DIVISION
1. GENERALLY
Sec. 84-230. Purpose and intent.
The
purpose of this section is to represent a comprehensive, balanced system of
street graphics and signs that create safe, easy to understand and
aesthetically pleasing communication. To meet this purpose these regulations
authorize the use of street graphics and signs which are reflective of the
community's aesthetics as a whole, are compatible with their surroundings,
while allowing the expression of the identity of individual proprietors,
appropriate to the type of activity to which they pertain, and legible in the
environment in which they are seen. Specific objectives are:
(1) Preserve and enhance the city's own unique set of visual
aesthetics which will attract potential residents, commercial customers, and
tourists to the area because of the community's overall appearance: and,
(2) Enhance the visibility and effectiveness of all signs through
the elimination of clutter and redundancy; and,
(3) Eliminate and lessen the confusion, unsightliness or visual
obscurity of adjacent properties that could be created; and,
(4) Recognize and appreciate the value of advertising and signage
to a successful business climate.
(Ord.
No. 1667, § I,
Sec. 84-231. Applicability.
All
signs within the city limits of
(Ord.
No. 1667, § I,
Sec. 84-232. Definitions
The
following words and phrases contained in this section shall apply with respect
to this article.
Advertising
matter The placement on, or anchoring of or
suspension from any building, pole sign, sidewalk, parkway, driveway, lawn,
area or parking area of any goods, wares, merchandise or other advertising
object which is, but not limited to, light, inflatable objects, pennants, or
flags for the purpose of calling attention to the area or business erecting
such devices.
Balloon: A nonporous, flexible devise capable of being
inflated and used as advertising matter.
Banner
signs (temporary): Means
possessing characters, letters, illustrations, or ornamentation; applied to
non-rigid light weight fabric or similar material; intended to be hung without
frames; can only be used if there is a legally permitted permanent name sign;
must be used ancillary to the legally permanent name sign; and, must obtain
special event permit.
Decorative
flag: A flag or banner that
contains no name, initials, logos, insignia or similar items and is used
primarily to attract attention or convey a message.
Facade: Any separate face of a building, including
parapet walls and omitted wall line, or any part of a building, which encloses
or covers usable space.
Facade
signs (exterior): Means
possessing characters, letters, illustrations, or ornamentation; constructed of
rigid and non/flexible materials, framed, flush mounted to facade; must not
cover windows or doors; and, total sign coverage on any wall or window signs
may not exceed 30 percent of wall elevation inclusive of windows and
doors.
Flag: A piece of cloth or fabric typically
rectangular in shape, of a distinctive color and design inclusive of a logo,
used as a symbol, a standard or signal to attract attention. Exemptions to this
are federal, state, municipal flags.
Logo: A design or insignia of an organization,
individual, company or product which is commonly used in advertising to
identify that organization, individual, company or product.
Off-premises
sign: A sign which advises
the general public of goods and services available at a remote location from
the parcel where the sign is located.
On-premises
sign: A sign which advises
the general public of goods and services available on the lot where the sign is
located.
Pennant: A device typically made of a lightweight
plastic, fabric or other material usually triangular in shape and attached to a
single cord.
Preformed
sign faces: Any sign that is
fabricated at another site whose message is not designed to change. Such signs
include, but are not limited to, plastic or fabric signs that may be supported
by a frame and may be illuminated from within.
Roadway
type: Roadway type shall be
defined as per the latest adopted thoroughfare plan of the city and are specifically
listed here. Thoroughfares are divided up into the following:
(1) Freeways
shall include those roadways which are classified as federally aided primary
highways. These are more specifically described as S.H. 183, S.H. 121 and S.H.
360.
(2) Major
arterials shall include those roadways whose primary function is to carry
multi-jurisdictional traffic and, for the purpose of this chapter, are hereby
specifically limited to S.H. 10, FM 157, and
(3) Minor
arterials shall include
(4) Collector
and local roadways shall be considered all other roads not specifically named
herein.
Setback
of sign (front): The distance
a sign must set back from any street right-of-way line which shall be
calculated in all cases to property lines, except as otherwise provided
herein.
Setback
of sign (side): The distance
a sign must set back from the side property lines except for lots having more
than one frontage, in which case the side setback shall apply to the property
lines running most parallel to the sign face.
Sign: Any structure or part thereof, or any device
attached to, painted on, or represented on a building, fence, or other
structure, upon which is displayed or included any letter, word, mode, banner,
flag, permanent insignia, decoration, device, logo, design, advertising matter
or representation used as, or which is the nature of, an announcement,
direction, advertisement or other attention getting device.
Sign,
advertising: Any off-premise
sign advertising any goods or services offered remotely from the site where the
sign is located.
Sign,
announcement: Any temporary
on-premise sign which announces a character or description of proposed buildings
or use (i.e., coming soon . ., future site of . . ., etc.).
Sign
area, calculation of: The
area of a sign shall be computed by drawing a line or lines around the sign in
such a way as to form not more than four regular geometric figures such as a
triangle, circle, rectangle, or trapezoid. The sum square footage of these
figures shall be considered as the total area of the sign face. A sign face may
be single sided or double sided, as with a typical pole sign; however, to
calculate the area of a multi-sided sign, the sum of all sides of the sign
shall not exceed twice the area specified for the sign face.
Sign,
banner: Signs intended to be
hung on-premise either with or without frames, possessing characters, letters,
illustrations or ornamentation applied to paper, plastic or fiber of any kind.
For the purpose of this chapter, federal, state and municipal flags shall not
be considered banners. A special event sign permit must be obtained.
Sign,
billboard: Any sign whose
message may be changed by painting on or posting a bill upon the sign's
face.
Sign,
business center directory:
Any on-premise sign that conveys the name of the business center, and the
tenants that occupy the center.
Sign,
changeable reader board: Any
on-premise sign with strips or devices attached to the face of the sign to hold
readily moveable manual letters and numbers.
Sign,
construction: Any on-premise
temporary sign that describes the contractor(s), architect(s), lending
institution, etc., responsible for the on-site construction currently in
progress.
Sign,
development: Any temporary
on-premise sign that promotes new developments or additions.
Sign,
electronic message: Any
on-premise sign that has the ability to electronically change the messages that
they display.
Sign
face: The actual surface upon
which the message of a sign is displayed. In the case of wall, fence or facade
mounted signs, the area contained within the outermost limits of the letters,
logos, numbers, insignias, etc., shall be considered the sign face. Except for
wall signs that use the wall as its sole background, only those sign faces
defined below shall be deemed in compliance with this chapter:
Sign
function: The purpose the
sign serves.
Sign,
general: Any on-premise sign
or graphic device that advises the general public of goods and services
offered.
Sign,
ground: Signs supported by
poles or supports in or upon the ground, independent of support from any
building and having less than seven feet from the bottom of the sign face to
the ground.
Sign,
institutional: Any on-premise
sign used for the purpose of identifying school, church, hospital, or similar
public or quasi-public institution.
Sign,
pole: Signs supported by
poles or supports in or upon the ground, independent of support from any
building, and maintaining a minimum distance of seven feet from the bottom of
the sign face to the ground.
Sign,
portable: Ridged signs
constructed off the site and not permanently affixed or attached to the ground
or to the permanent building or structure and shall include any sign originally
designed to be easily moved from place to place whether rigidly attached to the
ground or permanent structure.
Sign,
real estate: Any temporary
on-premise sign offering to sell, lease, or rent individual dwellings, real
property, or lease spaces other than those for self storage facilities which
are defined by general business signs.
Sign,
special event: Any on-premise
temporary signage including banners used for special events or business grand
openings.
Sign,
subdivision entry: Any sign
that identifies the entrance of various subdivisions and developments within
the city.
Sign,
temporary: A sign which is
not structurally affixed to a foundation or building and by its nature,
construction materials, or placement is intended to last for a fixed period of
time.
Sign,
vehicle: Signs mounted on a
vehicle, including trailers, normally licensed by the State of
Sign,
wall: Signs erected flat
against any wall, supported by the wall, having the sign face parallel to and
not more than 12 inches from the wall surface in any direction. Neon tubing
attached directly to a wall surface shall be considered a "wall
sign."
Sign,
weekend parkway: Any
temporary on or off-premise sign located within the public right-of-way.
Zoning district: The primary use of the zoning district where the sign may be
located.
(Ord.
No. 1667, § I,
Sec. 84-233. Permissible signs.
Except
as specified by section 84-130 herein, it shall be a violation of this code to
erect, place, or locate any sign that serves any function other than those
specified herein, and then only when in compliance with the zoning district,
qualifications, maximum area, maximum height, minimum setbacks, maximum number
of signs, minimum sign separation, permit and other requirements specified
herein.
(Ord.
No. 1667, § I,
Sec. 84-234. Permanent on-premise signs.
The
following standards shall apply to permanent on-premise signs located at a site
where the sign directs attention to:
(1) Wall
signs: Wall signs may be erected on any building not zoned or used
for single-family or single-family attached dwelling purposes. Such signs may
serve the same function as on-premise pole or ground signs specified herein.
Wall signs shall not exceed 30 percent of the wall elevation nor shall they
extend above the roof line or parapet line of the building on which it is
located. Any number of wall signs may be permitted per building; however, the
sum of the areas of the wall signs on each wall elevation shall notexceed 30 percent of the wall elevation. For the purpose
of this chapter, pitched or mansard roofs shall not be used in calculation of
wall elevation.
(2) Roof
signs: Roof signs may be erected on nonresidential buildings in
commercial or industrial zoning districts having pitched roofs provided the top
of the roof sign extends no higher than the roof peak. Roof signs erected on
mansard roofs shall not extend above the mansard. The maximum sign area for
roof signs shall be limited to 15 percent of the exterior wall elevation over
which the roof sign is oriented.
(3) Projection
signs: Projection signs may be erected on nonresidential buildings in
commercial or industrial zoning districts provided no portion of the sign
extends over any property line nor extends over the required building line more
than 25 percent of the minimum building setback requirement for that zoning
district. The maximum area for
any projection of sign shall be limited to 50 square feet per sign face and
that no pole or ground sign is or shall be located on the property. No
projection sign shall extend above the top plate line nor be less than seven
feet from the bottom of the sign to the ground.
(4) Pole/ground
signs.
TABLE 6-A. PERMANENT
ON-PREMISE POLE/GROUND SIGNS
The following standards are
applicable to permanent, on-premise pole and ground signs. The applicable
maximum area and height shall be determined by the classification of the
street(s) the property fronts on.
TABLE INSET:
|
Sign
Function |
Zoning
District |
Qualifications
|
Front
Setback |
Side
Setback |
Number
Signs Allowed |
Street
Classification |
|||||
|
Local
and Collectors |
Minor
Arterials |
Major
Arterials |
|||||||||
|
Maximum
Area |
Maximum
Height |
Maximum
Area |
Maximum
Height |
Maximum
Area |
Maximum
Height |
||||||
|
Apartment/ Condominium Identification
Sign i.e., signs that identify the name, owner or other identifying
characteristics about any residential complex developed under a unified
plan |
single-family
|
lawfully
existing nonconforming use |
5
feet |
15
percent of lot width |
1 per
street front |
20
square feet |
4
feet |
20
square feet |
4
feet |
20
square feet |
4
feet |
|
multifamily
|
none
|
5
feet |
10
percent of lot width |
1 per
200 feet of street frontage or portion of |
20
square feet |
6
feet |
40
square feet |
8
square feet |
100
square feet |
15
square feet |
|
|
commercial
|
lawfully
existing nonconforming use |
||||||||||
|
General
Business Signs
i.e., signs advising the public of goods and services offered on the
premises |
commercial
and industrial |
none
|
5
feet |
10
percent of lot width |
1 per
200 feet of street frontage or portion of |
50
square feet |
15
feet |
100 square
feet |
20
feet |
150
square feet |
30
feet |
|
Business
Center Directory
Signs i.e., signs that convey the name of the business center, and
the tenants that occupy the center |
commercial
and industrial |
must
contain more than 4 separate lease spaces |
10
feet |
15
percent of lot width |
1 per
street frontage |
20
square feet per tenant up to 260 square feet inclusive of shop center
ID |
15
feet |
25
square feet per tenant up to 325 square feet inclusive of shop center
ID |
20
feet |
30
square feet per tenant up to 325 square feet inclusive of shop center
ID |
30
feet |
|
Institutional
Signs i.e.,
signs that identify schools, churches, hospitals, or other similar public or
semi-public institutions |
all
|
none
|
10
feet |
15 percent
of lot width |
1 per
200 feet of street frontage or portion of |
50
square feet |
15
feet |
100
square feet |
20
feet |
150
square feet |
30
feet |
|
Subdivision
Entry Signs
i.e., signs that identify various subdivisions and developments within the
city |
single-family
|
must
contain 5 or more acres of land or 20 or more platted lots |
10
feet |
none
|
two
per entry (1 per side of street) |
30
square feet |
6
feet |
40
square feet |
6
feet |
50
square feet |
8
feet |
|
commercial
and industrial |
10
feet |
none
|
two
per entry (1 per side of street) |
20
square feet per gross platted acre |
6
feet |
20
square feet per gross platted acre |
6
feet |
40
square feet per gross platted acre |
150
feet |
||
(5) Pole/ground
signs along freeways.
Table 6-B. Permanent
On-Premise Pole/Ground Signs on State Highways
The following standards are
applicable to permanent, on-premise pole and ground signs located along
freeways and freeway frontage roads.
TABLE INSET:
|
Sign Function
|
Zoning
District |
Qualifications
|
Maximum
Area |
Maximum
Height |
Front
Setback |
Side
Setback |
Number Signs
Permitted |
|
Apartment/ Condominium Identification
Sign i.e., signs that identify the name, owner or other identifying
characteristics about any residential complex developed under a unified
plan |
single-family
|
lawfully existing
nonconforming use |
20 square feet
|
4 feet |
5 feet |
15 percent of lot
width |
1 per street
front |
|
multifamily
|
none |
150 feet |
20 feet |
5 feet |
10 percent of lot
width |
1 per 200 feet of
street frontage or portion of |
|
|
commercial
|
lawfully existing
nonconforming use |
||||||
|
General Business
Signs i.e., signs advising
the public of goods and services offered on the premises |
commercial
and industrial |
none |
250 square feet
|
50 feet |
5 feet |
15 percent of lot
width |
1 per 200 feet of
street frontage or portion of |
|
hotels/motels, retail
fuel sales, and restaurants within 300 feet of freeway right-of-way
|
300 square feet
|
60 feet |
5 feet |
15 percent of lot
width |
one |
||
|
Business Center Directory Signs i.e., signs
that convey the name of the business center, and the tenants that occupy the
center |
commercial
and industrial |
must contain more
than 4 separate lease spaces |
40 square feet per
tenant up to 600 square feet inclusive of shop center ID |
40 feet |
10 feet |
15 percent of lot
width |
one per street
frontage |
|
Institutional
Signs i.e., signs that
identify schools, churches, hospitals, or other similar public or semi-public
institutions |
all |
none |
250 square feet
|
50 feet |
5 feet |
15 percent of lot
width |
1 per 200 feet of
street frontage or portion of |
|
Subdivision Entry
Signs i.e., signs that
identify various subdivisions and developments within the city |
single-family
|
must contain 5 or
more acres of land or 20 or more platted lots |
50 square feet
|
8 feet |
10 feet |
none |
two per entry (one
per side of street) |
|
commercial
and industrial |
50 square feet
|
30 feet |
10 feet |
none |
two per entry (1 per
side of street) |
(6) Corporate
flags: In addition to national, state, or municipal flags, a business
may erect a single corporate flag provided that such flag meets all of the following
requirements:
a. The
corporate flag is flown with the national flag or with the state and national
flag.
b. The
corporate flag is not larger in size or flown higher than the national and
state flag.
c. The
proper rules of flag etiquette are followed.
(7) Electronic
message signs. Electronic message signs are intended to be static and
are subject to the same size and location restrictions as other signs regulated
by this article. The electronic message portion of a sign shall not exceed 40
percent of the total sign face permitted, nor shall it be the only sign face.
In addition, an electronic message board is subject to the following
restrictions:
a. Any
change of information on the electronic message board shall not produce the
illusion of moving objects, scrolling, blinking, flashing, expanding or
contracting shapes, rotation or any similar visual effect of animation or
movement.
b. Any
change in information on the electronic message shall not change more often
than every 15 seconds. Any changes shall occur with an instant on/off cycle.
(Ord.
No. 1667, § I,
Sec.
84-235. Permanent off-premises signs.
The
following standards are applicable to permanent off-premise advertising signs
or billboards which promote or advertise commodities or services not limited to
being offered on the premises where such sign is located. Off-premises signs
shall be permissible as a permanent sign provided all of the following
requirements have been met:
(1) The
subject property is zoned limited industrial (L1), light industrial (I-1) or
heavy industrial (I-2) as per the current zoning ordinance of the city.
(2) Maximum
area of the advertising sign does not exceed 1,000 square feet per sign face.
(3) Maximum
height of the sign does not exceed 35 feet in height.
(4) The
sign is set back from all property lines a minimum of 25 feet.
(5) The
sign is located no closer than 250 feet, measured parallel with the street
right-of-way, from any other off-premise advertising sign whether existing or a
permit for such sign has been authorized.
(6) The
sign is located a minimum of 250 feet from any property used for residential
purposes or zoned for residential usage.
(7) The
property is not located within 3,000 feet of S.H. 183, S.H. 121, or S.H. 360.
(8) A
current annual use permit has been issued.
(9) None
of the prohibitive characteristics contained within this section are violated.
(Ord.
No. 1667, § I,
Sec.
84-236. Special event and other temporary signage.
In
addition to the permissible permanent signs authorized herein, the following
temporary on-premise signs are permitted.
(1) Special
event signs. Upon approval of a special event sign permit by the
building official or his designee, banners, pennants, streamers, balloons, advertising
matter and additional parkway signs may be displayed to alert the public of
business grand openings, special sales, or events and the like. Special event
signage shall be confined to the location that has obtained the permit for
such, and displayed in a manner as to not interfere with the movement or sight
visibility of pedestrian or vehicle traffic. All signage shall be made of safe
materials and erected and displayed in a safe manner.
a. Special
event signage shall not be erected, placed or displayed for without first
obtaining a permit for same.
b. Special
event signage shall be permitted for a duration of no
more than 14 consecutive days per permit.
c. No more
than four special event permits shall be issued for any one business during any
calendar year.
d. Special
event permits cannot be issued in a consecutive nature. A minimum 30-day
interval must pass from the expiration of one special event permit to the
issuance of another.
e. Applications
for special event signs shall consist of an application fee, as established by
the city fee ordinance, and two sets of drawings that depict the nature, size,
shape, content, height, type of materials and location
of such requested signage.
f. No such
signage shall be placed, erected, or maintained unless the responsible party
has executed an instrument agreeing to indemnify and hold harmless the city
from any and all liability, directly or indirectly occurring from the erection,
placement, maintenance, removal or failure to remove such signs pursuant to the
provisions to this chapter. Any signage erected in violation of this chapter or
deemed unsafe to pedestrian or vehicular traffic shall be subject to all the
penalties for violation stated herein and may be subject to immediate removal.
(2) Pole/ground
signs.
TABLE 6-C. TEMPORARY
ON-PREMISE POLE/GROUND SIGNS
The following standards are
applicable to temporary, on-premise pole and ground signs located on all
streets. Such signs shall be valid only for the duration specified herein or
upon expiration of the annual permit.
TABLE INSET:
|
Sign Function
|
Zoning
District |
Qualifications
|
Duration |
Maximum
Area |
Maximum
Height |
Front
Setback |
Side
Setback |
Number Signs
Permitted |
|
Real Estate Signs i.e., signs offering the sale, lease or rent of
individual dwelling units, real property, or lease space, other than
self-storage facilities. Self-storage facilities: see general business
signs |
single-family
|
developed land
greater than 2 acres |
temporary
removal upon expiration of annual permit or within 7 days of sale or rental
of property |
16 square feet
|
6 feet |
none |
10 percent lot
width |
1 per 200 feet of
street frontage or portion of |
|
all undeveloped
land |
32 square feet
|
10 feet |
none |
10 percent lot
width |
1 per 200 feet of
street frontage or portion of |
|||
|
multifamily,
commercial and industrial |
vacant land or single
tenant buildings |
40 square feet
|
15 feet |
none |
10 percent lot
width |
1 per 200 feet of
street frontage or portion of |
||
|
commercial and
industrial |
multi-tenant
buildings (shopping centers, office buildings, etc.,) |
32 square feet
|
10 feet |
none |
10 percent lot
width |
1 per 200 feet of
street frontage or portion of |
||
|
Announcement Signs i.e., sign announcing the character or description of
proposed building(s) (i.e., coming soon . . . , future site of . . . ,
etc.) |
multifamily,
commercial and industrial |
property platted for
development |
temporary
removal upon expiration of annual permit or within 7 days of completion of
construction or upon the granting of a development sign |
32 square feet
|
15 feet |
5 feet |
10 percent lot
width |
1 per sign per 10
gross acres or portion thereof |
|
Development i.e., signs that promote new developments
for sale lease with an addition |
single and
multifamily |
currently under
construction |
temporary
removal upon expiration of annual permit or within 7 days from becoming 85
percent occupied |
200 square feet
|
20 feet |
10 feet |
10 feet |
1 sign per 10 gross
acres or portion thereof |
|
Construction Signs i.e., sign describing the contractor(s),
architect(s), lending institution, etc., responsible for the on-site
construction in progress |
single-family
|
currently under
construction |
temporary
removal upon expiration of annual permit or within 7 days of completion of
construction |
12 square feet
|
6 feet |
10 feet |
none |
1 per 200 feet of
street frontage or portion of |
|
multifamily,
commercial and industrial |
32 square feet
|
15 feet |
10 feet |
none |
1 per 200 feet of
street frontage or portion of |
(3) Signage
of temporary uses. Uses that have been approved on a temporary basis
by city council may erect a sign that conforms the
special event signs requirements stated herein. Permits issued for a special
event sign in conjunction with a temporary use shall be valid only for the
duration that such temporary use has been authorized.
(Ord.
No. 1667, § I,
Sec.
84-237. Weekend parkway signs.
An
unlimited number of parkway signs may be erected provided that all the
following requirements have been met. Any parkway sign placed or located in
violation of this chapter shall be subject to all the penalties for violation
stated herein and may be subject to immediate removal by city personnel. The
city manager may establish an administration fee to recover the costs incurred
for removal of signs in violation of this code and the notification of the sign
owner of such action. Such administrative fee shall not exceed $5.00 for each
sign claimed.
Parkway
sign requirements.
(1) A
permit is to be obtained from the building official in advance of erecting any
parkway sign.
(2) Weekend
parkway signs shall be permitted no sooner than Friday at
(3) No
such sign shall be placed in front of any improved property without written
consent of the occupant and owner of such property, or in front of any public
park or municipal building unless authorized by the city manager.
(4) No
such sign shall be located: (a) within the median of any public right-of-way;
(b) nearer than five feet to the edge of pavement or back of curb, whichever is
greater; (c) nearer than 20 feet to the intersection of two intersecting streets
as measured from the end of the curb return; or (d) so as to block or obscure
the vision of any traffic or safety sign or signal.
(5) If
signage is located off premise than no more than one such sign for each person
or company displaying the same relative information shall be permitted along
any one block or within 500 feet from another, whichever is less. If such
signage is located on the property for which the permit was obtained, than no
more than one such sign shall be permitted within 50 feet from another.
(6) No
such sign shall exceed three feet in height or exceed six square feet in area.
(7) All
such signs shall be made of durable weatherproof material.
(8) No
such sign shall be placed, erected or maintained unless the responsible party
shall have executed an instrument agreeing to indemnify and hold harmless the
city from any and all liability, directly or indirectly occurring from the
erection, placement, maintenance, removal or failure to remove such signs
pursuant to the provisions to this chapter.
(9) Weekend
parkway signs are limited for use by multi family dwellings, single-family home
developers and churches or other religious or non-profit organizations.
(Ord.
No. 1667, § I,
Sec.
84-238. Permissible signs not requiring permits.
The
following signs shall not require a sign permit. These exceptions shall not be
construed as relieving the owner of the sign from the responsibilities of its
erection and maintenance, and its compliance with the provisions of this
chapter or any other law or code regarding the same.
(1) Name
sign: Sign having an area of not more than two square feet the
message of which is limited to conveying the address and/or name of the
premises, and/or owner, and/or occupant of the premises.
(2) Warning
sign: Sign having an area of not more than six square feet nor height greater than six feet, the message of which is
limited to warning of danger or prohibitions or regulations of the use of the
property or traffic parking thereon.
(3) Real
estate sign: On-premise signs having an area of not more than six
square feet and not more than six feet in height, advertising the premises for
sale or rent and providing for their removal upon the sale or rental of the
premises.
(4) Open
house sign: On-premise signs advertising the display of an open house
or unlocked unit for sale, lease or rent.
(5)
(6) Vehicle
sign: Sign located on motor vehicles or trailers bearing current
license plates and inspection stickers, when appropriate, which are traveling
or lawfully parked upon public roadways or lawfully parked upon any other
premises for a period not to exceed 72 hours or for a longer period where the
primary purpose of such parking is not the display of any sign.
(7) Changeable
copy: The changing of advertising copy or message on a painted or
printed sign, or the changing of advertising copy or message on a changeable
reader board such as a theater marquee, electronic reader board or similar
signs specifically designed for use of replaceable copy.
(8) Window
sign: Sign painted on or located inside an enclosed building and
visible through a window or windows thereof as long as the total area of such
signage in addition to any wall signs or banners shall not exceed 30 percent of
any elevation.
(9) Political
sign: Sign advocating a candidate for public office or a position on
an issue to be determined at an upcoming scheduled election provided same are
removed within seven calendar days after the election and are not located on
public properties except in accordance with section 84-237 herein.
(10) Internal
sign: Sign visible only from the premises on which located or visible
off the premises only through a window or windows from which they are set back
at least ten feet.
(11) Governmental
sign: Sign posted by duly constituted governmental authorities in
pursuance of their public duties.
(12) Memorial
sign: Markers, plates, plaques, etc., when deemed an integral part of
a structure, building or landscape.
(13) Gasoline
price: Gasoline price or credit card sign permanently affixed to pump
islands or canopy not exceeding 12 square feet in area.
(14) Search
lights: Search lights used to draw attention to a special event
provided such lights are not located within 200 feet of a residence and do not
shine into the eyes of occupants in any vehicle or into any residential window
or where the illumination interferes with the readability of any traffic signal
or device.
(15) Garage
sale sign: On-premise sign advising the general public of a lawfully
permitted garage sale occurring on the premise. Such signs shall be given to
the property owner upon completion and processing a garage sale permit.
(16) Balloons:
Balloons less than 24 inches in diameter are permitted in areas zoned
multi-family as provided the balloons are attached to the property's legally
permitted permanent name sign and the height of the balloon above grade is
limited to ten feet. No other balloons shall be used unless done so in
conjunction with a special event sign permit.
(17) Amenity
sign: A single parkway type sign is permitted for each multi-family
complex to promote vacancies, current specials or amenities, provided such sign
does not exceed three feet in height and six square feet and is placed in
accordance with parkway sign requirements.
(Ord.
No. 1667, § I,
Sec.
84-239. Prohibited sign characteristics.
It
shall be in violation of this chapter for any person, company or agent to
erect, place, display or locate any sign having any of the following
prohibitive characteristics. Signs deemed unsafe to the general public either
due to location sign is erected or condition of sign may be removed immediately
by the building official or his designee:
(1) Blocking
of public access: No sign shall block or obstruct public access, fire
escapes, traffic visibility, utilities, etc.
(2) Certain
real estate signs: No real estate sign located on lots less than two
acres platted for one- or two-family dwellings shall exceed six square feet or
six feet in height.
(3) Excessive
illumination: No illuminated sign shall be permitted to produce visual
discomfort for viewers on other properties or on adjacent streets.
(4) Extensions
over public property: No sign shall be located on, over or above any
public land or right-of-way except where specifically authorized herein.
(5) Imitation
governmental signs: No signs shall imitate governmental signs
including traffic control signs and/or devices.
(6) Motion:
With the exception of balloons and approved special event signage, no sign
shall have any moving, swinging or animated parts or images, whether such
movement is caused by machinery, wind or otherwise.
(7) Obscenities:
No sign shall contain obscene, indecent or immoral words, pictures or other
matter.
(8) Obstruction
of traffic signal visibility: No sign shall be located in the direct
line of vision of any traffic control signal from any point in a moving traffic
lane within 50 feet of such signal.
(9) Painting
on streets: No painting, marking or attachment of a sign to the
street, sidewalk, building other than house numbers or occupants name or as
provided by this chapter.
(10) Portable
sign: No sign except as specifically authorized by this chapter shall
be located, placed or displayed which is constructed off the sign site and is
not permanently affixed or attached to the ground or to a permanent building or
structure and shall include any sign originally designed to be moved easily
from place to place, whether rigidly attached to the ground or permanent
structure or not.
(11) Proximity
to power lines: No portion of any sign shall be located closer than
ten feet to any overhead power or service lines.
(12) Signs
on utility poles: No sign shall be placed on or attached to other
signs, utility poles, fire hydrants, trees, flag poles, street lamps or other
means of support of an outdoor advertising display.
(13) Decorative
flags: Flags other than national, state, municipal or corporate flags
as permitted by this chapter shall not be permitted in commercial or
multi-family districts.
(Ord.
No. 1667, § I,
Secs. 84-240--84-259. Reserved.
DIVISION
2. PERMITS
Sec. 84-260. Required.
Except
as herein provided, no sign shall be erected, placed, displayed or located
without first obtaining a sign permit from the building official.
(Ord.
No. 1667, § I,
Sec. 84-261. Permit termination.
A
permit issued for any sign and its supporting structure shall automatically
terminate after the use for which the sign directs attention is discontinued
for a period of 180 days or longer. Additionally, an annual permit shall
automatically terminate and be deemed void on the first of January of each
year. A permit issued for any sign including its supporting structure, shall
automatically terminate in the event the sign shall fail and not be corrected
within 180 days. Upon cessation of the permit for anysign,
such sign and its supporting structure shall thereafter constitute a
non-permitted structure and shall be subject to removal pursuant to the
provisions of the building code and the owner thereof or occupant of the
premises upon which the sign is situated shall be subject to fine and/or
penalty as provided pursuant to the provisions of this code and the building
codes of the city.
(Ord.
No. 1667, § I,
Sec. 84-262. Application for permit.
Application
for a sign permit shall be made in writing upon forms furnished by the building
official. Such application shall contain the location by street and address
number of the proposed sign structure, height, area, sign function, as well as
the name, address and phone number of the owner and sign contractor or erector.
The building official may require the filing of plans or other pertinent
information which, in his opinion, such information is necessary to insure
compliance with this chapter. Standard plans may be filed with the building
official.
(Ord.
No. 1667, § I,
Sec. 84-263. Fees.
A
sign permit fee and a plan checking fee shall be paid to the city in accordance
with the most current fee schedule adopted by the city.
(Ord.
No. 1667, § I,
Sec. 84-264. Maintenance.
(a) All
signs and supporting structures, together with all their supports, braces, guys
and anchors shall be kept clean, neatly painted, free from all hazards,
including, but not limited to, faulty wiring and loose fastenings, and be
maintained in a safe condition at all times so as not to be detrimental to the
public heath and safety. In the event that a sign fails to meet the
qualifications of this section, the administrator or his designee shall give
written notice to the person or persons responsible for such sign. If the sign
is not repaired or replaced within 60 days of such written notice, the permit
for such sign shall be revoked and the administrator is then authorized to
cause the removal of the sign. If such sign cannot be demolished because it is
painted on a non-sign structure, such sign shall be painted over or removed by
sandblasting. Any expenses incurred shall be paid by the owner of the land,
building, or structure on which the sign was removed. The building official
shall also file a lien against the property in the amount of the cost of any
and all such work.
(b) In the
event that the property for which the signage was intended for or on which the
signage is located has closed the business for a period of time exceeding 60
days, the administrator may require the owner of such property to cover all
signage so as to make all sign faces blank and free from wording or
advertisement.
(Ord.
No. 1667, § I,
Sec. 84-265. Inspections.
(a) All
signs for which a permit is required shall be subject to inspection by the
building official.
(b) Footing
inspections may be required by the building official for all signs having
footings with the exception of poles constructed to display permitted flags.
(c) All
signs containing electrical wiring shall be subject to the provisions of the
governing electrical code, and electrical components shall bear the label of an
approved testing agency.
(d) All
signs may be re-inspected at the discretion of the building official.
(Ord.
No. 1667, § I,
Secs. 84-266--84-279. Reserved.
DIVISION
3. NONCONFORMING USES;
VARIANCES
Sec. 84-280. Nonconforming uses/signs
and sign variances.
It
is the declared purpose of this division that nonconforming signs and signs
directing attention to nonconforming uses, eventually discontinue and the
signage comply with the regulations stated herein, having due regard for the
investment in such signs. Any sign that does not conform to the regulations
stated herein shall be deemed a nonconforming sign. Any lawfully existing
nonconforming use or building may erect and maintain a sign in accordance with
the schedule of on-premises signs contained in section 84-236 herein and other
applicable sections of this chapter regardless of the zoning district in which
the use the sign serves is located.
(Ord.
No. 1667, § I,
Sec. 84-281. Use of lawfully existing
nonconforming signs.
Any
permanent nonconforming sign that was lawfully erected and operated prior to
the effective date of this chapter may be used and maintained exactly as such
existed upon the effective date of this chapter. No lawfully existing
nonconforming sign shall:
(1) Be
changed to another nonconforming sign except as provided for by or 84-280 of
this chapter.
(2) Have
any changes made in the words or symbols used or the message displayed on the
sign unless the sign is specifically designed for periodic change of messages
such as a changeable reader board or electronic message center or billboard.
(3) Be
structurally altered so as to prolong the life of the sign or change the shape,
size, type or design of the sign.
(4) Be
reestablished after the activity, business, or usage to which it relates has
been discontinued over a period of 180 days or longer.
(5) Be
reestablished after damage or destruction of said sign if the estimated expense
of reconstruction exceeds 50 percent of the reproduction cost.
Sec. 84-282. Variances to the sign
standards.
The
board of adjustment may grant variances from the requirements of section 84-233
herein, upon application and finding that the granting of the variance will
reduce the degree of nonconformity of an existing sign or will result in the
removal of one or more lawfully existing nonconforming signs and replacement by
sign or signs more in keeping with the spirit, purpose and provisions of this
chapter. Should the board of adjustment grant a variance which permits the
erection or maintenance of a nonconforming sign, said
sign shall be deemed a lawfully existing nonconforming sign and shall be
subject to the requirements for same stated herein.
(Ord.
No. 1667, § I,
Secs. 84-283--84-299. Reserved.
DIVISION
4. SPECIAL SIGNAGE
PROGRAM
Sec. 84-300. Established.
To
avoid unnecessary hardship in the strict application of this section and to
allow for flexibility in design and to provide for creative and unique signage,
the city council may grant a special signage program that contains differing
standards from the requirements of this section. The city council may grant a
special signage program upon application and finding that the literal
enforcement thereof would result in an unnecessary hardship in the permitted
signage for a development or group of developmentsand
that the differing standards are necessary because such development or group of
developments differs from other developments within the city due to its plan of
development, location, area, shape or slope such that its signage cannot be
permitted hereunder in a manner commensurate with other developments within the
city. Any such special signage program shall comply with the intent of this
section and shall be granted only where same shall have the effect of enhancing
the quality of life and unique character of the community. Any special signage
program shall not be granted except by a three-fourths vote of the members of
the city council.
(Ord.
No. 1667, § I, 11-23-04)
Sec. 84-301. Applications.
Special
signage program application shall include all drawings, descriptions, and
details necessary to describe the proposal and the specifics of the standard
that differ from section 84-233 requested, together with a properly completed
application form supplied by the city, payment of the application fee for such
variance as established by the city schedule of fees, and a certificate stating
that all city and school taxes have been paid current to date for all
properties involved in the development or group of developments for which such
special signage variance is requested.
(Ord.
No. 1667, § I, 11-23-04)
Sec. 84-302. Permits.
Upon
grant of a special signage program, all appropriate permits for such signage
shall be obtained from the building official within 180 days, unless such time
limit is extended by the city council by a three-fourths vote of the members
thereof. Failure to obtain the necessary permits for such special signage
program within the time period herein specified shall automatically terminate
the grant of such program. In the event any sign or signs erected in conformity
with special signage program consist of standards that differ from those
established by this article, such signs(s) shall be considered lawfully
existing nonconforming signs and shall be subject to the requirements stated
within this article for same.
(Ord.
No. 1667, § I, 11-23-04)
Secs. 84-303--84-329. Reserved.