign refers to a single facing. Freestanding signs which are
V-shaped be considered as two signs. Gross area shall be calculated as follows:
(a) Signs with a frame: The area within the frame, including all lettering, wording, and
accompanying designs and symbols, together with all the background, whether open or
Page 4 of 30

enclosed, on which they are displayed, including a message board. The area shall not
include the main support structure but shall include any other ornamental attachments
that are not a part of the main support of the sign.
(b) Signs without a frame: The gross area shall be the smallest rectangle that encompasses
all of the letters or symbols.
Height means the vertical distance measured from the base of the sign at grade to the top of
the highest attached component of the sign.
Illegal sign means a sign that is erected without first complying with all City ordinances and
regulations in effect at the time of its construction and erection or use. Abandoned signs, unsafe
signs, and signs attached to vacant buildings are also illegal signs.
Illuminated sign means any sign that contains an element designed to emanate artificial light
internally or externally.
Interior sign means a sign which is located within the interior of any building, or within an
enclosed courtyard, that is not visible from the property line or public right-of-way.
Legally established nonconforming sign means any sign and its support structure lawfully
erected prior to the effective date of this article that fails to conform to the requirements of this
article. A sign that was erected in accordance with a variance granted prior to the adoption of this
article and does not comply with this article shall be deemed to be a legally established
nonconforming sign.
Master Sign Plan means a written document describing all proposed signage for a specific
site, development or complex, submitted by the owner/manager. It shall, at a minimum, include
sign type, location, and size information for all signage that will be installed.
Monument sign means any freestanding sign independent from any building or other structure
that is mounted on the ground or mounted on a base at least as wide as the sign. A monument sign
is typically solid from grade to the top of the structure; however, a monument sign may include
open area below the face of the sign if the sign complies with the monument sign supporting sign
structure design criteria.
Mural means a work of art intended as artistic expression and not as a commercial message
and is hand-painted or hand-tiled directly on to the exterior wall of a commercial property used for
a commercial, industrial or institutional use. A mural does not include displays with electrical or
mechanical components or a changing image art display.
Noncommercial speech means the dissemination of messages not classified as commercial
speech which include, but are not limited to, messages concerning political, religious, social,
ideological, public service, and informational topics.
Nonelectronic changeable copy sign means a sign or portion thereof that has a readerboard
for the display of text information in which each alphanumeric character, graphic, or symbol is
defined by objects, not consisting of an illumination device, that may be changed or re-arranged
manually or mechanically with characters, letters, or illustrations that can be changed or rearranged
without altering the face or the surface of the sign.
Off-premises sign means a sign bearing a commercial message that is located on property that
is not the premises, property, or site of the use identified or advertised on the sign.
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On-premises sign means a sign bearing a commercial message that is located on the premises,
property, or site of the use identified or advertised on the sign.
Pennant means a relatively long, tapering flag.
Projecting sign means a sign that projects from a wall or other surface. Examples may
include, but are not limited to awning, canopy, and wall signs.
Pylon sign means any freestanding sign that has its supportive structure(s) anchored in the
ground and a sign face elevated above ground by pole(s) or beam(s) with an open area below the
face of the sign. A pylon sign shall have a minimum height of ten feet and a maximum height as
established by the zoning district.
Roof sign means any sign erected wholly upon the roof or parapet of a building that is wholly
or partially supported by the building upon which it is erected.
Rotating sign means a sign that revolves or rotates on an axis.
Sign means any structure, fixture, placard, announcement, declaration, device, demonstration,
or insignia used for direction, information, identification, or to advertise or promote any business,
product, goods, activity, services, ideas, or interests. A sign shall not be deemed to be include any
transparent window cling(s); architectural embellishment(s) of a building not intended to
communicate information; any sign or structure that is not visible from an adjacent street, property
line or building on an adjacent property.
Static off-premises sign means an off-premises sign or portion thereof that displays static text
or images which can only be modified by physically or mechanically removing and replacing the
sign face or its components. A static off-premises sign is an entirely different type of sign than a
dynamic display off-premises sign and it is not permissible for the owner of a lawful
nonconforming static off-premises sign to intensify their nonconformity by converting any part
the static off-premises sign to a dynamic display off-premises sign. An off-premises sign is a sign
that bears a message promoting a use that is not located on the subject property or premises.
Temporary sign means a sign that can be easily installed and removed and is intended to be
displayed for a short period of time as further defined in this Article.
Unsafe sign means any sign that is out of order, in disrepair, rotten, hazardous, or in any other
manner unsafe.
Video display sign means a sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not include
text, and depicts action or a special effect to imitate movement, the presentation of pictorials or
graphics displayed in a progression of frames which give the illusion of motion, including but not
limited to the illusion of moving objects, moving patterns or bands of light, or expanding or
contracting shapes. Video display signs do not include electronic changeable copy signs. Video
display signs include images or messages with these characteristics projected onto buildings or
other objects.
Walk-up Window Sign means a sign located next to a walk-up window which is oriented
towards customers engaging in transactions at the window and features text that is not easily
readable by passing vehicular traffic.
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Wall means any structure that defines the exterior boundaries or courts of a building or
structure and that has a slope of 60 degrees or greater with the horizontal plane.
Wall sign means a sign painted or fastened to the exterior front, rear, or side wall of a building
or structure that does not extend vertically above the highest portion of the roof.
Window sign means a sign designed to communicate information about an activity, business,
commodity, event, sale or service that is placed inside a window or upon the window glass so as
to be primarily visible from the exterior of the building or structure.
Sec. 118-328. Permits Required.
(a) It shall be unlawful for any person to erect, alter, replace, or relocate any sign without first
obtaining a permit and paying the required fees, except as herein otherwise provided,
including those approved through the Master Sign Plan process. All signs must be
constructed in accordance with all applicable City Code provisions, including permits and
fees.
(b) If the sign requires electricity, it must be installed in accordance with the current electrical
code and a separate permit from the building official may be necessary prior to placement.
(c) Freestanding signs may require a building permit in addition to a sign permit at the
discretion of the Building Official. If a building permit that is based on the project value is
required, the fee for the sign permit shall be waived.
Sec. 118-329. Exceptions.
The following signs do not require a sign permit and do not count towards the total amount of
signage allowed at a property, provided they meet the performance standards as described in this
Article and conform to any other provisions of the City Code.
(a) Address signs.
(b) Building markers.
(c) Directional signs, which shall not exceed 6 square feet in gross area and 5 feet in height.
(d) Murals in the following situations:
(1) Murals on a property with commercial or industrial zoning that is being used for a
commercial or industrial use.
(2) Murals on a property that is being used for a public or institutional use.
(3) Murals on residential buildings containing at least 4 dwelling units that have CGMU
or MMM zoning.
(e) Noncommercial flags.
(f) Signs of the City, county, state or federal government and subdivisions and agencies
thereof.

Page 7 of 30

(g) Walk-up window signs that are oriented towards customers engaging in a transaction at a
walk-up window and which feature text that is not readily readable by passing traffic.
Electronic changeable copy walk-up window signs require a conditional use permit and are
not considered an exempt sign.
(h) Window signs when located in the C-1, CGMU, GB, and MMM districts may be placed
within a building, however the window coverage shall not exceed 30 percent of each
window. There shall be no more than a maximum area of 80 square feet per street frontage
for window signs. Electronic changeable copy window signs require a conditional use
permit and are not considered an exempt sign.
Sec. 118-330. Prohibited Signs.
(a) Abandoned signs.
(b) Balloon signs.
(c) Flags other than noncommercial flags.
(d) Graffiti.
(e) Illegal signs.
(f) Off-premises signs, except A-frame signs as permitted in Code Section 118-331 and
dynamic display off-premises signs as allowed in Section 118-334.
(g) Permanent banners or pennants, except those permitted by Minn. Stats. § 412.221, Subd.
34.
(h) Permanent sale signs.
(i) Portable (trailer) signs.
(j) Pylon signs.
(k) Roof signs.
(l) Revolving or rotating signs.
(m) Search lights or strobe lights.
(n) Signs containing content classified as "obscene" as defined by Minnesota statutes, section
617.241.
(o) Signs containing audio speakers or any form of pyrotechnics, except drive-through signs
which may have audio speaker systems.
(p) Signs that physically obstruct windows, doors, fire escapes or an opening intended to
provide ingress or egress to any structure or building.
(q) Signs painted, attached, or in any other manner affixed to fences, trees, rocks, or other
similar natural surfaces, or attached to public utility poles, bridges, towers, or similar public
structures.

Page 8 of 30

(r) Signs that appear in color or design to resemble a traffic sign or signal or that make use of
words, symbols, or characters in such a manner as to interfere with, mislead, or confuse
pedestrian or vehicular traffic.
(s) Signs that are affixed to vehicles or trailers that are not in use or are parked in such a fashion
as to serve as additional freestanding signs. Permanent signs on operable commercial
vehicles or trailers (that are used as part of the everyday operation of the business) are not
prohibited by this section and are allowed.
(t) Unsafe signs.
(u) Video display signs.
Sec. 118-331. Temporary Signs.
Temporary signs for the purpose of commercial speech in a commercial or industrial district,
except those listed in Code Section 118-329 or exempted below, are subject to the following
requirements:
(a) Temporary Sign Performance Standards
(1) Temporary signs require a permit unless otherwise listed below.
(2) Temporary signs shall be located on private property and outside of the public rightof-way.
(3) Temporary signs may be free standing or mounted onto an existing structure (such as
a wall or an existing monument sign).
(4) Temporary signs do not count towards the total amount of signage allowed at a
property.
(5) No individual sign shall exceed 6 feet in height.
(6) A property may have up to 3 temporary signs on the premises at one time.
(7) The total amount of temporary signage allowed at one time shall not exceed 100 square
feet in area.
(8) All temporary signs must be discontinued 30 days after installation.
(9) A property cannot have temporary signage displayed at the site for more than 120 days
per calendar year.
(10) Temporary signs may not be illuminated.
(11) Temporary signs may not be installed in a manner that obstructs sight lines at a street
intersection and their placement is subject to the provisions of Section 118-246(c).
(b) Temporary Signs That Do Not Require a Permit
(1) A-frame signs when located in the C-1, CGMU-1, CGMU-2, and MMM districts and
for institutional uses in residential zoning districts provided they comply with the
following:
Page 9 of 30

a. There shall be no more than one A-frame sign per property.
b. The A-frame sign is made of durable, exterior-grade materials that are weatherresistant.
c. The A-frame sign is located on the street frontage directly in front of the building
which the A-frame sign is for.
d. The A-frame sign must be located behind the curb and in such a manner as to
prevent obstructing access to vehicles using on street parking.
e. The A-frame sign must not obstruct a driveway or public sidewalk, trail, road, or
other public right-of-way.
f. The A-frame sign is no larger than 8 square feet and no greater than 4 feet in height.
g. The A-frame sign must be removed at the close of business and stored inside a
building when the business is closed. The A-frame sign must not be permanently
attached to the ground, building, or any other surface.
(2) Community event signs provided they are displayed for no more than 30 days prior to
the event and are removed no more than 2 days after the event.
(3) Signs on ballfield fences no larger than 32 square feet and occupying no more than 70
percent of the fence.
(4) Signs for an active construction site. Signs at an active construction site may be up to
96 square feet in size and are allowed on any property with an active building permit
provided that the sign is removed upon completion of the project. Only one (1) such
construction sign is permitted per lot. In addition to this allowance, in the MMM,
CGMU, C-1, I, and I-1 districts, unlit construction banner signs may be affixed to
temporary security fencing surrounding the construction site provided that the
banners are kept in good repair, do not extend beyond the top of the fence, and all
temporary fencing and banners are removed at the completion of the project.
(5) Signs on a residential property provided the sign is not affixed to any structure, the
total number of signs does not exceed two (2), and the total size of the two signs does
not exceed six (6) square feet. These provisions do not apply to election signs as
regulated in Code Section 118-342.
(6) Signs for the purpose of selling or leasing real property. Such signs must be removed
within 7 days following the lease or sale of the property or premises and they comply
with the following size restrictions:
a. In the R-1 and R-2 districts, an individual sign shall not exceed 9 square feet in
gross area.
b. In the R-3 and R-4 districts, an individual sign shall not exceed 18 square feet in
gross area.
c. In the CGMU-1 and CGMU-2 districts, an individual sign shall not exceed 24
square feet in gross area.
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d. In the C-1, GB, MMM, and I districts, an individual sign shall not exceed 32 square
feet in gross area.
Sec. 118-332. General Provisions
The following provisions shall apply in all zoning districts.
(a) Illumination. In general, all lighted signs shall comply with the standards for exterior
lighting found in Section 118-245, unless otherwise listed in this section. Illuminated signs
may be internally or externally lighted. External illumination for signs shall be constructed
and maintained so that the source of light is not visible from an adjacent property or the
right-of-way.
(b) Legally established nonconforming signs. Legally established nonconforming signs are
subject to the provisions found in Minnesota Statute § 462.357.
(c) Location and setback. Except for projecting signs, attached wall signs, awning and canopy
signs, dynamic display off-premises signs, and signs that are listed as exceptions in Code
Section 118-329, signs in all zoning districts shall be located at least 5 feet from all lot
lines. No freestanding signs shall be located within the traffic visibility triangle.
(d) Repairs and removal.
(1) Abandoned signs. Any abandoned sign shall be removed or otherwise properly
brought into compliance by the property owner upon receipt of notice to do so given
by the City. In the case of a painted sign, removal shall mean the complete
repainting of the background on which the sign is painted.
(2) Illegal signs. Any fixed sign constructed, placed, or maintained in violation of this
Article shall be removed by the property owner upon receipt of notice to do so given
by the City.
(3) Unsafe signs. Any unsafe sign shall be removed or otherwise properly secured by
the property owner upon receipt of notice to do so given by the City.
(e) Signs constituting a public nuisance. Any abandoned, illegal, or unsafe sign is hereby
declared to be a danger to the health, safety, and welfare of the citizens of South St. Paul
and is declared to be a public nuisance subject to abatement and assessment, except that
legally established nonconforming signs shall not be abated until they have been
abandoned for more than one year.
Sec. 118-333. On-Premises Signs
(a) Awning and canopy signs. Awning and canopy signs shall comply with the following
requirements:
(1) They shall be limited to single-story buildings or to the first level only of multistory buildings.
(2) They shall have a minimum clearance of 8 feet above grade.
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(3) The maximum height of an awning or canopy shall be 5 feet.
(4) No awning shall project over a public sidewalk or into a public right-of-way without
the approval of the City Engineer.
(5) Illuminated canopy and awning signs shall comply with the following lighting
requirements:
a. On nonresidential buildings in residential districts, the direct source of
light shall not be visible from the public right-of-way or adjacent
residential use or district.
b. For signs or illuminated areas less than 3 feet in height, the degree of
illumination or candlepower of illuminated canopies and awnings shall be
limited to a single lamp exterior fluorescent fixture, running the entire
length of the illuminated area.
c. For signs or illuminated areas 3 to 5 feet in height, the degree of
illumination or candlepower shall be limited to double lamp fixtures.
d. In no event shall the power of the fixture exceed 10 watts per foot for
single lamp fixtures and 20 watts per foot for double lamp fixtures.
(b) Drive-through sign. Drive-through signs are allowed in addition to other permitted signs
on site and shall not be used to calculate the maximum signage for the property. Drivethrough signs are subject to the following performance standards:
(1) Number. Each business with a drive-through facility is allowed to have two drivethrough signs.
(2) Area. The maximum size of a drive-through sign is 50 square feet.
(3) Height. The height of a drive-through sign shall not exceed 6 feet.
(4) Location. Drive-through signs must be located adjacent to the drive-through aisle
and all portions of the signs must be located at least 10 feet from the property line.
When a site directly abuts a residential use, a drive-through sign must be set back
at least 75 feet from the residential property line.
(5) Illumination. Illumination is permitted.
(6) Electronic changeable copy drive-through signs. A drive-through sign may be an
electronic changeable copy sign if expressly allowed through its conditional use
permit. Such signs shall be oriented so that their content is not readily visible to
individuals who are not using the drive-through facility and the City may require
screening to avoid negative impacts to neighboring properties.
(c) Dynamic display, electronic changeable copy, and electronic graphic display signs. The
following standards apply to dynamic display signs, electronic changeable copy, and
electronic graphic display signs:

Page 12 of 30

(1) A Conditional Use Permit is required for all dynamic, electronic changeable copy,
or electronic graphic display signs.
(2) Maximum size of the sign. An electronic dynamic display or electronic graphic
display sign shall not exceed 75 percent of the maximum size permitted for a
freestanding sign in that district.
(3) Number of signs and distance to other electronic signs. There shall be no more than
1 electronic sign per property and each sign must be located at least 60 feet from
any other electronic sign on any other property as measured in a straight line from
the base of the sign to the base of any other electronic sign.
(4) Distance to residential uses: Each sign shall be located at least 60 feet from a
residential use, as measured in a straight line from the base of the sign to the nearest
lot line of the residential use. In the case of a mixed-use development that includes
residential uses a sign may be located less than 60 feet from a residential use within
that same development provided that the residential use(s) are located at a
significantly higher elevation or similar means of reducing the impact of the
brightness and impact of the sign to equate to the straight-line distance of 60 feet.
(5) Display hold time. In all non-residential districts, no part of a display shall change
more than once every 8 seconds.
(6) Transitions: Display transitions shall be limited to 1 second. Transitions such as
slideshow and fade/dissolve may be used.
(7) Illumination limits. The difference between the off and solid-message
measurements using the electronic sign measurement criteria shall not exceed 0.3
footcandles above ambient levels when measured using the chart below.
Measurement should be taken according to the procedures outlined by the
International Sign Association.
Sign Area Versus Measurement Distance
Area of Sign
(sq. ft.)

Measurement
Distance (ft.)

10

32

15

39

20

45

25

50

30

55

35

59

40

63

Page 13 of 30

45

67

50

71

55

74

60

77

65

81

70

84

75

87

80

89

85

92

90

95

95

97

100

100

*For signs with an area in square feet other than those specifically listed in the table (i.e. 12
square feet, 112 square feet, etc.) the measurement distance may be calculated with the
following formula: Measurement Distance = the square root of (Area of the sign square feet
times 100).
(8) Dimming capabilities. All permitted electronic signs shall be equipped with a
sensor or other device that automatically determines the ambient illumination and
shall be programmed to automatically dim adjusting to ambient light conditions, or
that can be adjusted to comply with the 0.3 footcandle measurements. These signs
must also be equipped with a means to immediately turn off the display or lighting
if it malfunctions, and the sign owner or operator must immediately turn off the
sign or sign lighting when notified by the City that the sign is not complying with
the standards in this section.
(d) Freestanding signs. Except for area identification signs, no more than 1 permanent
freestanding sign shall be located on any single property unless otherwise is stated 118335. Freestanding signs shall be at least 100 feet from any other freestanding sign on a
different street frontage on the same property. The total gross area of all the signs on the
property cannot exceed the maximum aggregate signage for the property.
(e) Freeway Signs. Freeway signs are only allowed by a conditional use permit in the general
business (GB), light industrial (I-1) and industrial (I) zoning districts and are subject to
following conditions:

Page 14 of 30

(1) One freeway sign is allowed per property.
(2) The maximum gross area of a freeway sign shall not exceed 200 square feet in area
and 15 feet above the height of the interstate roadway surface at the point thereof
nearest the sign.
(3) The sign must be located on the portion of the property closest to the freeway and
may not be closer than 350 feet from any other freeway sign on the same side of
the freeway, as measured in a straight line from the base of the sign to the base of
any other freeway sign.
(4) A property with a freeway sign shall be allowed to have a maximum aggregate
property signage of at least 300 square feet in gross area.
(5) The supporting structure of a freeway sign shall be comprised of brick, stone,
stucco, synthetic stucco, concrete masonry units (CMU) that are textured,
burnished or decorative or factory finished metal panels. Exterior construction
materials must be maintenance-free and colored only by means of a pigment
integral to the material, not applied to the surface and must be compatible with the
building(s) on the lot. The maximum number of supports per sign shall be two. All
supports shall be vertical. No cable shall be used to support the sign.
(f) Monument Signs.
(1) Monument Sign Base. The supporting base of a monument sign shall be comprised
of brick, stone, stucco, synthetic stucco, concrete masonry units (CMU) that are
textured, burnished or decorative, or factory finished metal panels. Exterior
construction materials must be maintenance-free and colored only by means of a
pigment integral to the material, not applied to the surface and must be compatible
with the building(s) on the lot. The term "compatible" shall include but is not
limited to materials that are consistent with the principal architectural features and
colors of the building identified by the sign.
(2) Landscaping Design. A monument sign shall be incorporated into a landscaping
scheme or planter box. Monument signs may incorporate additional berming into
its landscape design on a slope of 3 to 1 where the berming is incorporated into an
overall landscaping design plan. The maximum height of the berm shall be three
feet above the adjacent street grade. Landscaping shall be provided on the slopes of
the berm in an interesting and varied appearance. Where a planter box is
incorporated, the landscaping shall occur in and around the planter with a similar
attractive design.
(3) Number of sign supports. The maximum number of supports per sign shall be 2.
All supports shall be vertical. No cable shall be used to support the sign.
Page 15 of 30

(4) Height and Size. The total height of a monument sign, including the planter box,
berm, and sign graphic, shall not exceed the maximum height for a sign permitted
in the underlying zoning district. The gross area of a monument sign shall not
exceed 100 square feet.
(g) Pylon Signs. Pylon signs are prohibited in all zoning districts except for the following:
(1) Freeway signs may be allowed by conditional use permit in the General Business
(GB), Industrial (I), and Light Industrial (I-1) zoning districts. Unless a more
restrictive size is stated in a particular zoning district, a freeway sign shall not
exceed 15 feet above the height of the interstate roadway at the point thereof nearest
the proposed sign. The gross area of the individual sign shall not exceed 200 square
feet. When in conflict, the more restrictive size shall apply.
(h)

Wall Signs.
(1) Attached wall signs (including painted wall signs). Attached wall signs must be flat
and parallel to the surface of the building and project no more than 12 inches.
Attached wall signs may project into a public right-of-way or beyond a legal
setback line up to 12 inches, provided such signs do not violate Minnesota Statutes
§ 160.27.
(2) Projecting wall signs. Projecting wall signs must be perpendicular to the surface of
the building and no more than 12 inches in thickness and comply with the following
standards:
a. Projecting signs may project no more than 4 feet from the front of the edge of
the building and be more than 15 square feet in gross area per side.
b. Projecting signs may not extend over a public right-of-way or public property
except with the written permission of the City Engineer. When a projecting sign
extends over a right-of-way, there shall be at least 8 feet of clearance between
the ground level and the lowest point of the projecting sign. In no case may a
projecting sign come closer than 2 feet from the curb line.
c. Projecting signs may not extend over a designated parking space or loading
area.
d. One projecting sign per entrance on a street frontage is permitted. Projecting
signs shall be at least 20 feet from other projecting signs.
(3) Wall signs on a multi-tenant building. Each tenant in a multi-tenant building is
allowed 1 wall sign, however, the total cumulative square footage for all signs may
not exceed the maximum gross area of signage allowed for the property, unless
additional signage is approved through a master sign plan.

Sec. 118-334. Dynamic Display Off-Premises Signage
(a)

Findings, Purpose, and Intent. The City desires to facilitate communication between
area businesses and nonprofits and drivers utilizing the Interstate 494 corridor and also
desires to promote the health, safety, and welfare of the community through public
service messaging. Dynamic display off-premises signs are able to cycle through a
Page 16 of 30

number of different messages and can communicate all of these messages effectively
without causing a proliferation of sign structures and sign surfaces along the highway
corridor. With this type of signage, there are opportunities for the City and public safety
agencies to communicate about local events and critical emergencies. The City does not
allow static off-premises billboard signage because these signs are inefficient, result in
visual clutter, and are unable to support emergency messaging or the efficient promotion
of community events.
The City is committed to protecting the aesthetics of the Mississippi River Corridor
Critical Area (MRCCA), a part of the community that is protected by State Statute and
shares a border with the Mississippi National River and Recreation Area, a unit of the
National Park Service. Consistent with State Statute, the City administers a local
MRCCA ordinance which contains numerous provisions designed to protect the
community’s scenic vistas, especially views to and from the river and river bluffs. The
Department of Natural Resources requires the City to adopt minimum MRCCA
standards but actively encourages Cities to take additional steps to protect the aesthetics
of the MRCCA. To protect this critical resource area from visual clutter, it is the City’s
intention that no new billboard signage shall be permitted in the MRCCA and no
existing nonconforming billboard signage in the MRCCA shall be permitted to be
expanded or intensified in a way that will increase its value and make its discontinuance
more unlikely.
(b) Location and Eligibility
(1) Dynamic display off-premises signs shall only be allowed on properties that are
zoned GB-General Business.
(2) A dynamic display off-premises sign may only be erected on a property abutting
Interstate Highway 494. The dynamic display off-premises sign must be oriented
towards and designed to be viewed from Interstate Highway 494.
(3) Dynamic display off-premises signs are prohibited on properties located within
the Mississippi River Corridor Critical Area (MRCCA) overlay district.
(4) The minimum distance in any direction between any two off-premises dynamic
display signs shall be two thousand (2,000) feet
(c) Conditional Use Permit Required. A conditional use permit shall be required for any
dynamic display off-premises sign.
(d) Performance Standards. Dynamic display off-premises signs are subject to the
following requirements:
(1) All dynamic display off-premises signs shall comply with federal and state rules
and regulations for signs along interstates and highways and shall obtain any
required federal and state permits.

Page 17 of 30

(2) The maximum allowable size shall be seven hundred (700) square feet per sign
surface and no sign shall contain more than two (2) sign surfaces. Each sign
surface must be designed to be read from an opposite direction.
(3) The maximum allowable height is fifty (50) feet from the grade of the travel lane
of Interstate 494.
(4) The design of the sign and its support structure shall be approved by the City. The
base or support structure shall incorporate EIFS, veneer, brick, stone, decorative
block, or a similar cladding material that has been approved by the City.
(5) Dynamic display off-premises signs shall have a minimum display duration of
eight (8) seconds. Such displays shall contain static messages only. The change
from one static message to another shall either be instantaneous without any
special effects or shall employ a dissolve or fade transition or another subtle
transition technique that does not have the appearance of moving text or images.
No transition may take longer than one second.
(6) The sign shall be rectangular in shape and all messages must be contained within
the sign. The portion of any dynamic or illuminated sign that is used for the
conveyance of any message will be included within the overall size of the sign.
(7) The sign must be freestanding and shall not be affixed to any building.
(8) The sign may not emit any sound.
(9) The sign shall have ambient light monitors installed and shall be configured to
allow such monitors to automatically adjust the brightness level of the electronic
sign based on light conditions at all times.
(10) The sign shall comply with the following brightness standards: the sign shall not
exceed seven thousand five hundred (7,500) Nits (candelas per square meter)
between the hours of civil sunrise and civil sunset measured from the face of the
sign. During nighttime hours, the sign shall not exceed five hundred (500) Nits.
The light level shall not exceed 0.3 footcandles above ambient light as measured
from a pre-set distance depending on sign size. Measuring distance shall be
determined using the following equation: the square root of the message center
sign area multiplied by 100. Example: 12 square foot sign √(12x100 )=34.6 feet
measuring distance.
(11) Dynamic display billboards shall be constructed with the use of light-blocking
technology. As measured from a point on the sign face furthest from the right-ofway, the area on the ground more than 22.5 degrees from the roadway must be
light protected by light-blocking technology. "Light protected" is defined as
having a reduction of brightness/luminance (and visibility) of over 90 percent, or
equivalently, a remaining brightness of less than ten percent as compared to the
nominal forward brightness of the sign.
(12) The sign shall have a fully-functional monitoring off switch system that shuts the
dynamic display sign off when the display deteriorates, in any fashion, five (5)
percent or greater until the dynamic display sign has been repaired to its fullyfunctional factory specification.
Page 18 of 30

(13) The lamp wattage and luminance level in Nits of the sign shall be provided at the
time of permit application from the owner or operator of the sign. The sign must
at all times be operated in accordance with City Code and the owner or operator
shall provide proof of such conformance upon request of the City.
(14) Public service messages, in addition to emergency messages such as Amber
Alerts, shall be provided on the dynamic display billboard sign at no cost to the
public. Any Applicant for a conditional use permit for an off-premises dynamic
display sign shall enter into an agreement with the City to provide up to 30 hours
of no-cost display time per month on each face of the sign, with each display
lasting 8 seconds. The messages shall be reasonably distributed throughout a 24hour period and shall not be relegated to the midnight to 6:00 AM time frame.
(15) Portable dynamic display off-premises signs are not allowed in any district.
(16) Nonconforming static off-premises signs may not be converted to dynamic
display off-premises signs.
Sec. 118-335. Permitted Signs by District.
Any sign that is not listed as a permitted (P) or allowed by Conditional Use Permit (C) is
prohibited. An asterisk (*) indicates special conditions within the zoning district.
Figure A-1. Permissible Signs By District
R-1
R-2
R-3

R-4

CGMU1

CGMU2

MMM C-1

GB

I
I-1

150*

150*

200*

200*

100

100

100*

100*

Maximum Gross
Area of all Signage
on the Property
(Square Feet)
Individual Sign
Maximum Gross
Area (Square Feet)
Height (Feet)

6*

Signage Area and Size
24*
150*
150*

6*

24

100

6

6

8

8

12*

12*

Area Identification
Signs
Drive-Through
Signs
Dynamic Display
Signs
Dynamic Display
Off-Premises Signs

P

P

8
8
Type of Signage
P
P

P

P

P

P

—

—

C*

C

C

C

C

C

C*

C*

C*

C

C

C

C

—

—

—

—

—

—

—

C*

—

100

Page 19 of 30

Electronic
Changeable Copy
Signs
Electronic Graphic
Display Signs
Freeway Signs
Illuminated Canopy
and Awning Signs
Monument Signs
Nonelectronic
Changeable Copy
Signs
Nonilluminated
Awning and
Canopy Signs
Projecting Signs
Static Off-Premises
Signs
Wall Signs

C*

C*

C*

C

C

C

C

C

C*

C*

C*

C

C

C

C

—

—
C

—
P

—
C

—
C

—
C

—
C

C*
C

C
C

P*
P*

P
P

C*
C*

P*
P*

P*
P*

P
P

P
P

P
P

P

P

P

P

P

P

P

P

C
—

P
—

P
—

P
—

P
—

P
—

P
—

—
—

P/C* P

P*

P*

P*

P

P

P

(a) Within residential zoning districts (R-1 through R-3) signs must comply with the following
regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed 6 square feet in gross area unless otherwise excepted below.
(2) Individual signs: The maximum gross area per sign shall not exceed six square feet
in gross area and six feet in height, or as otherwise excepted below.
(3) The following types of signs are permissible:
a. Area identification signs.
1. Neighborhoods of single-family and two-family homes are allowed 1 area
identification sign per subdivision or development which must be a
monument sign and may not exceed 24 square feet in area.
2. Multifamily dwellings with at least four units are allowed one nonilluminated area identification sign which shall not exceed 6 square feet in
area except as noted below. The sign must be an attached wall sign except
as noted below.
3. In the R-3 district, multifamily dwellings on parcels larger than 25,000
square feet are allowed one non-illuminated area identification sign not
exceeding 24 square feet in area. The sign may be either an attached wall
sign or a monument sign.
b. Nonilluminated awning signs and nonilluminated canopy signs.
Page 20 of 30

c. Wall signs and monument signs for an institutional use.
1. Institutional uses shall be permitted one monument sign per property. An
institutional use located on a parcel that is 1 acre in size or larger may have
one monument sign per street frontage. No such sign shall exceed a gross
area of 32 square feet. Only one monument sign may have a dynamic,
electronic changeable copy, or electronic graphic display.
2. Institutional uses may have up to 24 square feet of wall signage per street
frontage. No more than 24 feet of wall signage may be directed towards
each individual frontage. Illuminated wall signs shall require a conditional
use permit.
3. Group family day cares, as defined in Section 118-8, are not considered
an institutional use for the purposes of this section.
d. Nonelectronic changeable copy signs, which are allowed only for institutional
uses.
(4) The following types of signs require a conditional use permit:
a. Illuminated wall signs, which are allowed only for institutional uses.
b. Illuminated canopy and awning signs on nonresidential buildings.
c. Projecting signs.
d. Wall signs if they are for a property that does not qualify for wall signage as a
permitted use under the provisions listed in subdivision (3) above.
e. Dynamic display signs, electronic changeable copy, and electronic graphic
display signs are allowed only when located upon the monument sign of an
institutional use and are subject to the following requirements:
1. The signage shall adhere to all requirements of Section 118-333(c) unless
otherwise stated below.
2. The electronic sign shall be turned off between 10:00 p.m. and 7:00 a.m.
3. No part of the display shall change more than once every 15 seconds.
(5) The following types of signs require an interim use permit:
a. A home occupation may be allowed one nonilluminated business sign in an
approved location, not to exceed six square feet in area. The sign must be
removed if the home occupation is discontinued. In the R-1 single family
zoning district, no home occupation signage is allowed.
(6) The following types of signs are prohibited:
a. Freeway signs.
Page 21 of 30

b. Drive-through signs.
(b) Within multifamily residential zoning districts (R-4) signs must comply with the
following regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed 24 square feet in gross area unless otherwise allowed below.
(2) Individual signs: The maximum gross area per sign shall not exceed 24 square feet
in gross area and six feet in height.
(3) The following types of signs are permissible:
a.

Area identification signs.

b.

Illuminated canopy and awning signs.

c.

Monument signs.

d.

Nonelectronic changeable copy signs.

e.

Nonilluminated awning signs and nonilluminated canopy signs.

f.

Projecting signs.

g.

Wall signs.

h.

Wall signs and monument signs for an institutional use.
1. Institutional uses shall be permitted one monument sign per property. An
institutional use located on a parcel that is 1 acre in size or larger may
have one monument sign on each street frontage. No such sign shall
exceed a gross area of 32 square feet. Only one monument sign may have
a dynamic, electronic changeable copy, or electronic graphic display sign.
2.

Institutional uses may have up to 24 square feet of wall signage per
street frontage. No more than 24 feet of wall signage may be directed
towards each individual frontage.

3. Group family day cares, as defined in Section 118-8, are not considered
an institutional use for the purposes of this section.
(4) The following types of signs require a conditional use permit:
a.

Dynamic display signs, electronic changeable copy, and electronic graphic
display signs when located upon the monument sign of an institutional use.
These signs are subject to the following requirements:
1. The signage shall adhere to all requirements of Section 118-333(c)
unless otherwise stated below.
2. The electronic sign shall be turned off between 10:00 p.m. and 7:00 a.m.
3. No part of the display shall change more than once every 15 seconds.
Page 22 of 30

(5) The following types of signs are prohibited:
a.

Freeway signs.

b.

Drive-through signs.

(c) Within the CGMU-1: Concord Gateway Mixed Use Zoning Sub-district 1. Signs must
comply with the following regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed one and one-half (1 ½) times the lineal feet of the longest building
frontage facing a public street or 150 square feet in gross area, whichever is
greater. If a property has a second street frontage, the property is eligible for
additional signage equal to one-half (½) times the lineal feet of the building
frontage facing the second public street.
(2) Individual signs: The maximum gross area per sign shall not exceed 100 square
feet in gross area and eight feet in height.
(3) The following types of signs are permissible:
a.

Area identification signs.

b.

Nonilluminated awning and canopy signs.

c.

Projecting signs.

d.

Wall signs.

(4) The following types of signs require a conditional use permit:
a.

Illuminated canopy and awning signs.

b.

Monument signs on an eligible property. Monument signs shall not be
allowed on Concord Exchange or within 75 feet of the Concord Exchange
right-of-way. As part of a monument sign the following types of signs may
also be incorporated:

c.

1.

Dynamic display, electronic changeable copy, and electronic
graphic display signs.

2.

Non-electronic changeable copy signs.

Drive-through signs.

(5) The following types of signs are prohibited:
a.

Freeway signs.

(d) Within the CGMU-2: Concord Gateway Mixed Use Zoning Sub-district 2. Signs must
comply with the following regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed one and one-half (1 ½) times the lineal feet of the longest building
frontage facing a public street or 150 square feet in gross area, whichever is
greater.

Page 23 of 30

(2) Individual signs: the maximum gross area per sign shall not exceed 100 square
feet in gross area and eight feet in height.
(3) The following types of signs are permissible:
a.

Area identification signs.

b.

Monument signs.

c.

Nonelectronic changeable copy signs.

d.

Nonilluminated awning and canopy signs.

e.

Projecting signs.

f.

Wall signs.

(4) The following types of signs require a conditional use permit:
a.

Dynamic display signs, electronic changeable copy, and electronic graphic
display signs that are part of a monument sign.

b.

Drive-through signs.

c.

Illuminated awning and canopy signs.

(5) The following types of signs are prohibited:
a.

Freeway signs.

(e) Within the MMM- Mixed Markets and Makers District. Signs must comply with the
following regulations:
(1) Aggregate property signage: the maximum gross signage for a property shall not
exceed one and one-half (1 ½) times the lineal feet of the building frontage along
Concord Street or 150 square feet in gross area, whichever is greater. Properties
that do not have frontage on Concord Street shall not exceed 150 square feet of
gross signage.
(2) Individual signs: the maximum gross area per sign shall not exceed on 100 square
feet in gross area and eight feet in height.
(3) The following types of signs are permissible:
a.

Area identification signs.

b.

Monument signs

c.

Nonelectronic changeable copy signs

d.

Nonilluminated awning and canopy signs.

e.

Projecting signs

f.

Wall signs

(4) The following types of signs require a conditional use permit:
a.

Dynamic display signs, electronic changeable copy, and electronic graphic
display signs that are part of a monument sign.
Page 24 of 30

b.

Drive-through signs.

c.

Illuminated awning and canopy signs

(5) The following types of signs are prohibited:
a.

Freeway signs.

(f) Within the C-1: Retail business zoning districts signs must comply with the following
regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed one and one-half (1 ½) times the lineal feet of the longest building
frontage facing a public street or 150 square feet in gross area, whichever is
greater.
(2) Individual signs: The maximum gross area per sign shall not exceed 100 square
feet in gross area and eight feet in height.
(3) The following types of signs are permissible:
a.

Area identification signs.

b

Monument signs.

c

Nonelectronic changeable copy signs.

d

Nonilluminated awning signs and canopy signs.

e

Projecting signs.

f

Wall signs.

(4) The following types of signs require a conditional use permit:
a.

Dynamic display signs, electronic changeable copy, and electronic graphic
display signs that are part of a monument sign.

b.

Drive-through signs.

c.

Illuminated awning and canopy signs.

(5) The following types of signs are prohibited:
a.

Freeway signs.

(g) Within the GB: General business zoning district signs must comply with the following
regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed one and one-half (1 ½) times the lineal feet of the longest building
frontage facing a public street or 200 square feet in gross area, whichever is
greater, unless otherwise excepted in Section 118-333(e).
(2) Individual signs: the maximum gross area per sign shall not exceed 100 square
feet in gross area and 12 feet in height, or as otherwise excepted in Section 118333(e).
Page 25 of 30

(3) Freeway signs are not permitted in that part of the GB district north of I-494, east
of Trunk Highway 56 (Concord Street), south of Wentworth Avenue extended
easterly and west of the Mississippi River.
(4) The following types of signs are permissible:
a.

Area identification signs.

b.

Monument signs

c.

Nonelectronic changeable copy signs.

d.

Nonilluminated awning and canopy signs.

f.

Projecting signs.

f.

Wall signs.

(5) The following types of signs require a conditional use permit:
a.

Drive-through signs subject to the requirements of Section 118-333(b).

b.

Dynamic display signs that are part of a monument sign. These signs are
subject to the requirements of Section 118-333(c).

c.

Dynamic display off-premises signs on properties that are outside of the
Mississippi River Critical Corridor Area (MRCCA), subject to the
requirements of Section 118-334. A property or business that has a dynamic
display off-premises sign shall be permitted to have up to 200 square feet of
total site signage in addition to the dynamic display off-premises sign. A
property or business that currently exceeds 200 square feet of site signage
must reduce their total site signage to 200 square feet or less in order to
qualify for a conditional use permit to have a dynamic display off-premises
sign.

d.

Electronic changeable copy or electronic graphic display signs that are part
of a monument sign.

e.

Freeway signs, subject to the requirements of subsection 118-333(e).

f.

Illuminated awning and canopy signs

(h) Within the industrial zoning districts (I and I-1) signs must comply with the following
regulations:
(1) Aggregate property signage: The maximum gross signage for a property shall not
exceed one and one-half (1 ½) the lineal feet of the longest building frontage
facing a public street or 200 square feet in gross area, whichever is greater, unless
otherwise excepted in Section 118-333(e). Each principal building at the Fleming
Field Municipal Airport shall be allowed to have at least 200 square feet of total
signage, regardless of the length of the building frontage.

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(2) Individual signs: the maximum gross area per sign shall not exceed 100 square
feet in gross area and 12 feet in height, or as otherwise excepted in Section 118333(e).
(3) The following types of signs are permissible:
a.

Area identification signs.

b.

Monument signs.

c.

Nonelectronic changeable copy signs.

d.

Nonilluminated awning and canopy signs.

e.

Wall signs.

(4) The following types of signs require a conditional use permit:
a.

Drive-through signs.

b.

Electronic changeable copy signs.

c.

Freeway signs, subject to the requirements of subsection 118-333(e).

d.

Illuminated canopy and awning signs.

(5) The following types of signs are prohibited:
a.

Dynamic display signs.

b.

Electronic graphic display signs.

c.

Projecting signs.

Sec. 118-336. Master Sign Plans
(a) Purpose. The purpose of a master sign plan is to establish a fair and equitable process
for complex signage situations that accommodate the need for a well-maintained, safe,
and attractive community, and the need for effective communications including
business identification. Flexibility from the sign standards in the total amount, number,
size, or location of signs may be approved at the reasonable discretion of the City
Council through the master sign plan process.
(b) Effect. Upon approval of a master sign plan, all future signs shall conform to the master
sign plan. Modifications to the provisions of the master sign plan may be granted only
with the approval of an amended master sign plan.
(c) Eligibility. No property shall be required to submit a master sign plan and may
alternatively pursue a planned unit development approval or variance. The following
standards shall dictate which properties are eligible to submit a master sign plan for
review:
(1) Only the following uses shall be eligible to submit an application for a master sign
plan: multi-tenant commercial-retail structures such as shopping centers and strip
malls, commercial and industrial developments that are over five acres in size,
gasoline service stations, and properties that have multiple principal buildings.
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(2) Only properties in commercial, industrial, and mixed-use zoning districts shall be
eligible to submit master sign plans.
(3) Planned unit developments that require flexibility from the sign ordinance shall
have their signage regulated via their conditional use permit for a planned unit
development rather than a master sign plan.
(d) Process. The applicant shall submit their master sign plan for review by the Planning
Commission and City Council. A completed application shall be submitted to the
zoning administrator along with an application fee and escrow deposit as established
by the City Council for site plan reviews. The master sign plan shall be reviewed
following the process outlined for site plan review in section 118-47 and approved by
resolution. Amendment requests shall follow this same process.
(e) Review criteria. To assist property owners and their tenants with signage needs, the
City has established the following criteria that shall be used in developing, reviewing,
and approving each master sign plan:
(1) Base guidelines: The master sign plan shall use the signage standards of the
underlying zoning district as its basis. Any sign that requires a conditional use
permit or interim use permit shall continue to require said permit.
(2) Total allowance: The total signage allowance granted shall not exceed two times
the maximum that would be allowed at the property without a master sign plan.
(3) Height: All signage must follow the height regulations of the underlying zoning
district except that monument signs for multi-tenant commercial-retail structures
may be allowed to be up to 12 feet in height.
(4) Quality: The master sign plan review may not be used to waive design standards
that are mandatory in the underlying zoning district related to landscaping or
building materials.
(5) Type: A master sign plan may not be used to approve a type of sign that is
prohibited in the underlying zoning district.
(6) Location: All signage shall follow the location regulations of the underlying
zoning district.
(7) Number: No more than one freestanding sign may be allowed for each street
frontage through a master sign plan.
(8) The City Council may require an applicant to adhere to the signage standards
found in sections 118-332 and 118-333 or the City Council may at their
discretion, approve a master sign plan. In approving a deviation from the signage
standards found in sections 118-332 and 118-333, the City Council will consider
the gross floor area of the principal building(s), the size of the site, the existing
signage, and the visibility of the site from all street frontages.
(f) Required materials. The following materials must be submitted as part of a master sign
plan review application.
(1) Dimensional site plan and elevations of the building or buildings to be included in
the master sign plan review.
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(2) Locations of existing and proposed signage, including signage dimensions,
lighting, exposed structures, colors, and functions of each sign.
(3) Computations of the total maximum sign area for each individual sign and all the
signage at the site included the height of the signs and area of the signs.
(g) Findings. The following findings must be made prior to the approval of any new
master sign plan or revisions to previously approved master sign plans:
(1) The master sign plan is not in conflict with the comprehensive plan.
(2) The master sign plan is not in conflict with the purpose, standards or design
principles found in section 118-332.
(3) The master sign plan will not be injurious or a nuisance to the surrounding
neighborhood or otherwise harm the public health, safety, and welfare.
(h) Sign permits required. No sign approved as part of a master sign plan may be installed
without first receiving the proper sign permit.
(i)

Administration and amendments. Staff may issue a sign permit to allow a sign
approved by the master sign plan to be replaced with a new sign of the same type that
is in the same general location as the original sign and is the same size or smaller than
the original sign. All attached wall signs shall be considered the same type for the
purposes of administering this ordinance. Any more substantial changes including a
change in the sign type, an increase in the size of the signage, or the addition of new
signage will require an amendment to the master sign plan.

(j)

Expiration. Master sign plans expire one year after approval if no sign permits
implementing the master sign plan have been issued within that time period. The
applicant may apply to the zoning administrator for no more than one extension of up
to one year.

(k) Termination. A property owner may request the termination of their master sign plan
which shall be processed as an amendment and approved by resolution. If the
termination is approved, the property shall revert to the standards of the underlying
zoning district.
Sec. 118-337. Message substitution.
The owner of any sign that is otherwise allowed by this article may substitute noncommercial
copy or message in lieu of any other commercial or noncommercial sign copy or message
without additional approval or permitting subject to the operational standards set forth in this
article. The purpose of this provision is to prevent any inadvertent favoring of commercial
speech or message over noncommercial speech or message.
Sec. 118-338. Election Season Exception
Notwithstanding any other provisions of this article, all signs of any size containing
noncommercial speech may be posted from 46 days before the state primary in any general
election year until ten days following the general election and 13 weeks prior to any special
election until ten days following the special election.
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SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in
the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance
is available without cost at the office of the City Clerk, the following summary is approved by the
City Council and shall be published in lieu of publishing the entire ordinance:
The ordinance repeals and replaces the existing sign ordinance to improve its
readability and to address several previously unaddressed types of signage.

SECTION 3. EFFECTIVE DATE. This ordinance shall become effective upon publication.
Approved:
Published:
____________________________
Deanna Werner, City Clerk

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ATTACHMENT B
EXAMPLES OF FREESTANDING TEMPORARY SIGNS