Editor's Note — Ord. no. 2223 §§1 — 2,
adopted on July 17, 2000, hereby repealed this entire ch. 507 enacting
new provisions set out herein. Former ch. 507 derived from ord. no.
1945 §§1 — 11, 6-1-98.
[Ord. No. 2223 §§1 —
2, 7-17-2000]
This Chapter shall be known as the sign regulations of the City
and may be cited as such.
[Ord. No. 2223 §§1 —
2, 7-17-2000]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
- AREA OF SIGNS
- For the purpose of computing permit fees, the area of any sign shall be estimated on the basis of the largest rectangle that is required to enclose the sign. In case of an irregular sign, the area shall be the sum of the areas of the rectangles necessary to enclose the sign (computed for one (1) side only). The area of V-type signs, multifaced signs, two-face ground signs and signs as faces for marquees shall be computed on the total face area.
- COMBINATION SIGN
- Any sign incorporating any combination of the features of pole, projecting and roof signs.
- FREESTANDING MOVEMENT SIGN
- Any sign which is supported by one (1) or more columns, uprights or braces in or upon the ground or supported directly upon the ground.
- MARQUEE
- A permanent roofed structure attached to and supported by the building and projecting over public property.
- ROOF SIGN
- A sign erected upon or above a roof or parapet of a building or structure.
- SIGN
- Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.
- SIGN STRUCTURE
- Any structure which supports or is capable or supporting any sign as defined in this Chapter. A sign structure may be a single pole and may or may not be an integral part of the building.
- WALL SIGN
- Any sign attached to or erected against the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of a wall.
[Ord. No. 2223 §§1 —
2, 7-17-2000; Ord. No.
2258 §1, 11-21-2000]
A.
Permits,
inspections and other administrative matters relating to signs are
regulated as follows:
1.
Sign permits. A sign permit shall not be required
for the following:
a.
A permit shall not be required for the changing of the advertising
copy or message on a painted or printed sign only. Except for theater
marquees and similar signs specifically designed for the use of replaceable
copy, electric signs shall not be included in this exemption.
b.
Painting, repainting or cleaning of an advertising structure or the
changing of the advertising copy or message thereon shall not be considered
an erection or alteration which requires a sign permit unless a structural
change is made.
c.
A permit shall not be required for any sign placed or painted on
the inside of a building or on the inside or outside of any bus, taxicab
or other vehicle.
d.
A permit shall not be required for miscellaneous traffic or other
municipal signs, danger signs, railroad crossing signs, legal notices
or trespassing signs, or signs of public service companies indicating
danger or aids to service or safety.
e.
A permit shall not be required for emergency, non-advertising signs.
f.
A permit shall not be required for bulletin boards for public, charitable
or religious institutions when such bulletin boards are located on
the premises of the institution.
g.
A permit shall not be required for real estate signs advertising
the sale, rental or lease of the premises on which they are maintained;
provided, that there is not more than one (1) such sign for any street
frontage and the total gross area does not exceed thirty-two (32)
square feet.
h.
A permit shall not be required for signs which are embedded or set
into a building or which are so constructed and erected as to become
a part of the building.
i.
A permit shall not be required for tablets constructed of bronze,
brass, stone or other non-combustible materials when built or attached
to the walls of a building or other structure, provided that such
tablets bear only the name of the owner, the name or use of the building,
the date of erection of the building or commemorative matter.
j.
A permit shall not be required for signs announcing the name of the
architect, engineer and contractors of a building enterprise or the
purpose for which the building is intended, provided that such signs
are placed on fences erected as barriers for the work under construction
or on the temporary building, or on the construction canopy or on
the building under construction.
k.
A permit shall not be required for signs of public service companies
indicating danger, ownership of property, offices, or places where
their service is available to the public when the signs are places
flat against the wall of a building or other structure.
l.
Political and other ideological signs may be installed on private
property when permission is obtained from the owner of such property.
2.
Application for permit.
a.
Filing — contents. To obtain a permit required
by this Chapter, the applicant shall first file an application therefore
in writing on a form furnished by the Director of Public Works for
that purpose. Every such application shall include the following:
(1)
The application shall identify and describe the work to be covered
by the permit for which application is made.
(2)
The application shall describe the land on which the proposed
work is to be done by legal description, street address or similar
description that will readily identify and definitely locate the proposed
building or work.
(3)
The application shall be signed by the permittee, or the permittee's
authorized agent, who may be required to submit evidence to indicate
such authority. It shall be presumed that a person obtaining a permit
for work on property, for which the person is not the owner, obtains
the permit with the knowledge and consent of the owner or other person
in control or in charge of the property.
(4)
The application shall give such other data information as may
be required by the Director of Public Works.
3.
Preparation of plans and specifications. Plans,
engineering calculations, diagrams and other data shall be submitted
in one (1) or more sets with each application for a sign permit. When
such plans are not prepared by an architect or engineer, the Director
of Public Works may require any applicant submitting such plan or
other data to demonstrate that State law does not require that the
plans be prepared by a licenses architect or engineer. The Director
of Public Works may require plans, computations and specifications
to be prepared and designed by an engineer or architect licensed by
the State to practice as such, even if not required by State law.
4.
Issuance of permits — expiration of permits —
suspension or revocation of permits.
a.
Generally.
(1)
The application, plans and specifications and other data filed
by an applicant for a sign permit under this Chapter shall be reviewed
by the Director of Public Works. Such plans may be reviewed by an
engineer on behalf of the City, if deemed necessary by the Director
of Public Works, to verify compliance with any applicable law. If
the Director of Public Works concludes that it is necessary to have
an engineer review the plans on behalf of the City, then the reasonable
cost thereof shall be paid by the applicant prior to the issuance
of the sign permit. If the Director of Public Works finds that the
work described in an application for a sign permit and the plans,
specifications and other data filed therewith conform to the requirements
for this Chapter and other pertinent laws and ordinances, and that
the fees specified herein have been paid, he shall issue a permit
to the applicant.
(2)
When the Director of Public Works issues the permit where plans
are required, he shall endorse in writing or stamp the plans and specifications
"APPROVED". Such approved plans and specifications shall not be changed,
modified or altered without authorizations from the Director of Public
Works, and all work regulated by this Chapter shall be done in accordance
with the approved plans. The Director of Public Works may issue a
permit for the construction of part of a sign before submitted or
approved, provided adequate information and detailed statements have
been filed complying with all pertinent requirements of this Chapter.
The holder of such permit shall proceed at his own risk without assurance
that the permit for the entire sign will be granted.
b.
Retention of plans. One (1) set of approved plans
and specifications shall be returned to the applicant and shall be
kept on the site of the sign or work at all times during which the
work authorized thereby is in progress. One (1) set of approved plans,
specifications and computations shall be retained by the Director
of Public Works until after final inspection when it is concluded
that the work complies with the provisions of this Chapter.
c.
Validity of permit.
(1)
The issuance of a permit or approval of plans and specifications
shall not be construed to be a permit for, or an approval of, any
violation of any of the provisions of this Chapter or of any other
ordinance. No permit presuming to give authority to violate or cancel
the provisions of this Chapter or other ordinances shall be valid.
(2)
The issuance of a permit based upon plans, specifications and
other data shall not prevent the Director of Public Works from thereafter
requiring the correction of errors in the plans, specifications and
other data, or from preventing use of the sign when in violation of
this Chapter or of any other ordinances or laws.
d.
Expiration. An erection permit shall authorize erection
or relocation of the sign or sign structure for a period of six (6)
months. If the work authorized under a permit has not been completed
within six (6) months after the date of issuance, the permit shall
become null and void.
e.
Suspension or revocation. The Director of Public
Works is authorized and empowered to suspend and revoke any permit
issued upon failure of the holder thereof to comply with any of the
provisions of this Chapter. The Director of Public Works is also authorized
and empowered to revoke a permit for the erection of any sign or other
structure which, by reason of its position, shape or color, may obstruct
or interfere with the view of or be confused with any authorized traffic
sign, signal or device.
(1)
Hearing. The holder of a permit may request
a hearing before the Board of Aldermen to consider the suspension
or revocation of a permit.
5.
Fees. Sign permit fees are as follows:
|
|
Type of Sign
|
Fees
| ||
|---|---|---|---|---|
|
a.
|
Freestanding monument signs:
| |||
|
(1)
|
Up to and including twenty (20) square foot area
|
$95.00
| ||
|
(2)
|
And for each additional twenty (20) square foot area or fraction
thereof
|
$16.00
| ||
|
b.
|
Wall signs:
| |||
|
(1)
|
Up to and including one hundred (100) square foot area
|
$95.00
| ||
|
(2)
|
For each additional one hundred (100) square foot area or fraction
thereof
|
$16.00
| ||
[Ord. No. 2223 §§1 —
2, 7-17-2000]
A.
Generally. The supports for all signs or sign structures
shall be places in or upon private property and shall be securely
built, constructed and erected in conformance with the requirements
of this Chapter.
B.
Design. Signs and sign structures shall be designed and
constructed to sustain all dead loads and all other loads specified
in this Code. Any system or method of construction to be used shall
be based on a rational analysis in accordance with well-established
principles of mechanics. Such analysis shall result in a system that
provides a complete load path capable of transferring all loads and
forces from their point of origin to the load-resisting elements.
C.
Materials. Materials of construction for signs and sign
structures attached to buildings shall be for the quality and grade
as specified for buildings under the Uniform Building Code as adopted
by the City.
1.
Electrical signs. All signs containing electrical
wiring shall be subject to the provisions of the Electrical Code,
and the electrical components used shall bear the label of an approved
testing agency.
2.
Use of combustible materials. All new freestanding
signs and sign structures shall have structural framing members of
non-combustible materials, except that freestanding signs not exceeding
ten (10) feet in height may be constructed of any material meeting
the requirements of this Chapter.
3.
Non-structural trim and portable display surfaces. Non-structural trim and portable display surfaces may be of wood,
metal, approved plastics or any combination thereof.
[Ord. No. 2223 §§1 —
2, 7-17-2000]
A.
Generally. All types of signs shall conform to the clearance
and projection requirements of this Section.
B.
Clearance from high-voltage power lines. Signs shall be
located not less than six (6) feet horizontally or twelve (12) feet
vertically from overhead electrical conductors which are energized
in excess of seven hundred fifty (750) volts. The term "overhead
conductors", as used in this Section, means any electrical
conductor, either bare or insulated, installed above the ground.
C.
Clearance from fire escapes, exits or standpipes. No sign
or sign structure shall be erected in such a manner that any portion
of its surface or supports will interfere in any way with the free
use of any fire escape, exit or standpipe.
D.
Projection over public property. No sign or sign structure
shall be placed, erected or maintained on, in or above any adjoining
public right-of-way.
[Ord. No. 2223 §§1 —
2, 7-17-2000]
Signs legally erected that were existing on the date of passage
of this Chapter which do not conform to the provisions of this Chapter
shall be permitted to continue during the usable life thereof but
shall not be reinstalled or substantially modified as determined by
the Director of Public Works unless the location and installation
thereof are made to comply with this Chapter or any other applicable
ordinances or regulations.
[Ord. No. 2223 §§1 —
2, 7-17-2000; Ord. No.
2258 §2, 11-21-2000]
B.
Freestanding Monument Sign(s).
1.
Size. The maximum height of said sign shall not
exceed five (5) feet and the maximum area is fifty-five (55) square
feet.
2.
Height above ground. The top of the highest point
of the sign shall be no more than six (6) feet above the adjacent
ground elevation.
3.
Quantity. There shall be no more than one (1) sign
per platted property as recorded by Clay County.
C.
Wall Sign(s).
1.
Size. The maximum allowable size shall be no greater
than ten percent (10%) of the square foot area of such wall.
2.
Height above ground. No requirement.
3.
Quantity. Each building is allowed to have one (1)
sign. Should more than one (1) tenant occupy a building, each tenant
having a separate exterior entrance to the building for the tenant's
business is allowed one (1) sign. Multiple tenants occupying the building
which share an exterior entrance to their respective businesses are
allowed to have multiple signs, provided however, that the total square
footage of such signs does not exceed ten percent (10%) of the square
foot area of such wall where the businesses are located. All wall
signs on any building must be located on only one (1) wall of such
building. Notwithstanding anything else herein to the contrary,
a.
Only one (1) wall of any building, regardless of the number of tenants,
shall be permitted to have a wall sign; and
b.
No wall of any building where a sign or signs are located, regardless
of the number of tenants, shall have more than ten percent (10%) of
the total square foot area of such wall used for sign purposes.
4.
Illumination. Signs can be internally or externally
illuminated as long as the illumination meets or exceeds the Electrical
Codes and does not create a burden for neighboring properties as determined
by the Director of Public Works.
[Ord. No. 2223 §§1 —
2, 7-17-2000]
A.
Political
signs may be erected and maintained in the City only in accordance
with the provisions contained in this Chapter.
1.
Permit is required, no fee will be collected.
2.
Location. Political signs on public property or
within the public right-of-way are strictly prohibited. No political
sign shall be placed on any utility pole or light standard.
3.
Political signs located in districts "R-1", "R-2", "R-3" or "R-4"
shall not exceed two (2) feet by two (2) feet on each side. No more
than one (1) sign per lot is allowed.
4.
Political signs located in districts "C-1", "C-2", "C-3", "M-1",
"M-2" or "MHP" shall not exceed five (5) feet in height and five (5)
feet in length. No more than one (1) sign per lot is allowed.
5.
All political signs shall be removed and properly disposed of within
two (2) days following the election date.
6.
Exceptions. The provisions of this Section shall
not apply to notices posted by order of any court or to notices to
the public required by law to be posted in public.
B.
The
Board of Aldermen make the following findings of legislative purpose
and intent:
1.
That the expression of political speech is an important and constitutionally
protected right.
2.
That, under certain circumstances, it may be necessary to restrict
or regulate the time, place and manner of the expression of such speech
in order to advance and protect other significant legitimate interests
of local government.
3.
That political signs have certain characteristics that distinguish
them from many of the other types of signs permitted and regulated
by the City. These characteristics include the fact that many of such
signs, intended to be temporary in nature, do not meet the regular
structural and installation requirements necessary to prevent them
from being affected by weather and other natural forces and presenting
a potential hazard to persons and property. Severe weather conditions
including, without limitation, thunderstorms with accompanying high
winds, tornadoes, ice accumulation and flooding are characteristics
of local weather conditions. With respect to the temporary nature
of such signs, the duration and illumination regulations provide a
channel of communication on an election candidate or issue balancing
the aesthetic and public health and safety concerns surrounding temporary
structures.
4.
That the primary purpose of political signs placed along a roadway
is to attract the attention of drivers and distract them from their
primary responsibility of constant attention to traffic and road conditions.
This concern is especially acute in residential areas where young
children present a significant potential hazard for drivers. With
respect to residential areas with their lower speed limits, it is
concluded that political signs not exceeding two (2) feet by two (2)
feet on each side with two (2) signs per lot is adequate to convey
most political messages. Although it is recognized that certain individuals
may wish to express political thoughts that require a larger area
due to adequately convey them, a greater number of or larger and more
complex messages would further distract a driver's attention, presenting
an unacceptable safety risk, and there exists in the community adequate
other means of conveying such messages. In non-residential areas,
motorists frequently see and reasonably expect to see larger signs,
so their attention is not as easily distracted, and higher speed limits,
larger lot areas, and competing distractions require a larger size
sign to adequately convey political messages and a larger size sign
can be allowed consistent with safety requirements. Further, since
permitted signage in residential areas is minimal, the aesthetic impact
of signs in residential areas is much greater than in non-residential
areas.
5.
That in addition to the safety and traffic City interests affected
by political signs, the Board of Aldermen conclude that the unrestricted
proliferation of political signs would create visual clutter, have
an adverse effect on the aesthetic quality of the City, with accompanying
adverse economic effects, and detract from the desirable visual environments
that the City has made a strong effort to create through its land
use regulations.
6.
That the Board of Aldermen conclude that the interests to be protected
by this Chapter are sufficiently substantial to justify the content-neutral
regulation of political speech represented by this Section, and that
this Section represents a reasonable accommodation of the City's interest
with First Amendment rights.
[Ord. No. 2223 §§1 —
2, 7-17-2000]
To the extent necessary, the Uniform Sign Code, as adopted at
Section 500.010(10) of the City Code, be and hereby is amended to
comply with the terms of this Chapter. This Chapter shall control
over any conflicting terms of the Uniform Sign Code, as adopted by
the City.
