The regulations balance the need to protect the public safety
and welfare, the need for a well-maintained and attractive community,
and the need for adequate identification, communication and advertising.
The regulations for signs have the following specific objectives:
(1)
To
ensure that signs are designed, constructed, installed and maintained
according to minimum standards to safeguard life, health, property
and public welfare;
(2)
To
allow and promote positive conditions for sign communications;
(3)
To
reflect and support the desired ambience and development patterns
of the various zones, and promote an attractive environment;
(4)
To
allow for adequate and effective signs whose dimensional characteristics
further the interests of public safety and the needs of the motorist,
where signs are viewed from a street or roadway; and
(5)
To
ensure that the constitutionally guaranteed right of free expression
is protected.
(Ordinance O-02-2020, sec. 13-100,
adopted 3/23/2020; 1997 Code,
sec. 154.85)
(a)
General.
The requirements of this code apply to all signs, sign structures, awnings, and other types of sign devices located within the city, except as specified in subsection (b), below.
(b)
Signs
and sign structures located within the city that cannot be seen from
a public roadway are not subject to the size, height, locations and
number regulations listed herein. These signs must however comply
with safety and construction building code provisions in the city.
(Ordinance O-02-2020, sec. 13-200,
adopted 3/23/2020; 1997 Code,
sec. 154.86)
(a)
Where
there is a conflict between specific sign regulations and the base
or general sign regulations of this code, the specific sign regulations
supersede the base sign regulations.
(b)
Other conflicts.
Where there is a conflict between a
land use regulation and a structural regulations, or other conflicts
not otherwise addressed by this section, the most restrictive applies.
(Ordinance O-02-2020, sec. 13-300,
adopted 3/23/2020; 1997 Code,
sec. 154.87)
A sign that no longer identifies or advertises an ongoing
business, product, location, service, idea, or activity conducted
on the premises on which the sign is located. Whether a sign has been
abandoned or not shall be determined by the intent of the owner of
the sign and shall be governed by applicable state case law and statutory
law on abandoned structures.
A change in the size or shape of an existing sign. Copy or
color change of an existing sign is not an alteration. Changing or
replacing a sign face or panel is not an alteration.
A sign employing actual motion, the illusion of motion and/or
color changes achieved through mechanical, electrical, or electronic
means. Animated signs, which are differentiated from changeable signs
as defined and regulated by this code, include the following types:
Environmentally activated.
Animated signs or devices motivated by wind, thermal changes,
or other natural environmental input. Includes spinners, pinwheels,
pennant strings, and/or other devices or displays that respond to
naturally occurring external motivation.
Mechanically activated.
Animated signs characterized by repetitive motion and/or
rotation activated by a mechanical system powered by electric motors
and other mechanically induced means.
Electrically activated.
(A)
(B)
Animated signs producing the illusion of movement by means
of electronic, electrical, or electromechanical input and/or illumination
capable of simulating movement through employment of the characteristics
of one or both of the classifications noted below:
Flashing.
Animated signs or animated portions of signs whose illumination
is characterized by a repetitive cycle in which the period of illumination
is either the same as or less than the period of non-illumination.
For the purposes of this article, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination
exceeds four (4) seconds.
Patterned illusionary movement.
Animated signs or animated portions of signs whose illumination
is characterized by simulated movement through alternate or sequential
activation of various illuminated elements for the purpose of producing
repetitive light patterns designed to appear in some form of constant
motion.
Any projection from a building that is decorative and/or
functional and not intended for occupancy, and that extends beyond
the face of an exterior wall of a building but that does not include
signs as defined herein. See also: awning; backlit awning; and canopy,
attached and freestanding.
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or non-rigid materials and/or fabric on a supporting framework
that may be either permanent or retractable.
A sign displayed on or attached flat against the surface or surfaces of an awning. See also: wall or fascia sign. An awning that contains a "sign" section or copy area shall comply with the applicable sign area requirements for parallel signs (see table 3 [in section 9.03.267]) contained in this code. Only the sign or copy area displayed on an awning shall be used to determine the permitted sign area -the entire awning shall not be included in a sign area calculation. Refer also to section 9.03.255 for visual reference example.
An awning comprised of covering material exhibiting the characteristic
of luminosity obtained by means of a source of illumination contained
within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A sign applied or affixed to the seat or back of a bench.
See off-premises sign and commercial outdoor advertising
sign.
That portion of any exterior elevation of a building extending
vertically from grade to the top of a parapet wall or eaves and horizontally
across the entire width of the building elevation.
A sign that is applied or affixed to a building.
A multi-sided overhead structure or architectural projection
supported by attachment to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. Similar
to a marquee.
A multi-sided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or freestanding canopy. May be internally or externally illuminated. Similar to a marquee sign. Refer also to section 9.03.255 herein for visual reference example.
A sign with the capability of content change by means of
manual or remote input, includes the following types:
Manually activated.
Changeable sign whose message copy or content can be changed
manually on a display surface.
Electrically activated.
Changeable sign whose message copy or content can be changed
by means of remote electrically energized on-off switching combinations
of alphabetic or pictographic components arranged on a display surface.
Illumination may be integral to the components, such as characterized
by lamps or other light-emitting devices; or it may be from an external
light source designed to reflect off the changeable component display.
See also electronic message center.
A dimensional letter with a back, sides and a translucent
front face capable of transmitting light from an internal light source
within the letter.
A dimensional letter with a back and sides but no face at
the front of the letter. Open faced channel letters may be non-lit,
externally illuminated, or illuminated by a light source contained
inside the open channel of the letter itself, such as a neon tube.
A dimensional letter with a face and sides but no back, opposite
to an open faced channel letter. A reverse channel letter has an open
channel facing the wall or building to which it is affixed. A reverse
channel letter may contain a source of illumination designed to project
lighting against the surface behind the letter, commonly referred
to as a backlit channel letter; also referenced as a halo or silhouette
lighted channel letter. The face of a reverse channel letter does
not illuminate.
A non-structural covering designed to conceal the actual
structural supports of a sign. See also pole or pylon cover.
A temporary off-premises sign erected, maintained or used
in the outdoor environment for the purpose of providing copy area
for commercial or noncommercial messages.
A sign that is legally installed in conformance with all
prevailing jurisdictional laws and ordinances.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background. See sections 9.03.256 and 9.03.257 for computational methodology.
A letter, symbol, or graphic that is three-dimensional in
character, containing height, width, and depth.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
The amount of time a message and/or graphic is displayed
on an electronic message sign.
A mode of message transition on an electronic message sign
accomplished by varying the light intensity or pattern, in which the
first message gradually appears to dissipate and lose legibility with
the gradual appearance and legibility of the second message.
A sign with two faces, back to back.
An electronic message sign frame effect in which the illusion
of motion and/or animation is used.
Any sign activated or illuminated by means of electrical
energy.
An electrically activated changeable sign whose variable
message and/or graphic presentation capability can be electronically
programmed by computer from a remote location. Also known as an EMC.
EMCs typically use light emitting diodes (LEDs) as a lighting source.
(See also following terms principally associated with electronic message
centers: display time, dissolve, dynamic frame effect, fade, frame,
frame effect, scroll, transition, travel.)
Any sign placed outside a building.
See illuminated sign.
See building facade.
A mode of message transition on an electronic message sign
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
See wall sign.
See animated sign, electrically activated.
A set of letters, numerals, symbols, or shapes conforming
to a specific set of design criteria.
A complete, static display screen on an electronic message
sign.
A visual effect on an electronic message sign applied to
a single frame. See also dynamic frame effect.
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground. May also be referenced as a ground or monument sign. Refer also to section 9.03.255 for visual reference examples.
The length of an exterior building wall or structure of a
single premises along either a public way or other properties that
it faces.
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
See freestanding sign.
The amount of light falling upon a real or imaginary surface,
commonly called "light level" or "illumination."
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally or trans-illuminated);
or reflecting off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window
signs as defined by this article. Interior signs, with the exception
of window signs as defined, are not regulated by this article.
See illuminated sign.
A sign manufactured and labeled in accordance with specifications
promulgated by a recognized testing laboratory designed to assure
compliance with applicable American National Standards (ANSI) and/or
the National Electrical Code (NEC).
The light that is emitted by or reflected from a surface.
A roof-like facade comparable to an exterior building wall.
See section 14-800 [9.03.258] for visual reference.
See canopy (attached).
See canopy sign.
A sign containing three (3) or more faces.
A sign that was legally installed by permit in conformance
with all municipal sign regulations and ordinances in effect at the
time of its installation, but which may no longer comply with subsequently
enacted laws and ordinances having jurisdiction relative to the sign.
A continued and lawful use of property, including a sign
or signs lawfully installed in accordance with laws or ordinances
prevailing at the time of installation.
See outdoor advertising sign. See also, wayfinding sign.
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of the property on which
it is displayed.
A temporary sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of the property on which it is displayed. May also be referenced
as an off-premises sign, billboard, or commercial outdoor advertising
sign.
See wall sign.
The extension of a building facade above the line of the
structural roof.
See also freestanding sign; see also projecting sign.
An enclosure designed to conceal poles and/or other structural
supports of a sign. See also cladding.
See freestanding sign.
A temporary sign intended to advance a political statement,
cause, or candidate for office.
Any cord-connected sign not permanently attached to the ground
and can be removed without the use of tools.
A sign other than a wall sign that is attached to or projects
more than eighteen (18) inches from a building face or wall or from
a structure whose primary purpose is other than the support of a sign.
Refer also to section 14-500 [9.03.255] for visual reference example.
See freestanding sign.
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
A sign that has the capability to revolve three hundred and
sixty degrees (360º) about an axis. See also: animated sign,
mechanically activated.
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
A sign mounted on the main roof portion of a building or
on the uppermost edge of a parapet wall of a building and which is
wholly or partially supported by such building. Signs mounted on mansard
facades, pent eaves, and architectural projections such as canopies
or marquees shall not be considered to be roof signs. Refer also to
section 14-800 [9.03.258] for visual reference examples of roof signs,
and comparison of differences between roof and fascia signs.
A mode of message transition on an electronic message sign
in which the message appears to move vertically across the display
surface.
Any device visible from a public place whose essential purpose
and design is to convey either commercial or noncommercial messages
by means of graphic presentation of alphabetic or pictorial symbols
or representations. Noncommercial flags or any other flags displayed
from flagpoles or staffs will not be considered to be signs.
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double sided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple sided signs shall be computed as fifty (50) percent of the sum of the areas of all faces of the sign. See sections 9.03.256 and 9.03.257 for computational methodology for various sign area configurations.
The letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Refer to sections 9.03.256 and 9.03.257 for sign face computational illustrations.
In the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
Any structure designed for the support of a sign.
The ground area legally designated as a zoning lot, which
may be categorized as a permanent parcel (a lot of record), multiple
lots of record, or a portion of a lot of record.
A temporary sign pertaining to any civic, patriotic, or special
event of general public interest.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
See internally illuminated sign.
A visual effect used on an electronic message sign to change
from one message to another.
A mode of message transition on an electronic message sign
in which the message appears to move horizontally across the display
surface.
A sign attached to the underside of a canopy or marquee.
A sign containing two faces of equal size, positioned at
an interior angle subtending less than one hundred seventy-nine degrees
(179°) at the point of juncture of the individual faces.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than eighteen (18) inches from the building or structure wall. Also includes signs affixed to architectural projections that project from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to section 9.03.255 for visual reference examples, and comparison examples of differences between wall or fascia signs and roof signs.
A sign, frequently off-premises, specifically designed to
provide directional or destination information. See also, off-premises
sign.
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
(Ordinance O-02-2020, sec. 13-400,
adopted 3/23/2020; 1997 Code,
sec. 154.87)
 |
(Ordinance O-02-2020, sec. 13-500,
adopted 3/23/2020; 1997 Code,
sec. 154.88)
 |
(Ordinance O-02-2020, sec. 13-600,
adopted 3/23/2020; 1997 Code,
sec. 154.89)
 |
(Ordinance O-02-2020, sec. 13-700,
adopted 3/23/2020; 1997 Code,
sec. 154.90)
 |
(Ordinance O-02-2020, sec. 13-800,
adopted 3/23/2020; 1997 Code,
sec. 154.91)
The following are exempt from the regulations of this code,
but may be subject to other codes enacted by the city where applicable:
(1)
Signs
which are not visible from a public roadway; however, these signs
must comply with any building and construction provisions enacted
by the city.
(2)
Signs
inside a building.
(3)
Signs
carved into a building or raised in integral relief on a building.
Clarification notes: Signs or letters that are raised
must be a physical part of the building facade to qualify under this
provision; they must be a part of the physical construction of the
building materials comprising the facade; letters or signs that are
merely attached to the exterior facade of the building do not qualify,
even if the same finish or color.
(4)
Signs
required by federal or state law.
(5)
Flags
and individual pennants (not on a string).
(6)
Signs
required by municipal authority.
(7)
Painted
and/or applied wall accents and decorations.
(8)
Illuminated
building accents and decorations.
(9)
Public
art, including permitted original art murals.
(10)
Name and address: Up to two (2) signs indicating address, number
and/or name of occupants of the premises, that do not exceed two (2)
square feet in area per side, and do not include any commercial advertising
or other identification.
(11)
Decals: Decals and/or logos affixed to windows or door glass panels,
such as those indicating membership in a business group or identifying
credit cards accepted at the establishment.
(12)
Handicapped parking space: Signs not exceeding two (2) square feet
in area reserving parking for handicapped individuals.
(13)
Private drive signs: On-premises private drive signs are limited
to one (1) per driveway entrance, not exceeding two (2) square feet
in area.
(14)
Public signs: Signs erected by government agencies or utilities,
including traffic, utility, safety, railroad crossing and identification
signs for public facilities and any signs erected by the city.
(15)
Security and warning signs: On-premises signs regulating the use
of the premises, such as "no trespassing," "no hunting" and "no soliciting"
signs that do not exceed one (1) sign two (2) square feet in area
in residential areas and one (1) sign five (5) square feet in area
in commercial and industrial zones. These limitations shall not apply
to the posting of conventional "no trespassing" signs in accordance
with state law.
|
Clarification notes: In order to be constitutionally
sound, a code should keep the list of "exempted" signs to an absolute
minimum if the exemptions are based on:
|
|
- differentiating between uses and/or who is speaking,
as this would represent a control of content based on the status of
the "speaker";
|
|
- or if there can be some perceived discrimination between
certain types of signs that are exempt from the code, and others that
fall within the parameters of the code. A properly drafted sign code
will avoid, as often as possible, making distinctions between uses
and/or speakers.
|
(Ordinance O-02-2020, sec. 13-900,
adopted 3/23/2020; 1997 Code,
sec. 154.92)
The following signs are prohibited:
(1)
Signs
containing strobe lights.
(2)
Abandoned
sign structures, as defined by this code.
(3)
Signs
placed on or painted on a motor vehicle or trailer parked with the
primary purpose of providing signage not otherwise allowed by the
code; prohibited is any sign displayed on a parked trailer or truck
or other vehicle where the primary purpose of the vehicle is to advertise
a product, service business, or other activity. This regulation shall
permit the use of business logos, identification or advertising on
vehicles primarily and actively used for business purposes and/or
personal transportation.
(4)
Signs
that imitate or resemble official traffic lights, signs or signals
or signs that interfere with the effectiveness of any official traffic
light, sign or signal.
(5)
Mechanically
moving signs: An environmentally activated sign or other display with
actual mechanical motion powered by natural, manual, mechanical, electrical
or other means, including but not limited to pennant strings, streamers,
spinners, propellers, and searchlights.
(6)
Flashing
signs: See definitions. For the purposes of this code, a sign that
has a change rate or dwell time of four (4) seconds or longer does
not fit within the prohibition noted herein.
(7)
Inflatable
signs and other permanent objects: Signs and other objects which are
inflated, including, but not limited to, balloons. Balloons may be
permitted in temporary noncommercial situations; for instance: they
are permitted for special occasions at a residence.
(8)
Posters
and handbills: Any signs affixed to any structures, trees or other
natural vegetation, rocks or poles.
(9)
Roof signs: Roof signs, except for those permitted by special exception in commercial and industrial zones. See section 9.03.258.
(10)
Simulated traffic signs and obstructions: Any sign which may be confused
with, or obstruct the view of, any authorized traffic sign or signal,
obstruct the sight-distance triangle at any road intersection or extend
into the public right-of-way.
(11)
A-frame/wheeled signs: Any portable "A" frame or similar portable
sign is prohibited except as described under temporary signs below.
(12)
Signs adversely affecting safety: Signs which prevent free ingress
or egress from any door, window, fire escape, or that prevent free
access from one part of a roof to any other part. No sign other than
a safety sign shall be attached to a standpipe or fire escape.
(13)
Sign emissions: No sign which emits smoke, visible vapors, particles,
sound or odor shall be permitted. Open flames used to attract public
attention to a place of business or to an advertising sign shall not
be permitted.
(14)
Mirrors: No mirror device shall be used as part of a sign.
|
Clarification notes: This model code recommends that
cities include language that makes "prohibited" signs general in nature;
all municipalities have different regulatory and community needs in
regard to available signs types. "Regulation" over "prohibition" is
always preferred, from a legal and constitutional perspective. This
commentary to the USSC Model Sign Code merely suggests that the above
noted sign types are often included by cities in their sign code "prohibitions"
section.
|
(Ordinance O-02-2020, sec. 13-1000,
adopted 3/23/2020; 1997 Code,
sec. 154.93)
(a)
Reading and applying the code.
Literal readings of the
code language will be used. Regulations are no more or less strict
than as stated. Application of the regulations that are consistent
with the rules of this code are non-discretionary actions of the building
inspector and/or code enforcement officer to implement the code. The
action of the building inspector and/or code enforcement officer is
final.
(b)
Situations where the code is silent.
Where the code
is silent, or where the rules of this code do not provide a basis
for concluding that a sign is allowed, said sign is therefore prohibited.
(Ordinance O-02-2020, sec. 13-1100,
adopted 3/23/2020; 1997 Code,
sec. 154.94)
(a)
Defining words.
Words used in the code have their dictionary
meaning unless they are listed and described otherwise. Definitions:
Words listed in division 5, Definitions, have the specific meaning
stated, unless the context clearly indicates another meaning. The
word "sign" in this code always refers to an "on-premises" sign.
(b)
Tenses and usage.
(1)
Words used in the singular include the plural. The reverse is also
true.
(2)
Words used in the present tense include the future tense. The reverse
is also true.
(3)
The words "shall," "must," "will," and "may not" are mandatory.
(4)
"May" is permissive.
(5)
When used with numbers, "Up to x," "Not more than x" and "a maximum
of x" all include x.
(c)
Conjunctions.
Unless the context clearly indicates otherwise,
the following conjunctions have the following meanings:
(d)
Lists.
Lists of items that state "including the following,"
"such as," or similar language are not limited to just those items.
The lists are intended to provide examples, but not to be exhaustive
of all possibilities.
(Ordinance O-02-2020, sec. 13-1200,
adopted 3/23/2020; 1997 Code,
sec. 154.95)
(a)
Sign cabinets.
The area of sign faces enclosed in frames
or cabinets is determined based on the outer dimensions of the frame
or cabinet.
(b)
Double sided signs.
Only one (1) side of a double sided
sign is counted in determining the area of sign faces. Where the two
(2) sides are not of equal size, the larger of the two (2) sides is
used for the determination of sign area. The area of multiple-faced
signs in which the interior angle formed by the faces is greater than
ninety-one degrees (91°) shall be expressed as the sum of the
areas of all the faces, except for multiple-faced signs containing
faces that are configured back to back, in which case the area of
the faces configured back to back will be calculated according to
the rule for double faced signs.
(c)
Round, oval and irregularly shaped signs.
To be measured
based on the appropriate mathematical formula to obtain the sign area
for a circle, an oval or irregularly shaped sign.
(d)
Calculating sign area.
(1)
Signs containing integral background areas.
The area
of a sign containing a clearly defined background area shall be calculated
based on the area of the smallest standard geometric shape or combination
of geometric shapes capable of encompassing the perimeter of the background
area of the sign. In the case of signs in which multiple background
areas are separated by open space, sign area shall be calculated based
on the sum of the areas of all separate background areas, calculated
as referenced above, but without regard for any open space between
the separate background areas.
(2)
Signs without integral background areas.
In instances
in which a sign consists of individual elements such as letters, symbols,
or other graphic objects or representations that are painted, attached
to, or otherwise affixed to a surface such as a wall, window, canopy,
awning, architectural projection, or to any surface not specifically
designed to serve as a sign background, the sign area shall be based
on the sum of the individual areas of the smallest geometric shape
or combination of geometric shapes capable of encompassing the perimeters
of the individual elements comprising the sign.
(3)
Awnings and marquees.
When graphics or sign copy is
incorporated into an awning, the sign area is determined by computing
the area of a standard imaginary geometric shape or combination of
shapes drawn around the sign copy area or graphics. When the ends
of awnings or marquees are parallel and contain graphics or sign copy,
only one side is counted in addition to the sign face area on the
front.
(Ordinance O-02-2020, sec. 13-1300,
adopted 3/23/2020; 1997 Code,
sec. 154.96)
(a)
The
overall height of a freestanding sign or sign structure is measured
from the lowest point of the ground directly below the sign to the
highest point of the freestanding sign or sign structure.
(b)
Exception:
Where a freestanding sign or sign structure is mounted along a roadway
that has a higher grade level as compared to the grade level directly
below the freestanding sign or sign structure, then the freestanding
sign or structure's height will be measured from the roadway grade
level to the highest point of the freestanding sign or sign structure.
See figure A.
|
FIGURE A
 |
|
Clarification notes: The intent of this section is to describe how freestanding sign height is determined: by measuring from the grade level directly beneath the freestanding sign to the top of the sign. An exception is included in order to assist adopting jurisdictions in conserving resources and to avoid unnecessary zoning appeals, as illustrated below [in subsection (b) above].
|
|
If a freestanding sign is installed along a roadway
that is elevated as compared to grade level around the freestanding
sign, then there is the potential that the freestanding sign will
sit too low as compared to motorists on the roadway, and sign visibility
and legibility will be compromised. The exception is a reasonable
adjustment to address this type of situation administratively via
the routine sign permit application, and will allow jurisdictions
to avoid the bureaucratic time and expense involved in hearing zoning
appeals filed to address the height disparity.
|
(Ordinance O-02-2020, sec. 13-1400,
adopted 3/23/2020; 1997 Code,
sec. 154.97)
(a)
General standards.
Standards for permanent on-premises
signs in the residential, apartment, multifamily, agricultural and
subdivision development zones are described below and on table 1.
(b)
Residential properties.
All single-family residential
properties that are located in residential zoning districts are permitted
signs not to exceed eight (8) square feet in total sign area per road
frontage. Corner lots and lots with frontage on more than one street
are entitled to eight (8) square feet per frontage. This sign area
allowance covers but is not limited to: address signs, home occupation
signs, lawn signs, real estate signs, contractor signs, and political
signs. Signs may be freestanding, mounted to a permanent building
structure or displayed in a window. Trees, rocks or other naturally
occurring landscape features may not be used to support a residential
sign.
|
Clarification notes: It is the intent of this model
code to give a specific overall sign area allowance to a residential
property, and no more. It is then up to the individual property owner
how the overall sign area is apportioned. This relieves the city from
the responsibility of making differentiations and distinctions between
types of signs and speech on residential properties and its attendant
constitutional implications. The model code recommends a maximum area
of eight (8) square feet as a reasonable allowance that will meet
most residential sign needs -particularly if there is more than one
sign involved, if even on a temporary basis (for instance, a political
sign and a contractor's sign).
|
(c)
Subdivisions,
apartment, multifamily dwellings and condominium complexes are permitted
a freestanding sign not to exceed sixty-four (64) square feet, and
further provided that one (1) such sign shall be permitted for each
separate street and/or separate building frontage occupied by the
subdivision, apartment, or condominium complex and/or for each means
of entrance to or exit from the subdivision, apartment, or condominium
complex. Wall signs are also permitted not to exceed five (5) percent
of the area of the facade in elevation view upon which they are placed.
(d)
For properties located in a residential zone as described in subsection (c) above, other directional, incidental and/or accessory signs are also permitted, to be located within the subdivision, complex or multifamily residential development. Such directional, incidental and/or accessory signs shall not exceed six (6) square feet in sign area and eight (8) feet in height (if freestanding).
(e)
Other
permitted nonresidential uses in a residential zone are permitted
a freestanding sign not to exceed forty-eight (48) square feet, and
further provided that one (1) such sign shall be permitted for each
separate street and/or separate building frontage occupied by the
permitted use, and for each means of entrance to or exit from the
permitted use. Wall signs are also permitted not to exceed five (5)
percent of the area of the facade in elevation view upon which they
are placed.
(f)
Electronic message centers.
EMCs are allowed, by special
exception only, on properties with permitted nonresidential uses in
a residential zone. They are prohibited on residential properties
and on subdivision, apartments, multifamily dwellings and condominium
properties.
(g)
Animated signs.
As defined by this code, animated signs
are prohibited in residential zones.
(h)
Roof signs.
As defined by this code, roof signs are
prohibited in residential zones.
|
TABLE 1. SIGNS IN RESIDENTIAL DISTRICTS
| ||||
|---|---|---|---|---|
|
|
Types of Signs Allowed
|
Number of Signs Allowed
|
Permitted Sign Area
|
Maximum (if applicable)
|
|
Residential properties including single-family detached, townhomes
|
Freestanding or wall
|
Any number so long as the total SF of all signs does not exceed
8 SF per frontage
|
8 SF
|
6' 0"
|
|
Residential subdivisions, apartment complexes, multifamily dwellings,
condominiums
|
Freestanding
|
One per frontage
|
64 SF
|
15' 0"
|
|
Wall
|
One per facade
|
5% of facade
|
–
| |
|
Incidental or directional
|
Unlimited 6 SF
|
8'-0"
|
| |
|
Permitted nonresidential uses in residential zones
|
Freestanding
|
One per frontage
|
48 SF
|
15' 0"
|
|
Wall
|
One per facade
|
5% of facade
|
–
| |
|
Incidental or directional
|
Unlimited
|
6 SF
|
8' 0"
| |
|
Electronic message centers are allowed by special exception
on properties where permitted nonresidential uses in a residential
zone are located
| ||||
(Ordinance O-02-2020, sec. 13-1500,
adopted 3/23/2020; 1997 Code,
sec. 154.98)
(a)
Any
signs permitted in a residential zone that relate to a use permitted
in the office and professional zones are permitted.
(b)
Signs
for any permitted use, office, office development or professional
building, including a directory of tenants engaged in professional
and/or commercial activity on the premises. The area of any such sign
shall not exceed sixty-four (64) square feet and not more than two
(2) such signs shall be permitted on premises held in single and separate
ownership unless such premises fronts on more than one (1) street
in which case two (2) such signs shall be permitted on each separate
street frontage, and further provided that one (1) sign, the area
of which shall not exceed sixty-four (64) square feet, shall be permitted
for each means of entrance to or exit from the premises.
(c)
Unless
otherwise regulated by specific reference herein, freestanding signs
shall be limited to a height above the grade level on which they are
placed of twelve (12) feet to the top of the sign.
(d)
Electronic
message centers: EMCs are permitted in office and professional zones.
(e)
Animated
signs are prohibited in office and professional zones.
(f)
Roof
signs are prohibited in office and professional zones.
(Ordinance O-02-2020, sec. 13-1600,
adopted 3/23/2020; 1997 Code,
sec. 154.99)
General standards and sign features: The standards for permanent
signs in commercial and industrial zones are as follows. All such
signs must conform to the regulations of this section.
(1)
Any
signs permitted in a residential zone or office and professional zones
are permitted in commercial and industrial zones.
(2)
Signs
on commercial and industrial properties as regulated by reference
to types noted below.
(A)
Freestanding signs.
(i)
Freestanding signs shall be limited to one (1) per property held
in single and separate ownership except for a property that has frontage
on more than one (1) street, in which case one (1) such sign shall
be permitted for each separate street frontage. If a property has
frontage that exceeds three hundred (300) lineal feet on any given
roadway, one (1) additional such sign on such frontage shall be permitted;
and for each multiple of three hundred (300) lineal feet of frontage
thereafter, one (1) additional such sign shall be permitted for each
separate street frontage. Unless otherwise regulated by specific reference
herein, the area and height above grade of any freestanding sign shall
not exceed the amounts specified in table 2 below.
(ii)
In the case of a property designated as a shopping center or
planned industrial park, additional freestanding signs shall be permitted
for each vehicular entrance to the property. Permitted sign area for
these additional freestanding signs shall be sixty (60) percent of
the sign area permitted by table 2 for signs in commercial and industrial
zones. Sign height shall be in conformance with table 2.
|
Freestanding signs in commercial and industrial districts values
indicated are maximum limits on sign size and height.
|
|
A = Sign area in square feet; H = Sign height in lineal feet
|
|
TABLE 2 Zoning District
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
Speed Limit
|
Downtown
|
Neighborhood Commercial
|
Highway Commercial
|
Industrial
|
Limited Access Highway
| |||||
|
|
A
|
H
|
A
|
H
|
A
|
H
|
A
|
H
|
A
|
H
|
|
25
|
24
|
14
|
50
|
22
|
78
|
26
|
78
|
26
|
|
|
|
30
|
28
|
16
|
72
|
26
|
112
|
30
|
112
|
30
|
|
|
|
35
|
32
|
18
|
98
|
30
|
153
|
36
|
153
|
36
|
|
|
|
40
|
|
128
|
34
|
200
|
42
|
200
|
42
|
|
|
|
|
45
|
|
162
|
38
|
253
|
48
|
253
|
48
|
|
|
|
|
50
|
|
200
|
42
|
312
|
52
|
312
|
54
|
|
|
|
|
55
|
|
|
|
|
378
|
56
|
378
|
60
|
457
|
66
|
|
60
|
|
|
|
|
450
|
60
|
450
|
66
|
544
|
70
|
|
65
|
|
|
|
|
|
|
|
|
639
|
74
|
|
70
|
|
|
|
|
|
|
|
|
741
|
78
|
|
75
|
|
|
|
|
|
|
|
|
850
|
86
|
(3)
Building signs.
(A)
Building signs include wall or fascia signs, roof signs, and signs
otherwise permanently applied to walls or other building surfaces.
(B)
The total area of all parallel wall signs applied to any given facade
shall not exceed the area computed as a percentage of the building
facade in elevation view, including window and door areas and cornices
to which they are affixed or applied in accordance with table 3 for
parallel signs in commercial and industrial zones.
(C)
In the case of a shopping center or a group of stores or other business
uses on a lot held in single and separate ownership, the provisions
of this section relating to the total area of signs permitted on a
premises shall apply with respect to each building, separate store,
separate storefront, or separate use. Only wall signs shall be permitted
for individual establishments in a shopping center or on a property
with more than one use, entity or business (multi-use or multi-tenant
properties; these properties may also have one (1) freestanding sign
per street frontage).
|
TABLE 3. PARALLEL SIGNS
| |
|---|---|
|
Distance of Sign from Road or Adjacent Commercial or Industrial
Zone
|
Percentage of Building Elevation Facade Permitted for Sign Area
|
|
0 to 100 feet
|
Fifteen (15%)
|
|
101 to 300 feet
|
Twenty (20%)
|
|
Over 301 feet
|
Twenty-five (25%)
|
|
Clarification notes: Tables #2 and #3 above are included
in order to provide the local city with specific dimensional values
for sign area, sign size and sign height, all based on existing scientific
research related to on-premises signs. The intent of this code is
to provide guidelines for the regulation of on-premises sign dimensions
that are based on scientific principles, and thereby assist the local
city in crafting a sign code that is fact-based, and to eliminate
subjective or individual preferences, which can vary greatly.
|
|
These standards are objective in nature. They have their
basis in furthering the interests of traffic safety. They will insure
that on-premises signs in the commercial and industrial zones have
adequate visibility and legibility for motorists, again in the interests
of public safety.
|
|
The primary goal of these standards is to insure that
all on-premises signs have sufficient area and height to provide a
motorist with adequate time and travel distance to detect a sign,
read and understand its contents, and then execute an appropriate
driving maneuver. Factors that would impede this process (making the
sign smaller, lowering its height) would be at odds with traffic safety
principles, and should be avoided by a local city, assuming that the
goal of public and motorist safety is paramount.
|
(4)
Roof signs, [canopy signs, marquee signs, and signs on architectural
projections,] special considerations.
(A)
Roof signs are permitted by special exception in the commercial and
industrial zones and are in lieu of a building or wall sign. For permitted
roof sign area, see table 3 above for parallel signs in commercial
and industrial zones. The height of any roof sign above the highest
architectural point of the building to which it is mounted shall not
exceed the percentage of the vertical dimension of the building facade
parallel to the sign in accord with subsections (i) and (ii) below.
Measurements shall be computed from the highest building point to
the top of the sign.
(B)
The area calculation for any roof sign whose orientation on a roof
may be other than parallel to an individual building facade shall
be computed with reference to the building facade that most closely
parallels the orientation of such sign.
(C)
Canopy signs (also marquee signs and signs on architectural projections),
special considerations.
(D)
Canopy signs, marquee signs and signs on architectural projections
are signs that are mounted to either structures that project off the
face of the building more than eighteen (18) inches or signs that
are mounted to a freestanding structure not attached to a building
that creates a canopy or covering over an area below.
|
Clarification notes: Canopy signs, marquee signs and
signs on architectural projections are special sign applications.
Although they are unique, they should be provided for in comprehensive
sign code. An example of a canopy sign would be lettering installed
on a canopy over a series of gas pumps at a service station -it is
neither a true wall sign nor freestanding sign. An example of a marquee
sign would be lettering and graphics displayed on the front and sides
of a theater marquee that projects out over a portion of a downtown
sidewalk. An example of a sign on an architectural projection would
be letters installed on a decorative masonry feature that projects
off a building face.
|
(E)
Signs affixed or applied in an essentially flat plane to the face
of a building or freestanding canopy, marquee, or architectural projection
provided that the copy area of any such sign, as defined herein, does
not exceed an area equal to forty (40) percent of the product of the
height and length of the face area of the canopy, marquee, or architectural
projection to which such sign is affixed or applied, or fifteen (15)
percent of the building facade to which it is attached, whichever
is greater.
(F)
Graphic treatment in the form of striping or patterns shall be permitted
on the face of any building or freestanding canopy, marquee, or architectural
projection without restriction, and the area of any such graphic treatment
shall not be calculated as a component of permitted copy area.
(5)
Awning signs [and projecting signs].
(A)
Graphics affixed or applied to the face or side surfaces of an awning
or backlit awning are permitted provided that the copy area of any
such sign copy or graphic, as defined herein, does not exceed an area
in accordance with table 3 for parallel signs, to which the awning
is attached.
(B)
Graphic treatment and/or embellishment in the form of striping, patterns,
or valances shall be permitted on the face or side surfaces of any
awning or backlit awning without restriction, and the area of any
such graphic treatment and/or embellishment shall not be calculated
as a component of permitted copy area.
(C)
Projecting signs: Permitted in commercial zones only.
(D)
Projecting signs shall be limited to one (1) per building facade
on which any such sign is mounted except for a use that fronts on
more than one (1) street, in which case, one (1) such sign shall be
permitted per facade for each separate street frontage. In the case
of a building in which any individual facade exceeds two hundred (200)
lineal feet, one (1) such sign shall be permitted for each two hundred
(200) lineal feet of such facade or multiple thereof on each separate
street on which such facade fronts.
(E)
The area of any projecting sign shall not exceed one (1) square foot
per every two (2) lineal feet of the building facade on which such
sign is mounted, except that no such sign shall be larger in area
than one hundred (100) square feet.
(F)
No projecting sign shall extend in a vertical dimension above the
highest architectural point of the facade to which it is mounted in
excess of twenty-five (25) percent of the vertical dimension of the
facade itself.
(G)
Projecting signs extending over a public sidewalk shall be limited
to a projection distance not to exceed two-thirds (2/3) of the width
of the sidewalk.
(H)
Projecting signs shall not be permitted in addition to any permitted
freestanding signs on any given property frontage, except that, in
the case in which a premises is permitted either freestanding or projecting
signs on any one frontage, projecting signs may be substituted for
any of the permitted freestanding signs on such frontage, provided
that the requirements herein specifically relating to size, height,
and extension of projecting signs are met.
(Ordinance O-02-2020, sec. 13-1700,
adopted 3/23/2020; 1997 Code,
sec. 154.100)
(a)
Where these regulations apply.
These regulations apply
to all signs regulated by this code.
(b)
Sign placement.
All signs and sign structures must be
erected and attached totally on or within the site or property to
which they refer, behind any applicable legal right-of-way.
(c)
Signs extending into the right-of-way.
Exceptions:
(1)
Projecting signs: In a downtown or central business district, projecting
over a public sidewalk.
(2)
Awnings and marquees: In a downtown or central business district,
projecting over a public sidewalk.
(3)
A-frame signs: A-frame signs may be used in a downtown or central
business district if they meet the following standards:
(A)
The sign is entirely outside the street or roadway;
(B)
The sign is no larger than ten (10) square feet;
(C)
The sign does not obstruct a continuous through pedestrian zone of
at least six (6) feet in width;
(D)
The sign does not obstruct pedestrian and wheelchair access from
the sidewalk to any of the following:
(i)
Transit stop areas;
(ii)
Designated disabled parking spaces;
(iii)
Disabled access ramps; or
(iv)
Building exits including fire escapes.
|
Clarification notes: The above exceptions for projecting
signs, awnings and marquees and A-frame signs are included for municipalities
where an area of special interest or a central town district has been
created with features such as sidewalks, buildings located close to
the street or roadway, no front lawns or landscaped areas, substantial
pedestrian traffic in addition to vehicular traffic.
|
(d)
Removal of signs.
The building inspector may require
signs extending into the right-of-way to be modified or moved if streets
are widened, or other improvements made in the right-of-way, which
result in the creation of unsafe conditions. The modification or moving
will be at the owner's expense. If a nonconforming sign is moved under
this requirement, it may be re-erected on the site without being brought
into conformance.
(e)
Freestanding signs.
Freestanding signs may not extend
into the right-of-way.
(g)
Pitched roof signs.
(1)
Vertical extensions.
A pitched roof sign may not extend
above the roofline.
(2)
Placement and angle.
Pitched roof signs must be parallel to the building face. They may not extend beyond the building wall. See illustrations in section 9 [section 9.03.258].
(3)
Support structures.
Support structures must be designed
so that there is no visible support structure above the sign.
(h)
Projecting signs.
(1)
Placement.
Projecting signs are not allowed on rooftops
or on pitched roofs. Projecting signs may not extend over a right-of-way
unless they are located in a downtown or central business district.
(i)
Directional signs.
(1)
General standards.
Directional signs that meet the standards
of this subsection are allowed in all zones and are not counted in
the total square footage of permanent signage allowed on any property
or site.
(2)
Size.
Freestanding directional signs may be up to six
(6) square feet in area and ninety-six (96) inches in height. Fascia
directional signs may be up to sixteen (16) square feet in area.
(3)
Directional signs in any zone may have internal or external illumination.
(j)
Permanent banners.
(1)
General.
Banners used as permanent signs are allowed in all commercial and industrial zones and will be included in the total square footage of permanent signage allowed on the site. Temporary banners are regulated under subsection (k)(3), below.
(2)
Standards.
Permanent banners are subject to the standards
for either fascia signs or projecting signs depending on how the banner
is supported or anchored.
(k)
Temporary signs.
(1)
Signs that meet the standards of this subsection are exempt from
the standards for permanent signs and are not counted in the total
square footage of signage allowed on any particular property or site.
Signs that do not meet the standards of this subsection are subject
to the standards for permanent signs.
(2)
Temporary signs may have external or internal illumination.
(3)
Temporary banners.
Temporary banners are subject to
the following regulations:
(A)
In all residential zones, temporary banners are not permitted on
sites with houses, duplexes, and attached houses. Exception: banners
for holidays, religious commemoration, and special family events.
(B)
In the office, professional, commercial and industrial zones, one
banner no larger than thirty-two (32) square feet in size is permitted
per property or, on a multiuse property, per storefront. Only one
(1) of these banners may be hung on each building wall or on each
separate structure. Any additional banners, or banners larger than
thirty-two (32) square feet in size, must meet the following standards
for permanent signs in this code.
(C)
A temporary banner may be displayed no longer than ninety (90) days
per calendar year.
(D)
Banners that do not meet the regulations of this subsection must
meet the standards for permanent signs.
(4)
Temporary wall or fascia signs.
One (1) temporary wall
sign is allowed per street frontage in the commercial and industrial
zones. Temporary wall signs may be up to thirty-two (32) square feet
in area. Temporary wall signs may not extend above roof lines. Extensions
into the right-of-way are prohibited. A temporary wall sign may be
displayed no longer than ninety (90) days.
(5)
Temporary freestanding or portable signs.
One (1) temporary
freestanding sign is allowed per property in the commercial zones
and is not counted in the total square footage of permanent signage
allowed on the site. Temporary freestanding signs may be up to thirty-two
(32) square feet in area. Extensions into the right-of-way are prohibited.
A temporary freestanding sign may be displayed no longer than ninety
(90) days.
(Ordinance O-02-2020, sec. 13-1800,
adopted 3/23/2020; 1997 Code,
sec. 154.101)
General standards and sign features: The standards for off-premises
commercial advertising signs in commercial and industrial zones are
as follows. All such signs must conform to the regulations of this
section.
(1)
Freestanding
signs shall not exceed a height greater than fifteen (15) feet above
the street upon which the sign faces.
(2)
The
maximum square footage shall not exceed twenty-five (25) square feet.
(3)
Off-premises
advertising signs may be displayed no longer than one hundred and
eighty (180) days without a separate permit.
(4)
The
property owner must give written consent to display the sign.
(5)
Off-premises
commercial advertising signs must comply with state department of
transportation right-of-way regulations.
(6)
Electrical
or mechanical signs are not permitted.
(7)
Permit
is required.
(8)
A
"City of Jacksboro" permit sticker with expiration date is required
on all off-premises signs (8-1/2" x 5-1/2" to be placed in the bottom
right-hand corner).
(Ordinance O-02-2020, sec. 13-1900,
adopted 3/23/2020; 1997 Code,
sec. 154.102)
(a)
In
the office, professional, commercial and industrial zones, electronic
message centers (EMCs) are permitted in accordance with the sign areas
noted in table 2 or table 3 respectively.
(b)
Additional general EMC regulations.
(1)
An EMC sign may be a portion of a building sign or freestanding sign,
or may comprise the entire sign area.
(c)
EMC regulations by zone.
(1)
In residential zones, EMC signs are permitted only in certain circumstances by special exception in accordance with section 16(G) [section 9.03.265(f)] of this code. They are otherwise prohibited in residential zones.
(2)
In residential zones, where permitted, EMC signs shall have a minimum
display time of twelve (12) seconds. The transition time between messages
and/or message frames is limited to one (1) second.
(3)
In residential zones, where permitted, the following EMC display
features and functions are prohibited: scrolling, traveling, flashing,
spinning, rotating, fade, dissolve, any other moving effects, and
all dynamic frame effects or patterns of illusionary movement or simulated
movement.
(4)
In office and professional zones, EMC signs shall have a minimum
display time of eight (8) seconds. The transition time between messages
and/or message frames is limited to three (3) seconds and these transitions
may employ fade, dissolve, and/or other transition effects.
(5)
In office and professional zones, the following EMC display features
and functions are prohibited: continuous scrolling and/or traveling,
flashing, spinning, rotating, and similar moving effects, and all
dynamic frame effects or patterns of illusionary movement or simulating
movement.
(6)
In commercial and industrial zones, all EMC display features and
functions are permitted, with the exception of (a) flashing, which
is prohibited, and (b) full motion video or film display via an electronic
file imported into the EMC software or streamed in real time into
the EMC. Full motion video as described shall be permitted by special
exception only.
|
Clarification notes:
| |
|
1.
|
Electronic message center control and code enforcement
issues have become a matter of great interest at the municipal level
across the United States. This interest has been spurred primarily
by the availability of EMC technology, its increasing quality, and
the interest of sign owners/end users in utilizing the technology.
|
|
2.
|
Most EMC signs installed today are illuminated via LEDs,
or light emitting diodes. LEDs are the current industry standard for
the illumination of EMC signs, and it is likely that this will remain
so for the near future, until another technology is perfected that
is both tolerant to outdoor environmental conditions, sufficiently
bright, and cost effective. There may be other sources of illumination
in the near future, so the term EMC is intended to refer to any on-premises
sign that can display messages and change them at regular intervals
via a computer-controlled interface.
|
|
3.
|
From a legal and practical standpoint, experience indicates
that local control of EMC signs is preferred over an outright ban.
Some communities have attempted to implement a prohibition on EMC
signs, but it should be noted that there has been a heavy cost associated
with these types of bans -legal and administrative costs to the city
to defend such a ban; acrimony created within the community by the
denial of this new communication technology without a scientific or
traffic safety research basis; loss of the benefits created by enhanced
EMC communication. In addition, a substantial percentage of EMC signs
are installed at churches, municipal buildings, libraries, fire and
rescue facilities, hospitals and outpatient medical offices. Therefore,
a more prudent and balanced approach to EMC regulation based on sound
scientific principles may serve the local AHJ in both the long and
short terms.
|
|
4.
|
In regard to traffic safety issues and EMC signs, a
local city can rely on this statement to be true: up to this time,
research has shown no correlation between EMC signs and traffic accidents,
and EMC signs have not been found to be a distraction having impact
on the driving task or to cause unsafe driving behavior that causes
an accident in driver distraction studies. Some have offered opinions
and theories about EMC signs and so called distractions, but there
has been no direct scientific research on these distractions and EMC
signs. The term "distraction" in and of itself is a pejorative term,
suggesting a negative outcome or result. What research on motorist
behavior has shown is that drivers engage in a wide variety of activities
while operating a motor vehicle, and some for two (2) seconds or longer.
Some activities that drivers engage in have a positive effect on motorist
performance, even though the driver's eyes are away from the road.
Examples of this would be checking the rear view mirror, checking
the side mirrors, or checking the speedometer. Other activities that
drivers engage in have a demonstrated negative effect on motorist
performance -most notably cell phone use and texting while driving.
Finally, other activities appear to have no effect either way -positive
or negative -on driver performance, and EMC signs fall into this category.
Drivers look at EMC signs but their driving performance is not affected,
and that is why accident and driver distraction research fails to
show any correlation with EMC signs.
|
|
5.
|
All stakeholders agree that EMC lighting levels must be adjusted at night. In order for an EMC to be visible and legible during the day, the EMC sign must be energized or illuminated -it must have sufficient brightness to be seen while the sun is present. At night, however, EMC brightness must be adjusted to a much lower level, so that the sign is not over-bright and/or create glare so that a motorist cannot read the sign. Most EMC manufacturers have technology built into their products to accomplish this lighting level adjustment, typically using photocells and/or software timing controls. Section 9.03.270 coordinates with the general lighting standards of this code contained in section 9.03.271 (Sign illumination standard)s to insure that all EMCs have an appropriate lighting level at night, based on the needs of the motorist and traffic safety. This standard is a "luminance" standard, or an objective measurement and control of the actual brightness of the EMC sign, based on on-premises sign research.
|
|
6.
|
Section 9.03.270 provides regulations for "display time" on an EMC sign. Display time is sometimes also referred to as a "change rate," and is intended to describe the rate at which a message can be changed on the EMC display panel.
|
|
7.
|
EMC signs are capable of a wide range of dynamic message
and image presentations as well as visual effects including simple
scrolling or moving message effects to full video display. Since no
negative correlation between on-premises EMC signs and traffic safety
has been demonstrated by current research, any restriction on the
various operational capabilities of EMC signs are necessarily imposed
for aesthetic purposes only. In placing operational restrictions on
EMC sign use in residential and professional zones as an aesthetic
consideration, this model accepts the premises that these zones are
not normally commercially active, and do not require the more visually
dynamic forms of on premises communication necessary for the rapid
transfer of commercial speech in commercial and/or industrial zones.
|
|
Since neither an aesthetic nor traffic safety justification
can be advanced for placing similar restrictions on the dynamic operational
capabilities of EMC signs in commercial and/or industrial zones, the
model -except for prohibition of flashing and provision that video
display be subject to special exception -places no specific prohibitions
on EMC operational usage in those zones. The city, however, in assessing
local conditions involving community aesthetic considerations, may
place specific usage restrictions as it determines to be appropriate,
or, as the model suggests regarding video usage, make certain operational
usage features of EMC signs within its jurisdiction are subject to
special exception.
| |
|
The prohibition on EMC video display is intended to
cover the display of videos, films, motion video clips, and streaming
video images that are not a part of the standard EMC software. It
is not intended to prohibit the use of standard effects that are a
part of the EMC software capabilities, which sometimes can be confused
with actual video. These permitted effects are generally shown in
the background of a message (flag waving, leaves falling, clouds passing)
and are not the primary EMC content or message, but merely a design
element intended to complement the primary communication. Each city
may make a determination in regard to zones where EMC video
| |
|
capabilities enhance the character of the zone, and
where they may be prohibited, based on local conditions.
| |
(Ordinance O-02-2020, sec. 13-2000,
adopted 3/23/2020; 1997 Code,
sec. 154.103)
Signs may be illuminated consistent with the following standards:
(1)
A
sign in any district may be illuminated at night. Signs that are illuminated
at night may not exceed a maximum luminance level of seven hundred
fifty (750) cd/m² or nits, regardless of the method of illumination.
(2)
Signs
that have external illumination, whether the lighting is mounted above
or below the sign face or panel, shall have lighting fixtures or luminaires
that are fully shielded.
(3)
All
illuminated signs must comply with the maximum luminance level of
seven hundred fifty (750) cd/m² or nits at least one-half hour
before apparent sunset, as determined by the National Oceanic and
Atmospheric Administration (NOAA), U.S. Department of Commerce, for
the specific geographic location and date. All illuminated signs must
comply with this maximum luminance level throughout the night, if
the sign is energized, until apparent sunrise, as determined by the
NOAA, at which time the sign may resume luminance levels appropriate
for daylight conditions, when required or appropriate.
(4)
On-premises
signs do not constitute a form of outdoor lighting at night, and are
exempt from any other outdoor lighting regulations that the city has
adopted, or will adopt in the future.
|
Clarification notes: The intent of these sign illumination
provisions is to set a clear and uniform lighting level for illuminated
on-premises signs at night based upon research, the needs of the motorist,
and traffic safety. This lighting level standard is simple and easy
to understand. Experience has shown that outdoor lighting and illumination
regulations can often become very complicated and use concepts and
terms that even professionals do not fully understand. The goal of
this model code is to help create enforceable standards that require
a minimum of administrative resources, yet can be applied uniformly.
|
|
The lighting standard provided controls the actual brightness
of the sign, or luminance of the sign -of the sign face, the sign
letters, the sign panel etc. This standard is based on existing on-premises
sign research. The correct lighting level at night for an on-premises
sign has been confirmed, both in a test track setting and in real
world environments. The maximum luminance level noted by the model
will insure that signs have sufficient brightness at night so that
they can be detected and read by motorists at night in the interests
of traffic safety.
|
|
The luminance standard also provides flexibility to
both manufacturers and cities. The luminance of a sign can be determined
at the place of manufacture prior to installation or in the field
after the sign is installed. If multiple signs of the same design
and manufacture are installed, then only one (1) sign needs to be
measured as the representative sample, thereby conserving resources.
|
|
This model code strongly recommends that other light
measurement methods be avoided in regard to on-premises signs (for
instance, an illuminance standard, or including ambient lighting conditions
as a part of a complicated formula), because these methods do not
account for true sign brightness which, in regard to traffic safety,
is the primary determinant as to whether a sign is visible and legible
to the motorist.
|
|
It should also be noted that research has shown that
on-premises signs are not a factor in creating so-called light trespass
or light spillage conditions. Regulators often confuse the fact that
an on-premises sign can be seen from a distance at night with light
trespass.
|
|
Instead, on-premises signs can be detected from a distance
because they have proper sign brightness or luminance at night, and
not because they project a great deal of unnecessary lighting to surrounding
areas. This model code suggests that a light trespass measurement
method, aimed at sign illuminance, may result in a more confusing
and complicated regulatory scheme and may compromise public safety.
|
(Ordinance O-02-2020, sec. 13-2100,
adopted 3/23/2020; 1997 Code,
sec. 154.104)
Clarification notes: The purpose of regulations related
to nonconforming signs is to insure that existing signs installed
by valid permit that are made nonconforming by adoption of any new
sign code may continue and that the new sign regulations will not
cause unnecessary burdens. The owner of a sign with a valid permit
has a legitimate expectation that the sign can be used for the period
of its useful life. The extinguishment of nonconforming signs is sometimes
goal at the local city level, under the theory that these signs are
"regulatory nuisances." A favorable outcome for all stakeholders in
regard to the treatment of nonconforming signs is most often achieved
when all the interested parties are included in the process.
The intent of these regulations is not to force all
signs to be immediately brought into conformance with current regulations;
instead, the intent is to gradually bring existing signs into conformance.
Most sign codes contain provisions for nonconforming signs.
The degree to which a sign code can extinguish nonconforming
signs is also controlled by individual state law, and particular attention
should be given to these rules.
(a)
Nonconforming
permanent signs may continue to exist after passage of this code.
Nonconforming signs will be removed and changed in accordance with
the provisions of this code.
(b)
Permanent
signs and sign structures that are moved, removed, replaced, or structurally
altered must be brought into conformance with the sign regulations.
However, nonconforming signs required to be moved because of public
right-of-way improvements may be re-established. Removable faces or
sign panel inserts in a cabinet style sign may also be changed by
right, and such change does not constitute a structural alteration
nor trigger loss of nonconforming status.
(c)
Nonconforming
temporary signs must be removed within two (2) months of the passage
of this code.
(d)
Ownership.
The status of a nonconforming sign is not
affected by changes in ownership.
(e)
Once
a sign is altered to conform or is replaced with a conforming sign,
the nonconforming rights for that sign are lost and a nonconforming
sign may not be re-established.
(f)
Loss of nonconforming sign status.
(1)
Discontinuance.
See definition of abandoned sign.
(2)
Destruction.
When a sign or sign structure is removed
or intentionally destroyed, replacement signs and sign structures
must comply with the current standards. However:
(A)
Repair and maintenance.
A nonconforming sign or sign
structure may be removed temporarily to perform sign maintenance or
sign repair.
(B)
Unintentional destruction.
When a sign or sign structure
that has nonconforming elements is partially or totally damaged by
fire or other causes beyond the control of the owner, the sign and
sign structure may be rebuilt to the same size and height using the
same materials.
(Ordinance O-02-2020, sec. 13-2200,
adopted 3/23/2020; 1997 Code,
sec. 154.105)
(a)
All
on-premises electric signs, outline lighting systems and skeleton
neon lighting systems shall be manufactured and installed in compliance
with NFPA 70, the National Electrical Code (NEC).
(b)
The
listing label number for all signs shall be provided on the sign permit
application, or, if the sign has not been manufactured yet, through
Nationally Recognized Testing Laboratory (NRTL) validation: A NRTL
file number from the sign manufacturer shall be provided for all electric
signs on the sign permit application.
|
Clarification notes: Sign manufacturers may not pre-assign
labels before manufacture. Labels are serialized and would require
the municipality to call the listing company and verify it with the
NRTL. If the manufacturer's NRTL is on file, the municipality can
generally access the most current information on-line, or require
follow-up from the sign manufacturer. The primary purpose of this
section is to insure that sign manufacturers build, list and label
their electrical signs to comply with national electrical and fire
safety codes in the interest of public safety.
|
(c)
The
code officer shall have the authority to immediately remove any sign
that is not in conformance with this section, or to have said sign
removed, at the owner's expense.
(Ordinance O-02-2020, sec. 13-2300,
adopted 3/23/2020; 1997 Code,
sec. 154.106)
(a)
Structural standards.
(1)
Signs, sign structures, sign foundations and methods to attach and
anchor signs must be designed and constructed in accordance with applicable
provisions of the building code adopted by the city. All signs and
their foundations and attachments must be designed for the appropriate
dead, wind and snow loads for the geographic area in question.
(2)
The supports and foundations used in construction for all signs and
sign structures must be located outside of any rights-of-way.
(3)
Welds of sign structures and sections of sign structures must be
welded in accordance with the building code.
(b)
Engineering standards.
(1)
Signs, sign structures, sign foundations and anchorages to a building
must be individually designed in accordance with the building code
and the provisions of this sign code.
(2)
When the building code of the city, or any building code enacted
after the passage of this sign code, calls for sealed sign design
construction plans to be submitted as a part of any sign permit application,
this requirement is not compulsory as it relates to on-premises signs
regulated under this sign code.
|
Clarification notes: Some state and local jurisdictions
have interpreted certain language in the International Code Council's
International Building Code (IBC) in regard to construction documents
and construction permit applications to require so-called "sealed"
sign designs or plans as a part of the routine sign permit application
process. This reading is not entirely accurate, and has caused confusion
and inefficiencies, without increasing public safety or increasing
the quality of sign construction.
|
|
In general, enforcement of local building code regulations
and sign code electrical regulations will insure that standard on-premises
signs are properly installed and that public safety is protected.
Requirement of a sealed plan for a simple wall sign or low mounted
monument sign or for types of sign projects that are repetitively
installed using the same installation system does not add to the value
of the sign nor change how the signs will be mounted nor automatically
increase public safety. The sign installer is generally the expert
in these areas, and will install the sign in the appropriate manner
based on already established methods and industry accepted procedures.
|
|
There will be sign projects, however, that are of such
size and scope that cities may want to require the services of a licensed
engineer in order to confirm that the sign installation details are
correct for site and geographic conditions.
|
|
The criteria to determine when sealed plans are required
will vary from locality to locality, and the city therefore will create
its own set of rules for engineering requirements. The intent of this
section on engineering standards is to create a mechanism to determine
when sealed sign plans are required and when they are not. The requirement
for sealed plans will be triggered when the sign project achieves
such scope as determined by the city that the services of an engineer
or architect will insure the city that proper engineering principles
are being applied.
|
(c)
Clearances.
(1)
Vision clearance areas.
Vision clearance areas are triangular
shaped areas located at the intersection of any combination of rights-of-way,
alleys or driveways. The sides of the triangle extend thirty (30)
feet from the intersection of the right-of-way, alley or driveway
in either/each direction. No sign may be installed within this clear
sight triangle.
(2)
Vehicle area clearances.
In areas outside of rights-of-way,
when a sign or awning extends over an area in which vehicles travel
or are parked, the bottom of the structure must be at least fourteen
(14) feet above the ground. Vehicle areas include driveways, alleys,
parking areas, and loading and maneuvering areas.
(3)
Pedestrian area clearances.
When a sign or awning extends
more than twelve (12) inches over a sidewalk, walkway, or other space
used by pedestrians, the bottom of the structure must be at least
eight (8) feet above the ground.
(4)
Clearances from fire escapes, means of egress or standpipes.
Signs, sign structures and awnings are prohibited from being
erected in any manner that interferes in any way with the free use
of any fire escape, means of egress or standpipe. Attaching signs,
sign structures or awnings to a fire escape is prohibited.
(5)
Obstruction of windows and ventilation.
Signs, sign
structures and awnings are prohibited from being installed in any
way that obstructs any building openings to such an extent that light,
ventilation or exhaust are reduced to a level below that required
by either the building code, plumbing regulations, heating and ventilating
regulations or housing and maintenance regulations.
(Ordinance O-02-2020, sec. 13-2400,
adopted 3/23/2020; 1997 Code,
sec. 154.107)
(a)
Signs,
sign structures and awnings, together with their supports, braces,
guys, anchors and electrical components must be maintained in a proper
state of repair. The code officer may order the removal of any sign,
sign structure or awning that is not maintained in accordance to this
code.
(b)
Dangerous structures and equipment.
(1)
Signs, sign structures or awnings that are dangerous must be taken
down and removed or made safe as the code officer or building official
deems necessary. Signs may be deemed dangerous for one or more of
the following reasons:
(A)
Whenever a sign structure or its foundation, a sign's attachments
to a building, or a building to which a sign is attached is damaged
by fire, earthquake, wind, flood or by any other cause, to such an
extent that the structural strength or stability is materially less
than it was before the catastrophe and is less than the minimum requirements
of the building code;
(B)
Whenever any portion or member of a sign, sign structure or awning
is likely to fail, or become detached or dislodged, or to collapse
and thereby injure persons or property;
(C)
Whenever any portion or member of a sign, sign structure or awning
is likely to partially or completely collapse as a result of any cause,
including, dilapidation, deterioration, or decay; faulty construction
or wiring; or removal, movement or instability of any portion of the
ground or building necessary for supporting such structure;
(D)
Whenever a sign, sign structure or awning is structurally or electrically
unsafe or otherwise hazardous to human life or safety by reason of
inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster,
damage or abandonment.
(2)
All signs, sign structures and awnings determined after inspection
by the code officer to be dangerous must be abated by repair, rehabilitation,
demolition or removal.
|
Clarification notes: This model code includes a listing
of supplementary sections, intended as a general reference, that appear
in most sign codes. These regulations are procedural in nature. Most
cities include these provisions, and they should be crafted to local
standards and in accordance with state law in the applicable jurisdiction.
They are included here as a convenience to the local city.
|
(Ordinance O-02-2020, sec. 13-2500,
adopted 3/23/2020; 1997 Code,
sec. 154.108)
 |
(Ordinance O-02-2020, art. 13, app.
B, adopted 3/23/2020; 1997 Code,
ch. 154, app. B)
