[Ord. No. 3425, 7-19-2021]
This Chapter shall be known as the "sign regulations of the
City" and may be cited as such.
[Ord. No. 3425, 7-19-2021]
A.
Signs obstruct views, distract motorists, displace alternative uses
for land, and pose other problems that legitimately call for regulation.
The purpose of this Chapter is to regulate the size, color, illumination,
movement, materials, location, height, and condition of all signs
placed on private property for exterior observation, thus ensuring
the protection of property values, the character of the various neighborhoods,
the creation of a convenient, attractive and harmonious community,
protection against destruction of or encroachment on historic convenience
to citizens and encouraging economic development. This Chapter allows
adequate communication through signage while encouraging aesthetic
quality in the design, location, size, and purpose of all signs. This
Chapter must be interpreted in a manner consistent with the First
Amendment guarantee of free speech. If any provision of this Chapter
is found by a court of competent jurisdiction to be invalid, such
finding must not affect the validity of other provisions of this Chapter
which can be given effect without the invalid provision.
B.
A sign placed on land or on a building for the purpose of identification, protection, or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this Chapter is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in Subsection (A) of this Section.
C.
These regulations are intended to promote signs that are compatible
with the use of the property to which they are appurtenant, landscape,
and architecture of surrounding buildings, are legible and appropriate
to the activity to which they pertain, are not distracting to motorists,
and are constructed and maintained in a structurally sound and attractive
condition.
D.
These regulations distinguish between portions of the City designed
for primarily vehicular access and portions of the City designed for
primarily pedestrian access.
E.
These regulations do not regulate every form and instance of visual
communication that may be displayed anywhere within the jurisdictional
limits of the City. Rather, they are intended to regulate those forms
and instances that are most likely to meaningfully affect one (1)
or more of the purposes set forth above.
F.
These regulations do not entirely eliminate all of the harms that
may be created by the installation and display of signs. Rather, they
strike an appropriate balance that preserves ample channels of communication
by means of a visual display while still reducing and mitigating the
extent of the harms caused by signs.
G.
These regulations are not intended to and do not apply to signs erected,
maintained, or otherwise posted, owned or leased by this State, the
Federal government, or this City. The inclusion of government in describing
some signs does not intend to subject the government to regulation
but instead helps illuminate the type of sign that falls within the
immunities of the government from regulation.
[Ord. No. 3425, 7-19-2021]
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:
Any sign incorporating any combination of the features of
a pole, projecting, or roof 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.
Signs or notices erected by the City, the State, the County,
or the Federal government, or any of their subdivisions, as well as
school districts or other special-purpose districts created by the
State Constitution or Statute.
A permanent roofed structure attached to and supported by
the building and projecting over public property.
A sign erected upon or above a roof or parapet of a building
or structure.
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. The term "sign" shall not include the flag of the United
States or any country recognized by the United States, or the flag
of any state or territory of the United States, or the flag of any
of the armed forces of the United States, or the flag of any department
of the State or Federal government, or the flag of this City.
The space enclosed within the extreme edges of the sign for
each sign face, not including the supporting structure or where attached
directly to a building wall or surface, the space within the outline
enclosing all the characters of the words, numbers, or design.
The Mayor or another person designated by the Mayor. The
Mayor or designated Sign Code Official may designate such deputies
or assistants as may deem necessary or convenient.
The entire display surface area of a sign upon, against,
or through which copy is placed. 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.
Any structure which supports or is capable of 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.
Any small sign, generally of a temporary nature, made of
any material, when such sign is tacked, nailed, posted, pasted, glued,
or otherwise attached to trees, poles, stakes, fences, or other objects
not erected, owned and maintained by the owner of the 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. 3425, 7-19-2021]
[Ord. No. 3425, 7-19-2021]
A.
Except as otherwise provided in this Chapter, no sign shall hereafter
be erected, constructed, or altered except as provided by this Chapter,
and only after a permit for such sign has been issued by the Sign
Code Official.
B.
A sign permit shall not be required to repair, clean, repaint or
refurbish any existing sign unless such activity involves the replacement,
reconstruction, or relocation of the sign.
C.
A sign permit shall not be required for changing the copy of a sign,
provided there are no changes to the sign structure or cabinet and
the area of the sign is not being enlarged.
D.
A sign permit shall not be required if the sign is exempt as provided
in this Chapter.
E.
An application for a sign permit shall contain the following:
1.
The name, address, telephone number, and signature of the owner
or lessee or contractor of the property upon which the sign is to
be located;
2.
A site plan which shows the location and dimensions of buildings,
structures, and existing and proposed signs located on the lot upon
which the sign is to be placed;
3.
A dimensioned elevation of the building on which the sign is
to be placed with the location of the sign clearly identified;
4.
A scaled or dimensioned drawing of the sign; and
5.
All applicable application fees.
F.
The Sign Code Official shall review a completed sign permit application
and shall issue the sign permit upon a determination that the sign
meets the requirements of this Chapter.
G.
Issuance of a sign permit shall not relieve the applicant from complying
with all other applicable local or State laws relating to displaying
or erecting a sign.
H.
Approved sign permits shall become null and void six (6) months after
their date of approval if the sign is not erected within that time.
I.
The Sign Code Official is hereby authorized and empowered to revoke
any approved sign upon the failure of the holder thereof to comply
with the provisions of this Chapter.
J.
Within five (5) days of the erection, construction, or modification
of a sign pursuant to an approved sign permit, the applicant shall
notify the Sign Code Official who shall inspect such sign and approve
the same if it is in compliance with the provisions of this Chapter.
If the sign does not comply with the provisions of this Chapter, the
Sign Code Official shall notify the applicant, in writing, of such
non-compliance and give the applicant thirty (30) days to comply;
a shorter time period may be required when it is determined the condition
of the sign or sign structure presents a danger to the public health,
safety or welfare.
[Ord. No. 3425, 7-19-2021]
A.
This Chapter shall not apply to the following signs:
1.
Signs which are not visible from any public right-of-way or
from any adjoining property.
2.
Signs required by Federal or State law which do not exceed the
minimum number and dimensional requirements of that law as well as
signs that are protected by State or Federal Statutes.
3.
Construction project signs, provided:
4.
Government signs shall be exempt from the regulations of this
Chapter, including informational, legal notices, railroad crossing
signs, and other warning or emergency signs as are necessary to enforce
City laws or control traffic. In addition, railroad crossing or safety
signs and warning signs erected by utilities whether public or private
shall be exempt. Temporary signs erected by private companies to direct
traffic or to warn of road hazards or work occurring in the public
right-of-way, or to protect workers working in or near the right-of-way,
are exempt.
5.
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 another vehicle.
6.
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.
7.
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.
[Ord. No. 3425, 7-19-2021]
The following signs are authorized in every district:
A.
Although these regulations do not apply to signs erected, maintained,
or posted by the State, Federal, or this government, these regulations
clarify that government signs which form the expression of that government
are allowed in every zoning district.
B.
Traffic control devices on private or public property must be erected
and maintained to comply with the Manual on Uniform Traffic Control
Devices adopted by the Federal Highway Administration. Because these
regulations do not apply to the State, Federal, or this government,
a failure to comply with this provision by those governments does
not constitute evidence of negligence or form the basis for a cause
of action.
C.
Each property owner must mark their property using numerals that
identify the address of the property so that public safety departments
can easily identify the address from the public street. Where required
under this Code or other law, the identification must be on the curb
and may be on the principal building on the property. The size and
location of the identifying numerals and letters, if any, must be
proportional to the size of the building and the distance from the
street to the building and in no case larger than two (2) square feet.
In cases where the building is not located within view of the public
street, the identifier must be located on the mailbox or other suitable
device such that it is visible from the street.
D.
Where a Federal, State or local law requires a property owner to
post a sign on the owner's property to warn of a danger or to
prohibit access to the property either generally or specifically,
the owner must comply with the Federal, State, or local law to exercise
that authority by posting a sign on the property. If the Federal,
State, or local regulation describes the form and dimensions of the
sign, the property owner must comply with those requirements, otherwise,
when not defined, the sign shall be no larger than two (2) square
feet and located in a place on the property to provide access to the
notice that is required to be made. Signs posted under this Section
are not snipe signs.
E.
Official notices or advertisements posted or displayed by or under
the direction of any public or court officer in the performance of
official or directed duties; provided, that all such signs must be
removed by the property owner no more than ten (10) days after their
purpose has been accomplished or as otherwise required by law. Signs
posted under this Section are not snipe signs.
F.
The signs described in this Section are an important component of
measures necessary to protect the public safety and serve the compelling
governmental interest of protecting traffic safety, complying with
legal requirements, serving the requirements of emergency response,
and protecting property rights or the rights of persons on the property.
[Ord. No. 3425, 7-19-2021]
A.
Filing — Contents. To obtain a permit required by this Chapter,
the applicant shall first file an application therefor, in writing,
on a form furnished by the Sign Code Official 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. A person obtaining a permit for work on a property,
for which the person is not the owner, must show the consent of the
owner or other person in control of or in charge of the property.
4.
The application shall give such other data information as may
be required by the Sign Code Official.
B.
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 Sign Code Official may require any
applicant submitting such a plan or other data to demonstrate that
State law does not require that the plans be prepared by a licensed
architect or engineer. The Sign Code Official 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.
[Ord. No. 3425, 7-19-2021]
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 Sign Code Official. Such plans may be reviewed by an engineer
on behalf of the City, if deemed necessary by the Sign Code Official,
to verify compliance with any applicable law. If the Sign Code Official
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
Sign Code Official 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/she shall issue a permit to the applicant.
2.
When the Sign Code Official issues the permit where plans are
required, he/she 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 Sign Code Official, and all work regulated by this Chapter
shall be done in accordance with the approved plans. The Sign Code
Official 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/her
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 Sign Code Official 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 approval of, any violation
of any of the provisions of this Chapter or 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 Sign Code Official from thereafter
requiring the correction of errors in the plans, specifications, and
other data, or from preventing the use of the sign when in violation
of this Chapter or any other ordinances or laws.
D.
Expiration. A sign permit shall authorize the 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 Sign Code Official 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 Sign Code Official 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.
F.
Hearing. The holder of a permit may request a hearing before the
Board of Adjustment to consider the denial, suspension, or revocation
of a permit.
G.
Fees. Sign permit fees are as follows:
|
Type of Sign
|
Size
|
Fee
|
|---|---|---|
|
Freestanding monument signs
|
Up to and including twenty-square-foot area
|
$95.00
|
|
And for each additional twenty-square-foot area or fraction
thereof
|
$16.00
| |
|
Wall signs
|
Up to and including 100-square-foot area
|
$95.00
|
|
For each additional 100-square-foot area or fraction thereof
|
$16.00
|
[Ord. No. 3425, 7-19-2021]
A.
Generally. The supports for all signs or sign structures shall be
placed in or upon private property and shall be securely built, constructed,
and erected in conformance with the requirements of this Chapter.
B.
Sign Standards.
1.
The gross surface area of a sign shall be the sum of all surfaces
of the sign faces, except that for double-faced signs only one (1)
face shall be used to compute the surface area.
2.
Sign height shall be measured from the ground level at the base
or below the sign to the highest element of the sign.
3.
No illuminated sign shall be located in any residential district.
4.
No sign shall be attached to a tree. No sign shall be attached
to a public utility pole on public or private property, except governmental
signs.
5.
No sign shall be erected or maintained at any location where,
by reason of its position, size, shape, or color, it may obstruct
or interfere with the view of any traffic or traffic control sign
or device, or where it may confuse or obstruct traffic.
6.
Replacement of support posts or other structural supports shall
constitute removal of the sign, and its replacement shall be in conformance
with the provisions of this Section.
7.
Signs accessory to a principal use with a legally non-conforming
front yard setback need not have setbacks in excess of that of the
principal structure.
8.
Display signs shall not closely resemble or approximate the
shape, form, and color of official traffic control signs, signals,
and devices.
9.
No display sign or temporary sign shall be so placed as to obstruct
or interfere with a required building doorway, other required means
of ingress or egress.
C.
Design. Signs and sign structures shall be designed and constructed
to sustain all dead loads and all other loads specified in this Chapter.
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.
D.
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.
E.
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.
F.
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.
G.
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. 3425, 7-19-2021]
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. 3425, 7-19-2021]
A.
Temporary signs that are allowed at any time.
1.
A property owner may place one (1) sign with a sign face no
larger than four (4) square feet on each side with no more than two
(2) sides, on a single parcel at any time. Such sign may remain for
a period not to exceed one hundred twenty (120) days, after which
it must be removed for at least thirty (30) days and then may be replaced.
2.
A property owner may place a sign no larger than eight and one-half
(8.5) inches by eleven (11) inches in one (1) window on the property
at any time.
3.
Election seasons.
a.
An election season is defined as the period beginning ninety
(90) days prior to an election and ending ten (10) days after an election.
b.
During an election season, a property owner in a residential
district may place up to one (1) additional sign no larger than four
(4) square feet on each side with no more than two (2) sides, not
to exceed a total of one (1) sign per twenty-five (25) feet of road
frontage for the property.
5.
Building Construction Or Remodeling. When construction, remodeling,
or reconstruction of a structure on a parcel occurs, one (1) additional
sign shall be permitted, no larger than four (4) feet by six (6) feet,
beginning upon the issuance of a building permit and terminating upon
issuance of the certificate of occupancy or approval for connection
to electric power for the work authorized by the building permit.
6.
Real estate sales. One (1) temporary sign may be located on
a property when the owner is offering the property for sale, rent,
or lease.
a.
The sign is displayed only from the period beginning when the
property is offered for sale, rent or lease, and ending not later
than ten (10) business days after a contract for sale has been signed
or the property is no longer for sale or lease.
b.
Signs indicating an open house, that the property is under contract,
that the property has been sold, or similar signs, regardless of content,
may be attached to the permitted sign while that sign is allowed.
B.
Location Of Temporary Signs.
1.
Temporary signs shall not be located in the public right-of-way.
2.
Safe harbor position. The owner of any property may presume
that the right-of-way extends ten (10) feet from the back of the curb,
or ten (10) feet from the edge of the paved surface where there is
no curb or gutter, or five (5) feet from any public sidewalk. Such
presumption shall in no way affect the legal rights of the owner of
the public right-of-way or the property owner. Such presumption shall
not apply if the owner has actual knowledge of where the right-of-way
extends. This presumption is established merely as a convenience.
If, as a result of this presumption any sign should be wholly or partly
within the actual public right-of-way, the presence of the sign shall
not be construed to be an endorsement of the message of the sign by
the public owner nor shall it be considered to create a public forum,
and the public body may remove the sign at any time or prohibit the
use of such public right-of-way in the future.
3.
Temporary signs shall not be painted on, attached to, or affixed
to any trees, rocks, or other similar organic or inorganic natural
matter or onto any light poles, utility poles, utility boxes, or similar
apparatus.
4.
Signs painted on or attached to vehicles or trailers shall not
be considered temporary signs.
C.
Prohibited Temporary Signs. The following type of signs and sign
features are prohibited unless approved by the Board of Aldermen after
review by the Planning Commission:
D.
Removal. Temporary signs must be removed at the end of the period
for which they are allowed. Temporary signs which are not removed
shall be in violation of this Code.
E.
Maintenance. Temporary signs must be maintained in good condition,
free of tears and damage. Torn, damaged, or worn temporary signs must
be repaired, removed, or replaced upon instruction to do so by the
Sign Code Official. Signs which are replaced may remain for the duration
of the period allowed.
F.
Safety. Temporary signs may not be placed in such a way as to obstruct
the line of sight of vehicles or obstruct pedestrians.
[Ord. No. 3425, 7-19-2021]
Permit areas as defined in Chapter 400, Zoning Regulations.
[Ord. No. 3425, 7-19-2021]
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 Sign Code Official unless the location and installation thereof
are made to comply with this Chapter or any other applicable ordinances
or regulations.
[Ord. No. 3425, 7-19-2021]
B.
Size. The maximum height of the said sign shall not exceed five (5)
feet and the maximum area is fifty-five (55) square feet.
C.
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.
D.
Quantity. There shall be no more than one (1) sign per platted property
as recorded by Clay County.
E.
Wall sign(s).
1.
Size. The maximum allowable size shall be no greater than ten
percent (10%) of the square foot area of such a 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 a building.
Notwithstanding anything else herein to the contrary.
4.
Only one (1) wall of any building, regardless of the number
of tenants, shall be permitted to have a wall sign.
5.
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.
F.
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 Sign Code Official.
[Ord. No. 3425, 7-19-2021]
To the extent necessary, the Uniform Sign Code, as adopted at Section 500.010 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.
