No sign, other than those signs allowed without a permit by section 84-232 of this article, shall be erected, placed, attached, secured, altered or displayed to/on the ground, any building, or any structure, until a permit for such sign has been issued by the building official.
(Ordinance 1861, § 1, 8-25-09)
A permit issued for any sign and its supporting structure shall
automatically terminate after the use for which the sign directs attention
is discontinued for a period of 180 days or longer. Additionally,
an annual permit shall automatically terminate and be deemed void
on the first of January of each year. A permit issued for any sign
including its supporting structure, shall automatically terminate
in the event the sign shall fail and not be corrected within 180 days.
Upon cessation of the permit for any sign, such sign and its supporting
structure shall thereafter constitute a non-permitted structure and
shall be subject to removal pursuant to the provisions of the building
code and the owner thereof or occupant of the premises upon which
the sign is situated shall be subject to fine and/or penalty as provided
pursuant to the provisions of this code and the building codes of
the city.
(Ordinance 1861, § 1, 8-25-09)
An application for a sign permit may be obtained from the city.
The building official shall approve or deny an application for a sign
permit within 30 days of the city’s receipt of the application.
A sign permit will be issued if a proposed sign conforms to all city
ordinances. Upon request by the city, a diagram shall be provided
showing the location of all signs on the property and/or adjacent
properties. Incorrect information on an application shall be grounds
for denial or revocation of a sign permit. Application for a sign
permit shall be made in writing upon forms furnished by the building
official. Such application shall contain the location by street and
address number of the proposed sign structure, height, area, sign
function, as well as the name, address and phone number of the owner
and sign contractor or erector. The building official may require
the filing of plans or other pertinent information which, in their
opinion, such information is necessary to insure compliance with this
article. Standard plans may be filed with the building official.
(Ordinance 1861, § 1, 8-25-09)
A sign permit fee and a plan checking fee shall be paid to the
city in accordance with the most current fee schedule adopted by the
city.
(Ordinance 1861, § 1, 8-25-09)
(1)
All
signs and supporting structures, together with all their supports,
braces, guys and anchors shall be kept clean, neatly painted, free
from all hazards, including, but not limited to, faulty wiring and
loose fastenings, and be maintained in a safe condition at all times
so as not to be detrimental to the public health and safety. In the
event that a sign fails to meet the qualifications of this section,
the building official or their designee shall give written notice
to the person or persons responsible for such sign. If the sign is
not repaired or replaced within 60 days of such written notice, the
permit for such sign shall be revoked and the administrator is then
authorized to cause the removal of the sign. If such sign cannot be
demolished because it is painted on a non-sign structure, such sign
shall be painted over or removed by sandblasting. Any expenses incurred
shall be paid by the owner of the land, building, or structure on
which the sign was removed. The building official shall also file
a lien against the property in the amount of the cost of any and all
such work.
(2)
In
the event that the property for which the signage was intended for
or on which the signage is located has closed the business for a period
of time exceeding 60 days, the building official may require the owner
of such property to cover all signage so as to make all sign faces
blank and free from wording or advertisement.
(Ordinance 1861, § 1, 8-25-09)
(1)
All
signs for which a permit is required shall be subject to inspection
by the building official.
(2)
Footing
inspections may be required by the building official for all signs
having footings with the exception of poles constructed to display
permitted flags.
(3)
All
signs containing electrical wiring shall be subject to the provisions
of the governing electrical code, and electrical components shall
bear the label of an approved testing agency.
(4)
All
signs may be re-inspected at the discretion of the building official.
(Ordinance 1861, § 1, 8-25-09)
(1)
The
area of a sign shall be measured as follows:
a.
For
signs in the shape of a square, rectangle, circle, or similar standard
geometric shape, the area shall be calculated by using the standard
mathematical formula ([square equals] height multiplied by width,
[circle equals] 3.14 multiplied by radius squared, etc.). This method
of measurement is most commonly-used for banners, commercial real
estate signs, model home signs, monument signs, project development
signs, and stake signs.
b.
For
sign with a shape that is irregular, the area shall be measured by
enclosing the sign elements to the closest geometric shape. The method
of measurement is most commonly used for awning signs and wall signs
with individual lettering and for irregularly-shaped signs.
c.
The
area of a spherical, cylindrical, or other three-dimensional sign
shall be measured by calculating the area of a two-dimensional drawing
of the largest elevation of the sign.
d.
Where
a sign has two faces, the area of both faces shall be used to determine
the area of the sign; provided, the two faces are within five degrees
of parallel. Where a sign has two or more faces and exceed greater
than five degrees from parallel, the sign area shall be calculated
as the sum of the area of each face (a “V-shaped” sign).
A V-shaped sign is only permitted at the corner of a property with
two-street frontages.
(2)
The
area of primary wall signs containing multiple elements shall be calculated
as follows:
a.
Regardless
of the spacing between letters, letters forming a word or name shall
be considered a single sign.
b.
When
two or more separate items in a sign, such as a word or logo, are
separated horizontally or vertically by less than the width or height
of the largest item, the items shall be considered a single sign and
the area shall be determined by measuring the area enclosing the sign
elements with straight, intersecting lines. The following sign elements
are considered one sign.
c.
When
two or more separate items in a sign, such as a word or logo, are
separated horizontally or vertically by more than the width or height
of the largest item, the items shall be considered a separate sign
and the area of each item shall be determined individually. The following
sign elements are considered two signs.
(3)
The
supports of a stake sign, A-frame sign, project development sign,
or commercial real estate sign shall not be included in calculating
the area of a sign, but shall be included in the measurement of the
height of a sign.
(4)
The
height of all signs shall be measured from the top edge of the sign
and/or support structure to the average finished grade below the sign
and/or support structure, unless otherwise noted in this article.
If a sign is located on a mount, berm, or other raised area for the
sole purpose of increasing the height of the sign, the height of the
mound, berm, or other raised area shall be included in the height
of the sign. Measurement for a sign height will be determined from
the curb grade at the property line.
(Ordinance 1861, § 1, 8-25-09)
(1)
Compliance
with Unified Development Code, International Building Code, National
Electrical Code, and other ordinances.
All sign structures
shall comply with the city’s Unified Development Code, as it
currently exists or may be amended, the International Building Code,
the National Electrical Code, and other city ordinances, as they currently
exist or may be amended. If the standards as described herein are
more restrictive than another ordinance or code, then the provisions
of this article shall apply.
(2)
Visibility.
All signs shall observe all visibility requirements. Signs shall
not be placed within visibility triangles, or corner clips as defined
in the city’s thoroughfare and circulation design requirements,
as it currently exists or may be amended. Signs shall not create a
hazard.
(3)
Signs
posted in specified areas.
Unless otherwise permitted
within this article, no person shall post or cause to be posted, attach
or maintain any sign upon:
a.
Any
city-owned property or right-of-way without written permission of
the city manager or their designated representative;
b.
Any
utility easement. Should a property owner be able to demonstrate to
the city engineer and/or franchise utility company that there is no
other viable location for a sign other than a utility easement, a
sign may be located within the utility easement subject to written
approval from the city engineer and/or franchise utility company and
subject to the providing of a letter to the city releasing the city
of any liability for repair or replacement of a sign damaged by work
occurring within the utility easement;
c.
Any
tree, utility pole or structure, street sign, rail, or any fence;
d.
Any fence, railing or wall, except in accordance with subsection 84-232 (102) of this article (Wall sign (primary)); or
e.
Any
sidewalk within the right-of-way or sidewalk easement, curb, gutter,
or street, except for house numbers or fire lane designation.
(4)
Signs
attached to fire escapes.
No sign shall be attached in
any manner to any fire escape or to the supporting members of any
fire escape, nor shall it be guyed to or supported by any part of
a fire escape.
(5)
Accumulation
of rainwater.
All signs shall be constructed to prevent
the accumulation of rainwater in the sign.
(6)
Location
near telephone cable, power line, or streetlight.
No
sign shall be erected nearer than two feet from any telephone cable,
power line or any streetlight standard.
(7)
Signs
not to block or interfere with exits or windows, or pedestrian and
vehicular traffic.
No sign shall be erected to block,
partially block, or interfere in any way with a required means of
exit from any building nor with any window. No sign shall block, interfere,
or otherwise hinder pedestrian or vehicular traffic on a public sidewalk,
a public thoroughfare, a fire lane easement, or a driveway required
to access parking.
(8)
Glass
signs over public property or pedestrian area.
Signs
constructed of glass or other materials which may shatter upon impact
are prohibited over a public right-of-way or pedestrian area.
(9)
Identification
marking required.
All signs that require the issuance
of a permit after adoption of this article shall have attached, written,
or painted in a weatherproof manner and in a conspicuous place thereon,
in letters not less than one inch in height, the date of erection
and the sign permit number on the sign.
(10)
Assumed wind load for design purposes.
For the purposes
of design of structural members in signs, an assumed wind load of
20 pounds per square foot shall be used.
(11)
Multiple signs on a property or building.
The permitting
of a sign on a property or building shall not preclude the permitting
of other types of signs on a property or building, unless the signs
are expressly prohibited herein.
(Ordinance 1861, § 1, 8-25-09)
(1)
All
prohibited signs or noncompliant signs shall be considered a public
nuisance and are prohibited by this article in the city. Upon identification
of any prohibited sign, the building official or their designee shall
provide written notification of the violation to the owner of the
property on which the prohibited sign is located and/or the installer
of the sign. The notification shall state that the offending sign
shall be removed by the owner, agent or person having beneficial use
of the land, building or structure upon which such sign is located
within the time period prescribed after written notification to do
so by the building official. The notification shall further state
that if the prohibited sign is not removed within a specific timeframe
(not to exceed ten days) a citation may be issued and the city may
resort to any civil remedy available up to and including impoundment.
If any sign is determined to present an immediate danger to public
health, safety, or welfare, the city shall remove it immediately.
Within ten days of the removal of the sign, the building official
shall notify the owner of the property on which the sign was located
of the reasons for the removal of the sign. Signs authorized by a
sign permit number with an expiration date shall be removed promptly
upon the date of expiration. Signs remaining after the date of expiration
shall be deemed prohibited. The sign permit that provides the expiration
date shall be considered adequate notice of violation.
(2)
It
shall be unlawful for any person, firm, entity or corporation receiving
such written notification or having an expired sign permit to fail
to comply with the direction of the notification. In the event failure
to comply with such notice provided, the building official is hereby
authorized to cause the removal and impoundment of such sign. Any
expenses incident thereto shall be the responsibility of the owner,
agent or person having beneficial use of the land, building or structure
upon which such sign was located.
(3)
If
a sign is placed within a public right-of-way or on a city-owned property
in violation of this article, the sign may be immediately removed
and impounded.
(Ordinance 1861, § 1, 8-25-09)
(2)
Impounded
signs not recovered within 15 days of impoundment may be disposed
of by the city in any manner it shall elect.
(3)
Illegal
signs removed from public property, including the city’s right-of-way,
park property or other city maintained area may be immediately disposed
of by the city in any manner it shall elect.
(Ordinance 1861, § 1, 8-25-09)
(1)
Abandoned
signs and neglected signs shall be considered a public nuisance and
are prohibited by this article. Upon written notification by the building
official or their designee, such abandoned signs shall be removed
from the premises and neglected signs shall be repaired or removed
from the premises by the owner, agent or person having beneficial
use of the land, building or structure upon which such sign is located.
The notification shall state that the offending sign shall be repaired
or removed by the owner, agent or person having beneficial use of
the land, building or structure upon which such sign is located within
ten days after written notification to do so by the building official
or his representative. The notification shall further state that if
the sign is not removed or repaired, a citation may be issued and
the city may resort to any civil remedy available to remove or repair
the sign, up to and including impoundment. If any sign is determined
to present an immediate danger to public health, safety or welfare,
the city shall remove it immediately. Within ten days of the removal
of the sign, the building official shall notify the owner of the property
on which the sign was located of the reasons for the removal of such
sign.
(2)
It
shall be unlawful for any person, firm, entity or corporation receiving
such written notification to fail to comply with the direction of
the notice. In the event failure to comply with such notice provided
under this section, the building official is hereby authorized to
cause the removal and impoundment of such sign. Any expenses incident
thereto shall be the responsibility of the owner, agent, or person
having beneficial use of the land, building or structure upon which
such sign was located.
(Ordinance 1861, § 1, 8-25-09)
