[Ord. No. 1383 §700, 1-6-2003]
The purpose of this Article is to provide standards to safeguard
life, health and property and to promote the public welfare by regulating
the design, area, number, construction, location and installation
of all signs referred to hereunder.
The Board of Aldermen and the City Planning Commission of the
City of Oak Grove recognize that the visual environment has an effect
on the welfare of the citizens of Oak Grove and that careful control
of signage can preserve and enhance the community.
A.
To
carry out this general purpose, the regulations set forth herein are
intended to:
1.
Encourage well-maintained and attractive sign displays that meet
the need for adequate business identification, advertising and communication.
2.
Protect the public from hazards that result from signs that are structurally
unsafe, obscure the vision of motorists and/or compete or conflict
with necessary traffic signals and warning signs.
3.
Limit the proliferation of those signs that are accessory or carry
messages other than the name or principal product or service located
on the premises.
4.
Encourage signs that are well designed and compatible with the surroundings
and with the buildings that they are attached to or mounted on.
[Ord. No. 1383 §701, 1-6-2003; Ord. No. 1397 §1, 3-21-2003; Ord.
No. 1565 §1, 4-2-2007]
Exempt sign means any of the following (however, in no case
shall the following signs be allowed within the public right-of-way):
A.
A sign
that is required or authorized by any law, Statute or ordinance, is
designed to identify any public area or installation that gives notice
of danger in connection with a public project or hazard.
B.
Any
sign in the nature of a cornerstone or commemorative or historical
tablet or landmark designation plaque erected by a public or non-profit
body or organization.
C.
Any
sign that identifies by name or number of each individual building
within any institutional or residential building complex and that
does not exceed one and one-half (1½) square feet in area.
D.
Any
sign in the nature of a decoration, identification or direction incidentally
and customarily associated with any national or religious holiday
or any civic festival, fair or similar gathering held during a period
of ten (10) days or less in any year, provided such sign shall not
differ substantially from the requirements set forth in this Article.
E.
Any
sign (window sign, see definition) in a display window of a business
establishment that is incorporated into a display of merchandise or
a display relating to service offered on the premises.
F.
A sign
not to exceed four (4) square feet in size displayed for a period
of not more than forty-eight (48) hours at one time and no more than
twice in any one (1) year period. Three (3) residential garage sale
signs will be permitted; two (2) may be off-property with permission
of the property owner where the sign is displayed. These signs may
be displayed only during the hours that the advertised activity is
to take place and must be a self-supporting type sign.
G.
Traffic
directional signs, (on private property) that are designed to provide
direction and do not in any way advertise a business and are not more
than three and one-half (3½) square feet in area, shall be
located a minimum of one (1) foot from the right-of-way of any street
and shall not exceed three (3) feet above the existing grade (immediate
surrounding grade) or visual barrier but in no case more than seven
(7) feet in height. The number of traffic direction signs shall be
limited to one (1) per driveway.
H.
Landscape
features, such as plant materials, berms, boulders, fencing and similar
design elements, incorporated in conjunction with freestanding, ground-mounted
signs are encouraged and shall not be counted as part of the allowable
sign area.
I.
All exempt signs must meet the requirements of Section 405.310(E) — Restrictions.
[Ord. No. 1383 §702, 1-6-2003; Ord. No. 1397 §2, 3-21-2003]
A.
It
shall be unlawful for any person, firm, corporation or organization
to place, erect, alter or relocate within the City any sign, as defined
in this Article, without first obtaining a permit and paying the required
fee therefor, unless exempt or excepted herein.
B.
Permits
shall not be required for a change of copy on a changeable copy sign
nor for the repainting, cleaning and other normal maintenance and
repair of any sign and its structure if the sign copy does not change.
C.
Permits
shall be subject to all applicable fees adopted by the Board of Aldermen.
D.
Notwithstanding any provision of this Unified Development Code to the contrary, no permit shall be required for a public election or referenda sign, as defined in Section 405.280(F), that does not exceed sixteen (16) square feet.
[Ord. No. 1383 §703, 1-6-2003]
Any person, firm, corporation or organization desiring to place,
erect, alter or relocate a sign, as herein defined, except an exempt
sign, shall make application to the Building Inspector and shall provide
in writing the following information:
A.
Name,
address and telephone number of the applicant, owner (or owner's authorized
representative) and the person, firm, corporation or association erecting
the sign.
B.
A plot
plan, dimensioned, showing the location of the building, structure
and lot that the proposed sign is to be attached to or erected on.
C.
Photographs
showing the location of the proposed sign and its relationship to
the building that it is to be mounted on or the surrounding area if
it is not a wall sign.
D.
One
(1) drawing of the proposed sign showing the message to be displayed
and method of construction, landscaping and attachment to the building
or ground.
E.
A colors
sketch showing the proposed color combination of the sign with proposed
and existing surrounding materials.
F.
Written
consent of the owner (or the authority to act on behalf of such owner)
of the building, structure and land that the sign is to be erected
on.
G.
A description
of all electrical equipment and attachments if the sign is to be lighted
or illuminated.
H.
Applications
for temporary permits, as defined herein, shall include a written
statement that the sign will be displayed for a period of time not
exceeding twenty-one (21) days.
[Ord. No. 1383 §704, 1-6-2003; Ord. No. 1515 §11, 6-5-2006]
A.
The
Zoning Officer, or his/her designee, upon the filing of an application
for a sign permit, shall examine the application within fourteen (14)
days from the date of submittal. If the Zoning Officer determines
that the application is complete, the sign complies with the requirements
of this Article and all other ordinances of the City, the Zoning Officer
shall issue a sign permit.
B.
If the Zoning Officer denies the permit, the reasons for denial shall be stated in writing to the applicant and the applicant may appeal the determination of the Zoning Officer to the Planning Commission. The process for appeal to the Planning Commission shall be the same as Section 405.075, General Requirements for All Applications. The Planning Commission shall review all applications within forty-five (45) days of submittal and approve, conditionally approve or disapprove the application. Any decision of the Planning Commission may be appealed to the Board of Zoning Adjustment by making application for a variance. A sign permit fee paid in accordance with Section 405.305 shall be applied towards the fee necessary to appear before the Board of Zoning Adjustment.
C.
In
the event that a permit is issued but the sign authorized by the permit
is not attached or erected within six (6) months after the issuance
of the permit, the permit shall expire and be null and void.
[Ord. No. 1383 §705, 1-6-2003; Ord. No. 1637 §2, 6-1-2009]
The following sign review guidelines shall be used by the Planning Commission in acting on sign permit applications as required in Section 405.290 above and by the Board of Zoning and Adjustment acting on variances.
A.
Any
signage affixed to a building should be dimensioned and located in
such a manner that it fits the building's architectural features and
proportions.
B.
All
signs should be designed to fit the zoning and status character of
the surrounding area. Special consideration should be made where proposed
signage is located on or adjacent to locally identified historic structures
or publicly owned recreation and conservancy areas. Signage in planned
district or planning areas, such as downtown, will be required to
conform to the planned or existing dominant architectural theme of
the area. Signage in or abutting residential properties should be
designed and located so as not to create a residential nuisance.
C.
As
a general guideline and where feasible, ground-mounted, freestanding
signs larger than six (6) square feet shall be located at least one
hundred (100) feet apart.
D.
Signs
illuminated by floodlight or spotlights must be positioned in such
a manner that none of the light spills over onto an adjoining property
or glares or shines into the eyes of motorists or pedestrians and
may not exceed three (3) foot-candles at the lot line.
E.
As
a general guideline, the colors and materials should be kept to a
minimum and shall be consistent with adjacent signage and architecture.
F.
Landscape
features will be encouraged as part of all ground-mounted signs. Landscape
plantings or other landscape materials will not be counted as part
of the allowable signage.
G.
Signs
affixed to the exterior of a building shall be compatible with the
style, composition, materials, colors and details of the building,
as well as with other signs used on the buildings in close proximity
to the new sign.
H.
Signs
shall be mounted so that the method of installation is concealed.
Signs applied to masonry surfaces shall be mechanically fastened to
mortar joints only and not directly into brick or stone. Drilling
to provide electrical service shall follow the same rule.
I.
No
sign shall be suspended by chains or other devices that will allow
the sign to swing due to wind action. Signs shall be anchored to prevent
any lateral movement that would cause wear on the sign face or supporting
members of connections.
J.
All
permanent signs and their supporting members shall be constructed
of non-combustible materials.
K.
Sign
material shall be compatible with the design of the face of the facade
where they are placed and should contribute to the legibility of the
sign.
L.
All
signs shall comply with the appropriate detailed provisions of the
City's adopted building codes and the Unified Development Code as
related to the design, structural members and connections.
M.
Monument
sign structures shall be constructed utilizing the materials and colors
of the primary structure on the site or other compatible material
as approved by the Zoning Official.
N.
All
permanent signs shall be designed and constructed using a licensed
and bonded sign company. All permanent signs shall use appropriate
materials and shall not be constructed using the following materials:
[Ord. No. 1383 §706, 1-6-2003]
The applicant shall pay a permit fee in an amount established
by the City's standard fee schedule.
[Ord. No. 1383 §707, 1-6-2003; Ord. No. 1565 §§2 —
4, 4-2-2007; Ord. No. 1637 §§3 — 4, 6-1-2009]
A.
Limitations On Purposes. All signs shall be limited to the
owner's, tenant's or occupant's name or business name, logo and registered
trademark, profession or trade, approved art work (such as seals,
symbols or crests), as well as the principal services offered or products
sold within the building or on the premises that the sign is to be
attached to or to be erected on, except exempt signs.
B.
Safety Regulations — Attachment — Location. No
sign or any part thereof or anchor, brace or guide rod shall be attached,
fastened or anchored to any fire escape, fire ladder or standpipe,
and no sign or any part thereof or anchor, brace or guide rod shall
be erected or maintained that may cover or obstruct any door, doorway
or window of any building and that may hinder or prevent ingress or
egress through such door, doorway or window or that may hinder or
prevent the raising or placing of ladders against such building in
the event of fire.
C.
Safety Regulations — Dead Loads — Live Loads. All signs, except flat signs and those signs weighing less than
ten (10) pounds, shall be designed and constructed to withstand a
wind pressure of not less than thirty (30) pounds per square foot
of area and shall be constructed to adequately support the dead load
and any anticipated live loads (e.g. ice, snow or wind) of the sign.
D.
Roof Signs — Limitations. No sign shall be mounted
upon any roof of any building or structure in any district other than
"B-2" and "M-1" zones and then only upon issuance of a variance, except
a sign painted on the roof of a building or structure that is designed
to provide information to air traffic.
E.
Restrictions. No person shall paste or otherwise fasten
any paper or other material, paint, stencil or write any number, sign,
name or any disfiguring mark within any street right-of-way, on any
sidewalk, curb, gutter, street, post, fire hydrant, pole or tree,
any other sign, building, fence or other structure, nor shall any
of said objects be defaced in any manner.
F.
Flashing, Lighted Signs — Regulations. No flashing,
alternating, rotating or swinging flood, spot, strobe or beacon light
is permitted for the purpose of illuminating any sign. This shall
not apply to electronic changeable copy or messenger center signs.
No flashing, alternating, rotating or swinging flood, spot, strobe
or beacon light illuminating any sign shall be located in such manner
as to permit its beam or a glare of light to be directed onto surrounding
premises or roadways. Each illuminated sign shall comply with the
Electrical Code of the City.
G.
Billboards.
1.
Conditional use. Billboards shall be allowed only
if reviewed and approved as a conditional use pursuant to the Oak
Grove Unified Development Code and in compliance with the following
standards:
a.
Billboards may be located only on lots contiguous to the right-of-way
of Interstate Highway 70.
b.
Billboards shall not be located within one thousand (1,000) feet
of any land zoned for residential purposes.
c.
Billboards shall not be erected within one thousand four hundred
(1,400) feet of any other billboard located on the same side of Interstate
Highway 70. Such minimum spacing distance shall be measured along
the centerline of the interstate highway from a point opposite any
edge of a billboard and perpendicular to the centerline of the highway.
d.
Billboards shall not be erected within one thousand (1,000) feet
of any highway interchange as measured from the centerline of the
intersecting street along the centerline of the interstate highway
and no sign shall be located in such manner as to obstruct or otherwise
physically interfere with the effectiveness of an official traffic
sign, signal, or device or obstruct or physically interfere with a
motor vehicle operator's view of approaching, merging, or intersecting
traffic.
e.
Billboards shall not be erected within a five hundred (500) foot
radius of any billboard located on the opposite side of the Interstate
Highway 70 right-of-way.
2.
Size. The maximum area for any one (1) sign shall
be eight hundred (800) square feet with a maximum height of thirty
(30) feet and a maximum length of seventy-two (72) feet, inclusive
of the border and trim but excluding the base or apron, supports,
and other structural members.
3.
Location. No billboard shall be attached to the
roof or wall of any building.
4.
Face. No new billboard shall be erected having more
than one (1) viewable sign face that is directed toward the same lane
of traffic.
5.
Illumination. Billboards may be illuminated by electrical
lighting of the surface of the sign face; however, no flashing, blinking
or intermittent lighting of billboard sign faces shall be allowed.
No revolving or rotating beam or beacon of light that simulates any
emergency light or device shall be permitted as part of any sign.
No sign shall be illuminated so that it interferes with the effectiveness
of, or obscures, an official traffic sign, device or signal.
6.
Structure. A billboard is a structure for the purposes
of the Unified Development Code, and all intensity, setback and other
zoning district regulations shall apply to the structure. The maximum
height of the sign structure may not exceed forty-five (45) feet above
the elevation of the roadway of Interstate 70 as measured from the
nearest point of the sign to the road. The maximum height of a sign
structure may be increased by up to an additional ten percent (10%)
upon approval by the Board of Aldermen.
7.
Service drives. All billboards must be accessible
by a paved access drive that is internal to the lot or parcel on which
the sign is located.
8.
Certifications. All billboards must have the certification
of a professional engineer stating that the soil and subsurface is
capable of accepting the projected load of the sign, that the electrical
components are constructed pursuant to all codes, and that the structural
strength of the sign is sufficient. All applications for billboards
will be accompanied by a certified boundary survey prepared by a registered
land surveyor that identifies the location of the proposed billboard
and establishes that it complies with all required setbacks and distance
requirements.
9.
Financial security. All applications for billboards
will require a bond, letter of credit or other form of financial security
to ensure removal of signs that are not validly permitted or that
constitute a nuisance in the amount of fifty percent (50%) of the
construction value of the sign. The following types of billboards
are defined to constitute a nuisance:
a.
Abandoned Billboard: A billboard which has carried
no message for more than one hundred eighty (180) days or which no
longer identifies a bona fide business, lessor, service, owner, product,
or activity, date or time of past event, and/or for which no legal
owner can be found.
b.
Damaged Billboard: A billboard which becomes damaged
or dilapidated to fifty percent (50%) or more of its physical structure
or economic value.
c.
Structurally Unsound Billboard: A billboard which
is no longer adequately supported by the structure for which it was
designed.
H.
Pole Signs.
1.
Conditional Use. Pole signs shall be allowed only if reviewed
and approved as a conditional use pursuant to the Oak Grove Unified
Development Code and in compliance with the following standards:
a.
Pole signs shall be located within five hundred (500) feet of
the right-of-way of Interstate Highway 70.
b.
Pole signs shall be located within one hundred fifty (150) feet
of the right-of-way of Broadway between North 4th Street and South
5th Street.
c.
Pole signs shall be located within three hundred (300) feet
of the right-of-way of SE 4th Street between Broadway and SE Brandon
Court.
[Ord. No. 1910, 7-2-2018]
2.
Size. The maximum gross area of the signboard face of any pole
sign shall not exceed one hundred fifty (150) square feet, and the
height of any part of the signboard face may not exceed fifteen (15)
feet in height measured vertically from the lowest part of the signboard
face.
3.
Location. No pole sign shall be attached to the roof or wall
of any building.
4.
Illumination. Pole signs may be illuminated by electrical lighting
of the surface of the sign face; however, no flashing, blinking or
intermittent lighting of pole sign faces shall be allowed.
5.
Structure. A pole sign is a structure for the purposes of the
Unified Development Code, and all intensity, setback, and other zoning
district regulations shall apply to the structure. The maximum height
of the sign structure may not exceed sixty (60) feet above the elevation
of the roadway of Interstate 70 when located within five hundred (500)
feet of the right-of-way of Interstate 70. The maximum height of the
sign structure may not exceed thirty (30) feet above the elevation
of the roadway of Interstate 70 when located within three hundred
(300) feet of the right-of-way of SE 4th Street between Broadway and
SE Brandon Court as measured from the nearest point of the sign to
the road.
[Ord. No. 1910, 7-2-2018]
6.
Certifications. All pole signs must have the certification of
a professional engineer stating that the soil and subsurface is capable
of accepting the projected load of the sign, that the electrical components
are constructed pursuant to all codes, and that the structural strength
of the sign is sufficient.
7.
Financial Security. All applications for pole signs will require
a bond, letter of credit or other form of financial security to ensure
removal of signs that are not validly permitted or that constitute
a nuisance.
I.
Portable (Freestanding) Signs.
1.
Size. May not exceed twenty (20) square feet.
2.
Illumination. Portable signs may not be illuminated.
J.
Banners And Balloons.
1.
The use of any banner, pennant, flag, streamers, propeller, bunting
or similar articles for advertising of a product, service, show, property
or carnival is prohibited except by a temporary sign permit for specific
events not to exceed thirty (30) days per issuance. Under no circumstances
shall such a permit be granted for any premises more than once per
quarter of each calendar year.
2.
Balloons (hot air or cold air) and inflatable signs shall be limited
to one (1) time per year for specific events not to exceed ten (10)
days per issuance and require an area safety inspection before issuance
of a temporary sign permit.
K.
Height And Setback Requirements.
1.
In zoning districts where setbacks are required for building construction,
no part of any sign shall extend over the property line. In zoning
districts where no front yard setbacks are required, a sign must be
attached to the building and shall project no more than four (4) feet
over the abutting public sidewalk or established street grade. No
part of such sign shall be more than eighteen (18) feet in perpendicular
height above the nearest established street grade. Any signs projecting
over sidewalks shall have a minimum of eight (8) feet of clearance,
including awnings.
2.
The following setbacks shall be required for all billboards and other
sign structures:
a.
On Broadway north of I-70 and south of 21st Street, sixty (60) feet
from the centerline as it presently exists.
b.
On Broadway south of I-70 and north of 21st Street, fifty (50) feet
from the centerline as it presently exists.
c.
On the I-70 frontage roads (both north and south of I-70), ninety
(90) feet from the centerline of the frontage road as it now exists.
d.
On secondary arterial streets as designated on the City of Oak Grove
master street plan, forty (40) feet from the centerline.
e.
On collector streets as designated on the City of Oak Grove master
street plan, thirty (30) feet from the centerline.
L.
Moving Signs Or Signs With Moving Parts. Sign structures
may not move or rotate. The Planning Commission may approve plans
for sign permits in which parts or elements of the sign move. Before
approval of the permit, the Planning Commission shall find that the
proposed moving parts of the sign shall not be a distraction to the
public that creates a safety hazard or nuisance.
M.
Prohibited Signs. The following signs are expressly prohibited
in the City of Oak Grove:
1.
Off-premise signs. Any sign, except billboards approved pursuant to Section 405.310(G) advertising or announcing any place, product, goods, services, idea or statement or whose subject is not available or located at or on the lot where the sign is erected or placed.
2.
Signs in the public right-of-way, except signs legally erected for
informational purposes by or on behalf of a government agency.
3.
Snipe signs. Signs attached to any public utility
pole or structure, street tree, fence, fire hydrant, bridge, curb,
sidewalk, park bench or other location of public property.
4.
Vehicle signs. Signs that are attached to or painted
upon a parked motor vehicle or trailer that is positioned for the
primary purpose of acting as a sign exposed to the public and is not
in use in the ordinary course of carrying out the transportation function
of the vehicle.
5.
Vehicle signs. Signs attached to or painted on motor
vehicles or trailers that are operated on or parked adjacent to a
public street for the primary purpose of presenting a message or symbol
offering or supporting the sale, rent, lease, loan, or other availability
of any property, product or service, and is not otherwise in use in
the normal course of transporting people, merchandise or freight.
6.
Vehicle signs. A sign, pole or any other device
mounted on the top of, in the bed of, on the front or rear of, or
attached to the sides of any vehicle for the specific purpose of presenting
a message or symbol offering or supporting the sale, rent, lease,
loan or other availability of any property, product, or service or
for the purpose of attracting attention to a product sold or a business
located on the property, not include vehicle sales which are licensed
by the City.
7.
Non-compliance. Any other sign that does not comply
with the terms, conditions or provisions of this sign code.
N.
Temporary Event Signs.
1.
Definition. For purposes of this Subsection (N), "temporary event" shall mean any activity having a specific
duration or the end of which is related to a specific action, usually
lasting for less than twelve (12) months at a time. Temporary events
include such activities as:
a.
Each political campaign, referendum or ballot proposition put to
the voters as part of City, State or Federal governance.
b.
The offering of a property or premises for sale or lease.
c.
The construction of a building or development project, or the rehabilitation,
remodeling or renovation of a building.
2.
Regulations. Temporary event signs shall be allowed
in all zoning districts under the conditions noted for each type of
sign. Signs for a temporary event as defined in this Subsection must
comply with the following:
a.
Duration. The sign may be placed upon initiation
of the temporary event, and must be removed within ten (10) working
days of the termination of the event. Initiation and termination of
particular events shall be interpreted as follows:
(1)
Election. Initiation upon the last day of qualification
of candidates or certification of a ballot question and termination
upon the election of a candidate to office or resolution of a ballot
question.
(2)
Real estate sale or lease. Initiation upon
the actual availability of the property or premises for sale or lease,
and termination upon execution and acceptance of a final contract
for the real estate transaction. Off-property directional signs may
be displayed only during the hours that the advertised activity is
to take place and must be a self-supporting type sign. When directional
signs will be displayed for thirty (30) or more consecutive days,
a special permit must be obtained from the City.
(3)
Building construction or remodeling. Initiation
upon issuance of a building permit and termination upon issuance of
the certificate of occupancy or approval for connection to electric
power for the work authorized by the building permit.
b.
Size.
(1)
Single- and two-family. Temporary event signs
located on properties occupied by or zoned for single-family or duplex
residences shall not exceed six (6) square feet in area and five (5)
feet in height.
(2)
Multi-family and non-residential. Temporary
event signs located on properties occupied by or zoned for multi-family,
office, commercial, industrial or other non-residential uses shall
not exceed thirty-two (32) square feet in area and eight (8) feet
in height.
c.
Number.
(1)
Election. No limitation.
(2)
Real estate sale or lease. Five (5) signs are
permitted for the premises at any one time, either with not more than
two (2) signs erected on the premises for sale or rental, provided
one (1) is a flat sign; or not more than three (3) off-property directional
signs. Said off-property directional signs shall be for the purpose
of directing traffic to "open houses" only and must have the knowledge
and consent of the property owner on whose property the sign is to
be placed. Real estate signs advertising sites of five (5) acres or
more are allowed one (1) sign per street frontage and shall not exceed
thirty-two (32) square feet in area per sign.
(3)
Construction. One (1) temporary event sign
per building lot.
[Ord. No. 1383 §708, 1-6-2003]
The type of signs that may be permitted for each category of
property use are described in Table 1 Permitted Signs by Use, at end
of this Chapter. The purpose of Table 1 is to provide an overview
of potential signs, each of the described sign types have additional
regulations described elsewhere in the Sign Code.
A.
All
sign types have been designated in Table 1 according to their appropriate
use with specific categories of land use. Any sign or use not included
or specifically provided for in Table 1 may be assigned to Table 1
through interpretation by the Director of Community Development.
B.
The
purpose of Table 1 is to provide basic information about the distribution
of sign types. All of the types identified in Table 1 are also subject
to the other regulatory provisions.
1.
The sum of the area of all building and freestanding signs for the
use by lot must conform with the maximum sign area established in
Table 2 at the end of this Chapter.
2.
The size, location and number of signs for the use (regardless of
the type of permit required) must conform with the requirements established
in Table 2 and else where in the Sign Code.
3.
The characteristics and design of all signs (regardless of the type
of permit required) must conform with the requirements of the Sign
Code, except as permitted under the alternative sign permit process.
C.
All
of the sign types are further described in Standards for Permitted
Signs, Standards for Limited Permit and Exempt Signs and Definitions.
D.
Table
1 identifies the types of signs that may be appropriate for each type
of land use. In Table 1, signs are indicated as either: (A) allowed
with an administrative sign permit; (S) allowed with a standard sign
permit; (E) exempt from permit requirements; or (N) not allowed, except
through alternative sign permit approval process. The purpose of this
table is only to identify overall sign types that may be appropriate
for individual uses. All signs, even those allowed with a limited
sign permit, are subject to additional regulations such as number,
size, location and design.
[Ord. No. 1383 §709, 1-6-2003; Ord. No. 1565 §8, 4-2-2007]
Each use permit in the City is limited to a specific amount
of signage. Table 2 Maximum Sign Area by Use describes the appropriate
measurements for determining the maximum signage allowed by any particular
use.
A.
Table
2 contains more than one (1) measurement standard per use. These are
expressed in terms of:
B.
Notwithstanding Section 405.320(A) above, all existing non-residential lots shall be permitted a minimum of fifty (50) square feet of signage, except in the central business district which shall be permitted a minimum of twenty-five (25) square feet, all of which at any location may be subject to standard or limited sign permit approval.
C.
Lots
fronting on two (2) or more streets or having one (1) or more public
entrances on different sides of the building are allowed the permitted
sign area for each frontage/side; however, the total sign that is
oriented toward a particular street/side may not exceed the portion
of the lot's total sign area allocation that is derived from the lot
or wall frontage on that street. The Planning and Zoning Commission
may allow additional signage on any side of newly constructed buildings.
[Ord. No. 1822, 8-3-2015]
D.
A "use"
shall include all purpose or activities for which the land or buildings
are arranged, designed or intended or for which land or buildings
are occupied or maintained.
E.
Any
measurement not specifically provided for in Table 2 may be assigned
to Sign Code Table 2 through interpretation by the Director of Community
Development.
F.
The
maximum sign size for individual tenant wall signs in multi-tenant
developments shall be the same as the maximum size for individual
uses, unless the size is restricted through a master sign plan or
otherwise restricted in Table 2, such as through the size of a wall
sign for an individual tenant in an office part would be two hundred
(200) square feet, provided the building facade is of a sufficient
size to permit the full two hundred (200) square feet of signage (wall
signs are limited to ten percent (10%) of building facade). Where
the facade is too small to allow the full two hundred (200) square
feet of wall signage or where a master sign plan places other restrictions
on tenant sign size, the more restrictive wall sign measurement will
prevail.
[Ord. No. 1383 §710, 1-6-2003]
A.
Specific Construction Requirements.
1.
Live load. All signs shall be designed, constructed
and anchored to withstand a horizontal wind pressure, ice, snow of
not less than thirty (30) pounds per square foot of exposed area.
2.
Dead load. All sign structures shall be designed,
constructed and fastened to adequately support the dead load of any
sign.
3.
Footings. All footings for supports of detached
signs erected on the ground shall be not less than thirty (30) inches
below the finished grade.
4.
Attachment. Projecting signs that are permitted
to extend beyond building or parapet walls shall be attached to brackets
fastened to such walls or roofs by any accepted methods but shall
not be attached to any part of an unbraced wall above a point of bearing
of the roof rafters.
5.
Materials. All signs shall be constructed of materials
suitable for the intended purpose of this Unified Development Code.
6.
Letters, decorations and embellishments. Letters,
decorations and embellishments in cutout or irregular form, maintained
in conjunction with, attached to or superimposed upon any sign, shall
be safely and securely built or attached to the sign structure.
B.
Electrical Sign Requirements.
1.
The application for a permit for the erection of a sign that electrical
wiring and connections are to be used shall be submitted to the Electrical
Inspector. The Electrical Inspector shall examine the plans and specifications
for the sign which are submitted and may require additional information
relating to the proposed electrical installation from the applicant.
His/her inspection shall determine if the proposed installation complies
with the ordinances of the City relating to electrical wiring and
construction, and he/she shall approve said application if the plans
and specifications as finally submitted comply therewith. After action
by the Electrical Inspector, the application shall be resubmitted
to the Building Inspector for final approval of the sign permit.
2.
All electrical signs, other than those bearing the label of approval
of a recognized testing laboratory, shall be inspected and approved
by the Electrical Inspector on the site prior to actual erection of
the sign. No sign shall be erected, despite issuance of a permit,
until the Electrical Inspector has made the site inspection and the
sign permit initialed by him/her to show approval.
3.
All electrical signs shall be equipped with a watertight safety switch.
The switch shall be located where the electrical supply enters the
sign. A chain or hinges shall securely fasten any movable part of
a sign, such as the cover of a service opening.
[Ord. No. 1383 §711, 1-6-2003]
A.
Maintenance. All outdoor signs and supports shall be weather
resistant and shall be maintained in good repair and structural condition,
in compliance with all Building and Electrical Codes, and in conformance
with this Sign Code. Broken panels, missing letters, flaking or peeling
paint, visual damage or other maintenance issues as identified by
the Director of Community Development or designee shall be repaired
within thirty (30) days of notice to repair.
B.
Removal. Signs and sign structures that no longer serve
the purpose for which they are intended or that are not maintained
or that have been abandoned shall be removed by the owner or the owner
of the premises after notice by the Director of Community Development
or designee. Such owner or owner of the premises shall complete the
removal within thirty (30) days after the Director of Community Development
or designee mails notice by registered mail. In the event that such
sign is not removed within the time herein provided, the Director
of Community Development or designee shall cause the sign to be removed
and the cost thereof assessed to the owner or the owner of the premises.
Failure to reimburse the City within thirty (30) days shall cause
the cost to be entered on the tax roll as a special charge against
the real estate.
[Ord. No. 1383 §712, 1-6-2003]
Any non-conforming sign may continue to be displayed, except
as hereinafter provided:
A.
Whenever
a non-conforming sign is damaged by fire, flood, explosion, earthquake,
war, riot or act of God, it may be reconstructed and used as before
if it be reconstructed within three (3) months after such calamity,
unless the damage to the sign is fifty percent (50%) or more of its
replacement value, in this case the reconstructed sign shall comply
with the provisions of this Article.
B.
Whenever
it is desired to change or alter the structural elements of an existing
non-conforming sign, such as the supports, size of the sign area,
shape of the sign area or lighting, such alteration shall constitute
a major change and the sign shall be made to conform and comply with
the provisions of this Article within six (6) months after the application
for a permit to alter the sign has been filed with the Building Inspector.
Changes in the size or shape of an existing non-conforming sign in
excess of ten percent (10%) shall constitute a major change and the
sign shall be made to conform and comply with the provisions of this
Unified Development Code. A change in shape from one corporate logo
to another or one shape to another shall not constitute a major change
and is not required to come into conformance with the provisions of
the Unified Development Code as long as the change does not increase
the overall size of the sign in excess of ten percent (10%).
C.
Non-Conforming Sign Inventory. The Building Inspector shall
make an investigation of all signs in the City and shall prepare an
inventory of all non-conforming signs, identifying their location
and ownership.
[Ord. No. 1383 §713, 1-6-2003; Ord. No. 1565 §12, 4-2-2007]
A.
It is recognized that circumstances may exist from time to time where strict application of the size, location and type of sign standards hereinafter specified for the various zoning districts may be unreasonable or that literal enforcement of the regulations may work a hardship on the applicant. Variations from the standards may, therefore, be permitted by issuance of a variance by the Board of Zoning and Adjustment in accordance with Section 405.115.
B.
It
is likewise recognized that in certain situations, such as on lands
of churches, schools, other public bodies and real estate developments,
signing needs cannot reasonably be anticipated. In such situations,
signs shall be permitted upon application for and issuance of a variance,
provided that in issuing such permit the Board of Zoning and Adjustment
shall not authorize a substantial variance from the size, location
and type standards applicable to signs in similar but specifically
regulated situations.
[Ord. No. 1383 §714, 1-6-2003]
A.
It
shall be unlawful and a violation of this Article for any person to
maintain any prohibited sign, to perform or order the performance
of any act prohibited by this Article, or to fail to perform any act
that is required by the provisions of this Section. In the case of
any such violation, each twenty-four (24) hour period that such violation
exists shall constitute a separate violation.
B.
Any
and all signs erected, altered or maintained in violation of this
Section or any of the clauses or provisions of the same or in violation
of any of the laws or ordinances of the City are and each of them
is declared to be a public nuisance and subject to enforcement. The
Director of Community Development or designee shall abate any such
signs so erected, altered or maintained contrary to law as a common
nuisance.
