City of Rockwood, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Rockwood 3-4-2009 by Ord. No. 451.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 65.
Tobacco sales signs — See Ch. 231.
Signs on trees — See Ch. 235, § 235-5.
Zoning — See Ch. 270.
Sign permit fees — See Ch. A276.
Fines and/or penalties — See Ch. A277.
[1]:
Editor's Note: This ordinance also repealed former Ch. 202, Signs, adopted 11-19-2003 by Ord. No. 419, originally adopted 10-1-1997 by Ord. No. 356, as amended.

§ 202-1 Findings and purpose.

A. 
It is hereby determined that the proliferation of signs in the City can unduly distract motorists and pedestrians, thereby creating traffic hazards and reducing the effectiveness of signs needed to direct and warn the public. It is also determined that the aesthetic appearance of the small town is marred by a proliferation of signs. A proliferation of signs can restrict light and air, negatively affect property values, and result in an inappropriate use of land.
B. 
The purpose of this chapter is to control the occurrence and size of signs to reduce the aforementioned negative effects; to enhance the overall aesthetics within the City through regulation which allows and provides a reasonable means of communication that is attractive and safe for pedestrians as well as vehicular traffic. To achieve this purpose, the following objectives are outlined:
(1) 
To control the location of all signs in a manner which will not obscure the signs of adjacent businesses and establishments.
(2) 
To keep the signs at a reasonable height and scale to ensure their legibility and compatibility with their surroundings.
(3) 
To restrict the size, placement and number of off-premises, nonaccessory or billboard signs so that they do not conflict with business, residential and other land uses and to ensure that such signs are in keeping with the small-town character of the City and its limited needs for business advertising within the City boundaries. The restriction of off-premises signs and billboards to industrial districts is intended to serve Rockwood's important small-town community interests, and to promote legitimate and significant aesthetic interests which are intended to enhance property values.
(4) 
To restrict excessive and confusing sign displays that do not relate to the premises on which they are located.
(5) 
To keep street intersections clear of signs which might obstruct or distract the view of motorists.
(6) 
To restrict the proliferation of signs that will result in visual clutter, blight and an inappropriate use of land.
(7) 
To safeguard and enhance property values, protect private and public investment in buildings and open spaces, and to protect health, safety, and general welfare.

§ 202-2 Compliance required.

It shall be unlawful for any person, partnership, company, firm, corporation or any entity to erect, construct, maintain or alter any sign in the City without complying with the provisions of this chapter.

§ 202-3 Enforcement.

The City Administrator, the Building Official, police officers or any other City official designated by the City Council (i.e., Code Enforcement Officer) shall be authorized to enforce this chapter.

§ 202-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SIGN
A sign which advertises the use of the premises on which the sign is located, the product sold or produced on the same site, including but not limited to the name and address of the owner.
ADVERTISING SIGN
A sign which calls attention of the public to a product, activity, service, commodity or business.
A-FRAME or SANDWICH
A temporary sign with two faces attached at the top and spread apart at the bottom to form a triangular support form.
ANIMATED SIGN
A sign which uses lights, moving parts, or other means to depict action, create an image of a living creature or person, or create a special effect or scene.
AWNING or CANOPY
A sign painted on, printed on or attached to the surface of nonrigid materials on a supporting framework attached to the exterior wall of a building.
BALLOON
A temporary sign composed of an inflatable, nonporous bag.
BANNER
A temporary sign made of cloth, fabric, plastic, or other nonrigid material without an enclosing structural frame.
BILLBOARD
A large outdoor, nonaccessory or off-premises sign, the face of which is rented or leased for advertising services or products, activities, persons, policies or events which are not made, produced, assembled, stored, distributed, leased, sold or conducted upon the premises upon which the billboard is located.
BULLETIN BOARD
A permanent sign with temporary or replaceable letters or characters used to announce functions or activities and the dates thereof.
CHANGEABLE COPY
A sign on which the message changes automatically (for example, time or temperature).
COMMUNITY EVENT SIGN
A temporary, portable, a-frame, sandwich board, lawn or special purpose sign, other than a bulletin board, which is erected for a limited period of time to call attention to special events sponsored by nonprofit groups, associations or corporations not for profit.
CONSTRUCTION SIGN
A temporary sign advertising a construction project under development identifying the developers, contractors, engineers, brokers and architects of the building under construction.
DIRECTIONAL SIGN
A permanent sign designed for the purpose of orientation and either privately placed or placed by the City, county, state or federal government.
ELECTRONIC MESSAGE SIGN
A permanent sign that generates words and/or numbers into messages that repeat, move or change periodically.
ENTRANCEWAY SIGN
A permanent sign identifying a single or multifamily residential subdivision or condominium complex.
FLAG
A flag is a banner used as a symbol of a nation, state or other governmental entity or other organization.
FLASHING SIGN
A sign that is intermittently illuminated or reflects light intermittently from either an artificial source or the sun.
FREESTANDING SIGN
A permanent sign supported by one or more uprights, poles, pylons or foundation permanently set into the ground and not attached to any building or other structure.
GARAGE SALE SIGN
A temporary sign erected to notify the public of a sale of previously owned household items at a private residence. This definition applies equally to yard sale and rummage sale signs.
GROUND SIGN
A permanent freestanding sign supported by a permanent base on the ground or mounted on permanently imbedded post(s) extending not more than three feet above the ground.
HEIGHT OF SIGN
The vertical distance measured from the ground immediately beneath the sign to the highest point of the face of the sign or its supporting structure if higher than the sign face.
ILLEGAL SIGN
A sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
ILLUMINATED SIGN
A sign that provides artificial light on or through any translucent or transparent material from a light source within the sign or from an externally shielded light not visible from the right-of-way or from abutting property.
INFLATABLE SIGN
A temporary sign consisting of a nonporous bag or balloon inflated with air or gas.
INTERIOR SIGN
A sign which is visible from the public street, sidewalk, alley, or parking lot through an exterior window of a building.
LAWN SIGN
A temporary sign with metal or wooden support legs which are pushed or driven into the ground. Such signs are typically used as political signs, garage sales, for-lease or for-sale signs and other signs noticing activities of limited duration.
MARQUEE
A permanent structure constructed of rigid materials that projects from the exterior wall of a building generally over the means of ingress or egress of the building to which a sign is affixed.
MOVING SIGN
A sign in which the sign itself or any portion thereof moves or revolves.
MURAL
A design or representation painted or drawn on an exterior wall which does not contain promotional or commercial advertising.
NONACCESSORY OR OFF-PREMISES SIGN
A sign which identifies a use or advertises products and services not available on the site or parcel on which the sign is located or provides a message unrelated to the site on which the sign is located. A billboard is a nonaccessory sign.
NONCONFORMING
A sign which is prohibited under the terms of this chapter, but was erected lawfully and was in use at the time of the passage of this chapter or amendment thereof.
PERMANENT SIGN
A sign which has a permanent location on the ground or which is permanently affixed or attached to a structure and which meets the structural requirements for signs as established in the Building Code.
PLACARD
A sign which provides notices of a public nature, such as "no trespassing" or "no hunting."
POLITICAL SIGN
A temporary sign used in connection with a local, state or national election or referendum or a permanent sign expressing a political point of view.
PORTABLE SIGN
A sign attached to a support structure designed to facilitate the movement of the sign from one location to another. The sign may or may not have wheels, changeable letters, be illuminated and/or have portable hitches. A sign which is not supported by a structure permanently set into the ground pursuant to the requirements of the Building Code.
POSTER PANEL
A temporary sign used to draw attention to matters temporary in nature, such as price changes or sales. A-frame or sandwich signs are poster panel signs.
PROJECTING SIGN
A double-faced sign permanently attached to the roof or exterior wall of a building which projects out from the building so as to be viewed from both directions.
REAL ESTATE DEVELOPMENT
A sign advertising the construction and sale of lots, homes or building space in a subdivision, condominium complex or real estate development (such as a shopping center).
REAL ESTATE SIGN
A sign advertising the real estate upon which the sign is located as for sale.
ROOF SIGN
A display sign which is erected, constructed and maintained above any portion of the roof, be it attached to the roof itself or the exterior walls of a building.
SIGN
Visual or graphic device, or any object or form, designed through the use of words, numbers, colors, designs, characters or symbols to inform or attract attention and which is designed to be visible from outside any building or structure in which, upon which, or attached to which it may be located. Any announcement, display, billboard, illustration and insignia when designed and placed so as to attract general public attention. A sign shall be deemed to be a single sign whenever the proximity, design, content, or continuity reasonably suggest a single unit notwithstanding any physical separation between one or more separate parts. The word "sign" shall include any, but not be limited to, a banner, bulb, or other lighting device, streamer, pennant, balloon, insignia, emblem, logo, painting, placard, poster, propeller, flag (other than the official flag of a nation, state or local government), and any similar device of any kind, whether bearing letters or not, illuminated or nonilluminated, which is visible from a public place, including but not limited to highways, streets, alleys or public property or is located on private property and exposed to the public, which directs attention to a product, service, place, activity, person, institution, business, solicitation, political candidate, issue, policy, election or position on any particular topic.
SIGN AREA
The entire area within a circle, triangle, rectangle or other geometric shape enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material, graphic or color forming an integral part of the display or message, or used to differentiate the sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed, if no advertising matter is placed thereon.
SPECIAL PURPOSE OR SEASONAL SIGN
A temporary sign indicating a special purpose, activity or event which is installed for a limited period of time.
SUBDIVISION SIGN
A permanent ground sign advertising the name of a subdivision which is constructed on private property within the subdivision and owned by the developer of the subdivision or the subdivision's homeowners' association, otherwise known as an "entranceway sign."
TEMPORARY SIGN
Any type of sign or other advertising device constructed of cloth, canvas, fabric, plastic, paper or other light temporary material, with or without a structural frame which is not permanently affixed to the exterior wall of a building or permanently set into the ground pursuant to the requirements set forth in the Building Code, or any sign intended for a limited period of display, but not including decorative displays for holidays or public demonstrations; examples: for sale, rent or lease.
VEHICLE SIGN
Signs painted or mounted on the side of a vehicle, including signs on the face of a truck or trailer, intended to be used as a portable or semipermanent sign at the location of the vehicle.
WALL SIGN
A sign placed flat, adjacent to the exterior wall of a building.
WAYSIDE EXHIBIT
A freestanding sign with single or multiple faces for the purposes of relaying directional, historical, environmental, cultural, or educational information to persons utilizing designated nonmotorized pathways and are subject to design regulations as noted in this chapter. Wayside exhibits include: upright (kiosk); low-profile; and trailside signs. (See § 202-9.)
WINDOW SIGN
A sign or placard placed on the inside of a window and intended to be viewed from the outside.

§ 202-5 General sign regulations.

Any publicly displayed sign as defined above, any symbol or notice on the premises to advertise the business transacted at such location, product, goods, service sold or provided therein, or name of the person or firm conducting said business on the premises, or directing the reader to some other locale, or which calls attention of the public to a product, activity, service, commodity or business not located on the premises, shall be regulated as follows:
A. 
Permit. Any person, partnership, company, corporation or entity who desires to erect or display any form of sign as defined herein, unless otherwise exempt, shall first apply for and secure a permit from the City to display said sign.
B. 
Size, height and location. All signs shall comply with the square footage requirements, height limitations or location restrictions provided in § 202-10 or 202-11.
C. 
Clear corner vision. Signs, except as otherwise permitted herein, shall not be located at a street corner which would obscure the vision of drivers using such streets, and shall not conflict with traffic control signals at the intersection of any street. No sign, except as otherwise permitted herein, shall be located within a triangular area formed at the intersection of any two street right-of-way lines by a straight line drawn between such right-of-way lines at a distance along each line 25 feet from their point of intersection, unless specifically approved by City Council.
D. 
Illumination. Signs can only be illuminated by approved lighting devices. All illuminated signs shall be arranged or shielded so as not to interfere with the vision of persons on adjacent thoroughfares and/or adjacent properties, and in no event shall an illuminated sign shine onto adjacent property which is used for residential purposes.
E. 
Permanent nonaccessory signs. Permanent nonaccessory advertising signs are only allowed in M-1 and M-2 Industrial Districts.
F. 
Temporary nonaccessory signs. Temporary nonaccessory signs, such as real estate development signs designed to advertise the sale of lots in a residential subdivision under development, portable signs or placards advertising a community event, private activity or special sale, may be permitted on a temporary basis in any district but only upon securing approval as required in § 202-10 or 202-11.
G. 
Billboards. Billboards are permanent nonaccessory signs and are only permitted in M-1 and M-2 Industrial Districts, provided they meet the requirements of this chapter and the state construction and electrical codes, and are not located within 1,000 feet from a residential use, residentially zoned district or 2,000 feet from the location of another billboard sign.
H. 
Code compliance. All signs shall be erected and maintained in compliance with all applicable adopted building and electrical codes and any other applicable ordinances governing sign construction and location within the City. All signs shall be constructed so as to withstand normal wind forces encountered in the area as determined by the Building Official.
I. 
Maintenance. All signs shall be properly maintained in good working order and shall not be allowed to become unsightly or insecure, or in danger of falling through disrepair or action of the elements. Paper or paper-faced or plastic-wrap signs shall be maintained free of peeling paint, tears, sun fading, staining, rust or other conditions which might impair the legibility of such sign or cause it to become unsightly.
J. 
Garage sale or yard sale signs. Yard sale, garage sale and rummage signs require a permit from the City. No more than two such permits may be secured by the same property owner for the same residential address in one calendar year. This limitation on the number of permits excludes and does not include participation in the City-wide yard sale. A rummage, garage or yard sale may take place no more than three consecutive days at a time. The sign advertising the sale must be removed within 24 hours from the last day of the sale.

§ 202-6 Sign permits.

[Amended 9-21-2011 by Ord. No. 472]
A. 
Building Official and Planning Commission approval. Any permanent sign, not otherwise exempted from a permit requirement under this chapter, must be approved by the Building Official before a sign permit is issued. If the sign is a freestanding pole or vertical in-ground sign, a marquee or projecting sign or a billboard which changes the original approved site plans, said sign shall be approved by the Planning Commission before approval by the Building Official.
B. 
Building and electrical permits. Except as provided in § 202-7, it shall be unlawful for any person to construct, erect, re-erect, move, alter, enlarge or illuminate any sign unless a building permit shall have been first obtained from the City Building Department. Any sign that makes use of electricity shall, in addition to a sign permit, require an electrical permit, regardless of size.
C. 
Permit applications. Applications for sign permits shall be made upon forms provided by the City for this purpose and shall contain the following information:
(1) 
Name, address and phone number of the applicant.
(2) 
Location of the building, structure or lot on which the sign is to be attached or erected.
(3) 
Position of the sign on the building, structure or lot on which the sign is to be attached or erected.
(4) 
Position of the sign in relation to nearby buildings, structures, signs, property lines and rights-of-way, existing or proposed.
(5) 
Zoning district in which the sign is located.
(6) 
Two copies of the sign plans and specifications for method of construction and attachment to the building or in the ground. The sign plans shall include all pertinent data, including the highest point, low-point clearance, face outline and total face area, with method of calculation. When public safety so requires, the specifications shall include the certificate or seal of a registered structural or civil engineer as a condition to the issuance of the permit.
(7) 
Name and address of the sign erector, with a copy of his or her license and insurance policy.
(8) 
Such other information as the Building Department may require to show full compliance with this chapter, the building and zoning code and all other applicable laws of the City and the state.
D. 
Sign maintenance or change of message. No permit shall be required for ordinary servicing, repainting of existing message, or the cleaning of a sign. No permit is required for change of message of a sign designed for periodic message change without change of structure, including, in particular, a bulletin board, but not including a sign to which a new permanent face must be attached to change the message.

§ 202-7 Signs exempt from permit requirements.

A sign permit is not required for the signs listed in this section. Such exemptions, however, shall not be construed to relieve the owner from meeting the proper location, erection, removal and maintenance requirements set forth in §§ 202-10 and 202-11 of this chapter.
A. 
Government signs: signs erected by or on behalf or pursuant to the authorization of a governmental body, including legal notices, informational signs, or regulatory signs.
B. 
Flags: flags, pennants or insignia of any governmental or nonprofit organization when not displayed in connection with a commercial promotion or as an advertising device.
C. 
Address signs: signs not exceeding two square feet in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification not having commercial connotations.
D. 
Street signs: signs erected by the City, county, state or federal government for street names, traffic control, or direction and information.
E. 
Property direction signs: signs solely for the purpose of directing and guiding traffic and parking on private property that does not exceed three feet square.
F. 
Handicap signs: not exceeding four square feet each and bearing no advertising material.
G. 
Architectural features or artwork: integral decorative or architectural features of buildings or works of art as long as they are first approved by the Planning Commission and such features or works do not contain letters, trademarks, moving parts, or lights.
H. 
Small accessory signs: any sign erected on a premises which is no more than two square feet in area, such as "no trespassing" signs, or signs warning of animals. The total area of all small accessory signs on one premises shall not exceed eight square feet, except in residential areas, where such signs shall not exceed six square feet.
I. 
Political signs: Political signs shall be permitted subject to the following conditions:
(1) 
Political signs shall be placed on private property only and only with the permission of the property owner.
(2) 
Political signs cannot be located within a local, county or state right-of-way, attached to any utility pole, other sign or sign parts or landscaping, including trees.
(3) 
Political signs can only be freestanding, lawn or wall signs.
(4) 
Size, height and time limitations set forth in §§ 202-10 and 202-11.
(5) 
No more than one sign per candidate or issue shall be permitted at one location.
J. 
Real estate signs: Temporary signs used for advertising land or buildings for rent, lease and/or sale shall be permitted only on the land or building intended to be rented, leased and/or sold with the permission of the property owner.
K. 
Open house signs: Open house signs shall be permitted between the sidewalk and the curb at the corner of intersections between the hours of 8:00 a.m. until 6:00 p.m. on the day the residence is open for viewing. Real estate and open house signs may be regulated by the Police Department to insure compliance with this chapter to insure that they in no way impede or become a hazard to traffic. Open house signs or real estate signs found in violation of this section may be removed and taken to City Hall. Any sign not recovered within 48 hours may be destroyed by the City.
L. 
Temporary window signs or interior placards: Temporary widow signs or placards are allowed without a permit, subject to the regulations in § 202-10.
M. 
Historic markers: Historical markers under the authority of the local, state or federal government are allowed without a permit.
N. 
Temporary placards: A temporary placard not exceeding two square feet may be placed on private property without a permit for a period not to exceed 24 hours.
O. 
Light strings and holiday decorations: These items are permitted during the holiday seasons without a permit.
P. 
Umbrella: a sign or advertising that is an integral part of a fabric umbrella, used primarily to provide shade or cover to customers at a dining table within an approved outdoor dining area in conjunction with a licensed food service area.
Q. 
Construction sign: A sign under 64 square feet advertising the name of the company doing the construction or repair work on the premises where the sign is located shall be permitted once a building permit for construction has been issued. It shall be removed immediately after the issuance of a final certificate of occupancy.
R. 
Help wanted signs: Help wanted signs are permitted on a temporary basis when soliciting employees for the place of business where posted. If the sign remains in place for over a week, a permit shall be required.

§ 202-8 Signs prohibited throughout City.

The following signs are prohibited throughout the City, notwithstanding anything to the contrary in this chapter:
A. 
Animated or moving signs: signs that revolve, are animated or that utilize movement or apparent movement to attract attention, except signs indicating the time, date or temperature or barber poles.
B. 
Flashing signs: signs which are illuminated by or in any manner incorporate lights that flash, twinkle, move, or give the appearance of movements.
C. 
Banners, streamers, etc.: exterior banners, pennants, spinners, other than a banner or pennant used as a permitted sign under §§ 202-10 and 202-11.
D. 
String lights: Exterior string lights used in connection with a commercial premises are not permitted other than for holiday decorations.
E. 
Unsafe signs: any sign which is structurally or electrically unsafe or is not kept in good repair such that it has broken parts, missing letters or nonoperational lights.
F. 
Signs on utility poles and landscaping: any sign erected on a utility pole, directional signpost, or tree or any other landscaping which is not erected by the City, county, state or federal government or a public transit agency.
G. 
Signs on closed businesses: any business sign or sign structure now or hereafter existing which advertises a business conducted or a product sold which no longer exists, is no longer sold, or is no longer in business on the premises on which the sign is located. Such sign shall be considered nonconforming and abandoned and shall, within 30 days after such abandonment, be removed by the sign owner, the owner of the property where the sign is located, or other party having control over such sign.
H. 
Portable, nonexempt and nonanchored signs: portable signs, signs that appear to be freestanding but are not permanently anchored or secured to either a building or the ground in compliance with the Building Code, are prohibited, except as otherwise permitted or excepted herefrom.
I. 
Signs on vehicles: signs displayed on vehicles, trailers or containers when the subject vehicle, trailer or container is parked with the sole intent to attract attention to a certain business, service, or commodity either on or off the premises on which the vehicle, trailer or container is located. This does not include for sale signs of the vehicle itself, or logos, names and addresses of companies on the doors or panels of commercial vehicles. It applies to trucks, trailers or containers without the cab or vans left on a premises to advertise a service or product in order to avoid the application of the City's sign ordinance.
J. 
Sign structures without signs: The owner of any sign support structure or frame no longer containing a sign shall, within 30 days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the structural components of the sign. This subsection shall not be construed to prevent the changing of the message of the sign or interfere with the sale or change of ownership of the property on which the sign is located. The new sign shall be completed within 30 days of taking down the old message or from the sale of the property.
K. 
Roof-mounted signs: No roof-mounted signs shall be allowed in the City.
L. 
Projecting signs: No projecting signs shall be permitted in the City.
M. 
Public rights-of-way: No sign, temporary or permanent, or any pole or support cable of any nature for any sign, except those established and maintained by the City, county, state or federal governments, shall be located in, project into, or overhang a public right-of-way or dedicated public easement between the edge of the street and the public sidewalk if there is one, unless otherwise authorized in this chapter except for the public right-of-way along Fort Street, which may be available for use with administrative approval.
N. 
Traffic interference. No sign shall be erected or maintained which simulates or imitates in size, color, lettering, or design any traffic sign or signal or in such a manner as to interfere with, mislead, confuse or obstruct the view of or be confused with an authorized traffic signal or device.
O. 
Other. Any signs not expressly permitted in this chapter shall be prohibited.

§ 202-9 Signs permitted throughout City.

Nonmotorized pathway signs. These regulations are intended to permit signs and other displays that are needed for the purposes of providing identification, historical information, directional and mapping along designated nonmotorized pathway systems in any zoning district. Nonmotorized pathway signs shall enhance the aesthetic appeal of the designated nonmotorized pathways within the City, as identified by the Non-Motorized Pathway Master Plan. These regulations are intended to regulate trailside, low-profile, upright, informational kiosks, and historical signs. These regulations are also intended to prevent excessive accumulation of signs, which cause visual clutter.
A. 
Permitted placement. Nonmotorized pathway signs shall be permitted in all zoning districts which contain a nonmotorized pathway as indicated on the City's Non-Motorized Pathway Master Plan.
B. 
Number. The number of nonmotorized pathway signs shall not exceed one upright (kiosk) sign for every 1/2 mile of linear path and no more than two low-profile signs on privately owned property. The number of signs permitted within publicly owned parks or property shall be determined by the City Council, upon a recommendation of the Planning Commission.
C. 
Size. The maximum size of each such sign shall be as follows:
(1) 
Upright; single or multiple-faced kiosk-style exhibits;
(a) 
Shall not exceed 12 feet in height;
(b) 
Panel sizes shall be no larger than 12 square feet (24 inches by 36 inches or 36 inches by 48 inches);
(c) 
Shall be limited to a maximum of three panels for each exhibit;
(d) 
Shall be constructed to approved industry standards;
(e) 
Shall be set back a minimum of five feet from the edge of the designated trail. Roof edges shall be a minimum of three feet from the trail edge;
(f) 
Shall be placed on an accessible pad.
(2) 
Vertical angle; low-profile exhibits:
(a) 
Shall not exceed five feet in height;
(b) 
Panel sizes shall be no larger than six square feet;
(c) 
Shall be limited to one panel for each exhibit;
(d) 
Shall be constructed to approved industry standards;
(e) 
Shall be a minimum of 32 inches in height from the bottom of the exhibit panel to the finished grade;
(f) 
Shall be angled at 30° or 45°;
(g) 
Shall be accessible.
(3) 
Trail-side:
(a) 
Panel sizes shall be 5 1/2 inches in width and 11 1/2 inches in height;
(b) 
Shall be set back a minimum of three feet from the trail edge;
(c) 
Shall be constructed to adopted standards;
(d) 
Shall be a minimum of 32 inches in height from the bottom of the exhibit panel to the finished grade;
(e) 
Shall be angled at 30°;
(f) 
Shall be accessible.
D. 
Location. Signs shall comply with the setback requirements as noted above and shall not endanger life or limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public health or safety. Wayside exhibits shall have accessible hard-surfaced pads.
E. 
Panels. Panels shall be constructed of porcelain enamel, fiberglass embedded or digital print, subject to Planning Commission approval.
F. 
Advertising. Nonmotorized pathway signs shall not be permitted on a parcel for the purposes of advertising events, the sale of merchandise, commercial business establishments, or any other form of public or private promotion.

§ 202-10 Temporary signs.

All temporary signs, not otherwise exempt, require a permit to be issued by the City prior to being displayed. Temporary commercial merchandising signs, including A-frame signs, displayed outdoors are not to be left outdoors 24 hours a day. The issuance of the permit is subject to the limitations set forth in the following table:
Temporary Sign Standards
Type of Sign Districts Permitted Maximum Size Maximum Height Maximum Number Per Parcel Permit Required Required Setback Permitted Duration
Construction sign All 64 square feet 15 feet 1 No (a) From issuance of building permit to the issuance of certificate of occupancy
Real estate, sale or lease of individual home or residential lot Residential 6 square feet 6 feet 1 per street frontage No (a) Remove within 30 days of sale or lease
Real estate, sale or lease of individual business or vacant lot Office, commercial, industrial 16 square feet 10 feet 1 per street frontage No (a) Remove within 15 days of sale or lease or lease of unplatted vacant land
Real estate, sale or lease of unplatted vacant land All 64 square feet 10 feet 1 per street frontage Yes (a) Remove within 15 days of sale or lease
Real estate development sign All 64 square feet 10 feet 1 per street frontage Yes (a)(g) Remove within 15 days after all units or lots are sold or leased
Grand opening sign Commercial 16 square feet 10 feet 1 No (a) 60 days
Garage sale sign Residential 4 square feet 5 feet 2 Yes (d) 3 consecutive days, removed immediately after sale
Community, church, nonprofit, educational, special event sign All (e) (e) (e) Yes (a) Displayed not more than 2 weeks prior; removal within 48 hours
Political sign Office, residential, commercial and industrial 16 square feet 10 feet 1 per candidate facing each street frontage No (d) From 45 days prior to election to 7 days after election
Window sign, placard Commercial 25% of window area Not applicable Not applicable No Not app. 30 days for each sign
Merchandise window sign Commercial 25% of window area in which sign is placed Not applicable Not applicable No Not app. 7 days before day of sale not to exceed a total of 30 days
Temporary movable signs Commercial A-frame sign or moveable on wheels 4 x 8 1 Yes (d) A-frame: 1 year; moveable on wheels: 7 days before sale not to exceed a total of 30 days. 2 sales permitted per permit
NOTES:
(a) The temporary sign shall comply with the setback requirements for the district in which it is located.
(b) On a corner parcel, two signs, one facing each street, shall be permitted.
(c) One sign shall be permitted for each frontage on a secondary or major thoroughfare.
(d) The temporary sign may be located in the required setback area, but shall not be located within the road right-of-way, except as permitted under § 202-8M.
(e) Community special event signs may include ground or wall signs, banners, pennants, or similar displays; the number, size and height of such signs shall be subject to administrative approval.
(f) The total of all window signs, temporary and permanent, shall not exceed 25% of the total window area.
(g) Real estate development signs shall not be erected within 100 feet of any occupied dwelling unit.
All temporary signs requiring permits will be administratively approved unless the applicant requires waiver of fee or an extension of time. Said waivers are given only with approval of City Council.

§ 202-11 District restrictions.

Requirements for permanent signs in individual zoning districts are contained in the following tables:
A. 
RA-1, RA-2, RA-3: Single-Family Residential.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Wall (address) 1 2 square feet 6 inches No No
Entranceway (serving 4 or more lots or units) 1 30 square feet and not more than 50% of entranceway structure 6 feet Yes 10 feet
Churches, schools, nonprofit institutions, governmental buildings
1 ground sign 1 30 square feet 6 feet Yes 1/3 distance from the lot line to building;
or
1 bulletin board 1 30 square feet 6 feet Yes Maximum 100 feet
(1) 
Condominium master deeds or homeowners' association documents and related deed restrictions shall contain provisions acceptable to the City Attorney for perpetual maintenance of entranceway signs, and such provisions shall be recorded with the county Register of Deeds.
(2) 
One ground sign or one bulletin board sign shall be permitted for churches, schools, nonprofit institutional or government builders, but not one of each.
B. 
R-B and R-C: Multiple-Family Residential.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Wall 1 per street frontage 5% of wall area to which sign is affixed Cannot project above the roofline Yes N/A
Ground 1 30 square feet and not more than 5% of entranceway structure 6 feet Yes 10 feet
Freestanding None 0 0 0 0
(1) 
R-B Districts will allow all of the signs permitted in RA-1, RA-2 and RA-3 Districts.
(2) 
RC Districts will permit the following signs in addition to those allowed in an R-B District.
C. 
R-M: Mobile Home Park District.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Ground 1 per street frontage 30 square feet 6 feet Yes 10 feet
or
Entranceway 1 30 square feet and not to exceed 50% of structure 6 feet Yes 10 feet
Wall (office identification) 1 6 square feet 3 feet Yes N/A
(1) 
The site may have either a ground sign or an entranceway sign but not both.
D. 
OR: Office/Residential.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Freestanding 1 10 square feet 4 feet Yes 20 feet from residential property line; 10 feet from nonresidential structure
Wall 1 18 square feet 3 feet Yes N/A
(1) 
The site may have either a freestanding or a wall sign, but not both.
(2) 
Wall signs shall be permitted only on structures not originally built for residential purposes.
E. 
O-1: Office District.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Ground sign 1 per street frontage 50 square feet 8 feet Yes 15 feet from lot line
Wall 1 per street frontage Maximum of 10% of wall area sign is affixed to facing street Not above roof Yes N/A
(1) 
The total signage permitted shall be proportional to the street frontage based on a ratio of one square foot of signage permitted for every two linear feet of lot frontage or 50 square feet, whichever is less. The total signage permitted on a lot with more than 200 feet of frontage shall be an additional 0.25 square foot per two feet of frontage.
F. 
B1: Local Business District.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Wall 2 signs per tenant Maximum 10% of wall area Not above roofline Yes N/A
Awnings and companies marquees See Subsection F(3) 2 square feet for each linear foot of wall it is attached to, not to exceed 40 square feet Not above roofline Yes N/A
Interior window signs See Subsection F(4) 25% of window area through which sign is viewed Permanent signs, yes N/A
A-frame or sandwich signs 1 2 feet 4 feet Yes 1 foot
(1) 
The total signage permitted shall be proportional to street frontage, based on a ratio of one square foot of signage for every two feet of linear feet of lot frontage or 50 square feet, whichever is less, for commercial lots with less than 200 linear feet of lot frontage. The total signage permitted on commercial lots with more than 200 linear feet of lot frontage shall be an additional 0.25 square foot per two feet of frontage.
(2) 
The area of all the wall signs, window signs, ground signs, freestanding signs, exterior banners and temporary signs is connected together and weighted against the total square footage of signage permitted in a B1 District.
(3) 
Awnings, canopies and marquees cannot project more than four feet beyond the face of a building, except in the case of the unique design of the building which has been approved by the City Planning Commission and the City Engineer. The face of the sign shall be on the vertical portion of the structure.
(4) 
The square footage of all interior window signs (both permanent and temporary) shall count towards the maximum square footage of signage permitted on a lot. Therefore, if a commercial establishment has maxed out the square footage allowed for a wall sign, no window signs shall be allowed.
(5) 
The area of an A-frame sign shall not be counted against the total sign area permitted on a lot.
(6) 
An A-frame sign may only be displayed during the operating hours of the advertised business.
(7) 
An A-frame sign may not be displayed on public property, public sidewalks or in public rights-of-way without a permit; waiver of fees require permission of City Council.
G. 
B2: Planned Community Business District.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Wall 1 sign per tenant per street frontage ? Not to exceed roofline Yes N/A
Ground 1 30 square feet 10 feet Yes See Subsection G(5)
Freestanding 1 ? 10 feet Yes See Subsection G(5)
Awnings and companies marquees See Subsection G(3) 2 square feet for each linear foot of wall it is attached to, not to exceed 40 square feet N/A Yes N/A
Interior window signs See Subsection G(4) 25% of window area through which sign is viewed N/A Permanent signs, yes N/A
A-frame or sandwich signs 1 2 feet 4 feet Yes 1 foot
(1) 
The total signage permitted shall be proportional to street frontage, based on a ratio of one square foot of signage for every two feet of linear feet of lot frontage or 50 square feet, whichever is less, for commercial lots with less than 200 linear feet of lot frontage. For commercial lots with more than 200 linear feet of lot frontage, the total signage permitted shall be an additional 0.25 square foot per two feet of frontage.
(2) 
The area of all the wall signs, window signs, ground signs, freestanding signs, exterior banners and temporary signs is connected together and weighted against the total square footage of signage permitted in a B2 District.
(3) 
Awnings, canopies and marquees cannot project more than four feet beyond the face of a building, except in the case of the unique design of the building which has been approved by the City Planning Commission and the City Engineer. The face of the sign shall be on the vertical portion of the structure.
(4) 
Interior window signs (both permanent and temporary) shall count towards the maximum square footage of signage permitted on a lot.
(5) 
The location of ground and freestanding signs shall be incorporated and approved as part of the site plans.
(6) 
The area of an A-frame sign shall not be counted against the total sign area permitted on a lot.
(7) 
An A-frame sign may only be displayed during the operating hours of the advertised business.
(8) 
An A-frame sign may not be displayed on public property, public sidewalks or in public rights-of-way without a permit; waiver of fees requires permission of City Council.
H. 
B3: General Business District.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Wall 1 sign per tenant per frontage ? Roofline Yes N/A
Ground 1 30 square feet 1 foot 4 feet
Freestanding 1 30 square feet 10 feet Yes 15 feet
Awnings and companies marquees See Subsection H(3) 2 square feet for each linear foot of wall it is attached to, not to exceed 40 square feet N/A Yes N/A
Interior window signs See Subsection H(4) 25% of window area through which sign is viewed N/A Permanent signs, yes N/A
A-frame or sandwich signs 1 2 feet 4 feet Yes 1 foot
(1) 
The total signage permitted shall be proportional to street frontage, based on a ratio of one square foot of signage for every two feet of linear feet of lot frontage or 50 square feet, whichever is less, for commercial lots with less than 200 linear feet of lot frontage. For commercial lots with more than 200 linear feet, the total signage permitted increases an additional 0.25 square foot per two feet of frontage.
(2) 
The area of all the wall signs, window signs, ground signs, freestanding signs, exterior banners and temporary signs is connected together and weighted against the total square footage of signage permitted in a B3 District.
(3) 
Awnings, canopies and marquees cannot project more than four feet beyond the face of a building except in the case of the unique design of the building which has been approved by the City Planning Commission and the City Engineer. The face of the sign shall be on the vertical portion of the structure.
(4) 
Interior window signs (both permanent and temporary) shall count towards the maximum square footage of signage permitted on a lot.
(5) 
The area of an A-frame sign shall not be counted against the total sign area permitted on a lot.
(6) 
An A-frame sign may only be displayed during the operating hours of the advertised business.
(7) 
An A-frame sign may not be displayed on public property, public sidewalks or in public rights-of-way without a permit; waiver of fees require permission of City Council.
I. 
M1: Light Industrial.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Ground 1 per lot 32 square feet 6 feet Yes 4 feet
Wall 1 per street frontage 5% of wall area to which sign affixed 20 feet Yes N/A
Freestanding accessory 1 100 square feet 10 feet Yes
Freestanding nonaccessory 1 300 square feet 20 feet Yes
(1) 
The buildings can have either a ground sign or a freestanding sign, but not both.
(2) 
Nonaccessory signs, including billboards, shall not be erected or constructed closer than 2,000 feet from the next nonaccessory sign in either direction on the same side of the right-of-way and not within 1,000 feet of residentially used property.
(3) 
A cash bond in the amount established by resolution of City Council shall be filed with the City to guaranty proper maintenance of the sign for the period of the permit. If the applicant fails to maintain the signs, such bond shall be forfeited and the sign removed by the City.
J. 
M2: Heavy Industrial.
Type of Sign Number Per Lot Maximum Size Maximum Height Permit Required Setback Required
Ground 1 32 square feet 6 feet Yes 15
Wall 1 per street frontage 10% of wall area to which sign is affixed 10 feet Yes N/A
Freestanding nonaccessory 1
(1) 
A cash bond in the amount established by resolution of City Council shall be filed with the City to guaranty proper maintenance of the sign for the period of the permit. If the applicant fails to maintain the signs, such bond shall be forfeited and the sign removed by the City.
(2) 
The buildings can have either a ground sign or a freestanding sign, but not both.
(3) 
Nonaccessory signs, including billboards, shall not be erected or constructed closer than 2,000 feet from the next nonaccessory sign in either direction on the same side of the right-of-way and not within 1,000 feet of residentially used property.

§ 202-12 Nonconforming signs.

A. 
Definition. Every legally existing sign which does not conform to the height, size, area or location requirements of this chapter as of the date of the adoption of this chapter is hereby deemed to be nonconforming. Any sign that was nonconforming at the time of the adoption of Ordinance No. 356 shall continue to be nonconforming without interruption of the term of nonconformance by the adoption of this chapter.
B. 
No change. Nonconforming signs may not be expanded, or change in shape, size, type, placement, design, illuminated or structurally reconstructed to prolong the life of the sign; however, said signs may be maintained and repaired so as to continue the useful life of the sign.
C. 
Fifty percent rule. No damaged nonconforming sign shall be replaced or structurally altered if the cost of repairing the damage exceeds 50% of the estimated cost of replacement or alteration unless it is reconstructed in compliance with all applicable requirements of this chapter, the building code and the Zoning Ordinance.[1]
[1]:
Editor's Note: See Ch. 270, Zoning.
D. 
Altered. For the purpose of this section only, the term "altered" or "reconstruction" shall not include normal maintenance.
E. 
Site plan review. Whenever the principal building on a site on which a nonconforming sign is located is modified to the extent that site plan review and approval is required, the nonconforming sign shall be removed.

§ 202-13 Removal of nonconforming off-premises or nonaccessory signs.

A. 
Intent. It is the intent of this chapter to eliminate nonconforming signs.
B. 
Ninety days. Any sign which for a period of 90 days no longer advertises a bona fide business conducted, service performed or product sold at the premises the sign is located shall be removed by the owner of the building, structure or property within 30 days of receipt of notice from the City to do so.
C. 
Removal of building. If the owner of the sign or the premises on which the sign is located removes the building so that any sign on the premises becomes nonconforming, such sign must be removed or made conforming.
D. 
Nuisance. Nonconforming off-premises signs including billboards are deemed to be a nuisance under this chapter because of their failure to meet the provisions of this or the former Ordinance No. 356 which was adopted to protect the health, safety and welfare of the residents, the aesthetic appearance of the City and the value of the property improvements made therein.
E. 
Limitation of nonconformance. Nonconforming off-premises signs, nonaccessory signs including billboards which were in existence at the time of the adoption of Ordinance No. 356 (November 1, 1997) shall be allowed to continue to exist for a period not to exceed 10 years from the date of adoption of Ordinance No. 356. It was determined at the time of adoption of Ordinance No. 356 that the law permitted an owner of a nonconforming sign to be able to secure a reasonable return on its capital investment and satisfy any then-existing lease obligations. Ten years was considered by the Supreme Court to be a reasonable period of time for that to occur, unless otherwise extended by City Council. Any nonconforming or off-premises sign, nonaccessory sign or billboard permitted since the adoption of Ordinance No. 356 shall be permitted to exist no more than 10 years from the adoption of this chapter.

§ 202-14 Removal of unsafe and illegal signs.

A. 
Unsafe and dangerous or unlawful signs as determined by the Building Official or authorized administrative official shall be removed or made safe within 30 days of receipt of a notice.
B. 
Failure to comply. Should the property owner and/or sign owner fail to comply with a thirty-day notice to remove the sign, the enforcing official shall have the option to ticket the owner of the premises and/or illegal sign or take all steps necessary to cause the removal of the unsafe sign or correct the unsafe condition. Any cost incurred by the City in securing the removal of the sign or making the sign safe shall be paid for by the property owner. If the property owner fails to make such payment, the City shall be hereby empowered to assess the cost as a lien against the real property.

§ 202-15 Appeals and variances.

A. 
Appeal decision of Planning Commission. An appeal of any decision by the Planning Commission shall be made to the City Council. The appeal shall be made by filing with the City Clerk an application for hearing before the City Council specifying the grounds for appeal. The City Clerk shall transmit to the City Council all documents relating to the appeal. Upon receipt of the appeal application from the City Clerk, the City Administrator shall by resolution establish a date of the public hearing, which date shall respect the following requirements:
(1) 
All owners of property within 300 feet of the property proposed to be the site of such sign shall be notified by U.S. mail.
(2) 
Said notice shall be postmarked no less than 14 days before the date of the public hearing.
B. 
Appeal of decision of Building Official. An appeal of any decision made by the Building Official shall be made pursuant to the appeal process set forth in the State Construction Code.
C. 
Appeal of height, size and location. Only the Zoning Board of Appeals has the power to grant specific variances from the height, size and location requirements pursuant to the procedure set forth in the Zoning Code.[1]
[1]:
Editor's Note: See Ch. 270, Zoning.

§ 202-16 Penalty.

A. 
General. It shall be unlawful for any person to erect, construct, maintain, enlarge, alter, move, or convert any sign in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter. A violation shall be a civil infraction, punishable as provided in Chapter 1, General Provisions, Article I. Any sign constituting an immediate hazard to health and safety is hereby deemed a nuisance and may be removed by the Building Official at the expense of the owner of the sign.
B. 
Signs in public right-of-way. In addition to the penalties prescribed in Subsection A, any sign erected in violation of this chapter in a public right-of-way may be removed by the City and stored in a safe location for a minimum of at least 48 hours. During this period of time the owner of the sign may obtain his or her sign upon request and payment of a fee as set by resolution of the City Council for each sign to cover the costs of removal and storage.[1] After 48 hours, the City may dispose of the sign as it may seem fit.
[1]:
Editor's Note: See Ch. A277, Fines and/or Penalties.