The provisions of this article shall apply to all signs, as
the term is defined herein, within the corporate limits of the city.
(Ordinance 2020-02 adopted 3/17/20)
(a) Purpose.
The purpose of this section is to provide uniform
sign standards which promote the safety of persons and property, provide
for the efficient transfer of information in sign messages, and protect
the public welfare by enhancing the appearance and economic value
of the landscape. The objectives to be pursued in applying specific
standards are as follows:
(1) Safety.
To promote the safety of persons and property
by providing that signs:
(A) Do not create traffic hazards by confusing or distracting motorists,
or by impairing the driver’s ability to see pedestrians, obstacles,
or other vehicles, or to read traffic signs; and
(B) Do not create a hazard due to collapse, fire, collision, decay, or
abandonment.
(b) Communications efficiency.
To promote the efficient
transfer of information in sign messages by providing that:
(1) Businesses and services may identify themselves;
(2) Customers and other persons may locate a business or service;
(3) No person or group is arbitrarily denied the use of the sight lines
from the public right-of-way for communication purposes; and
(4) Persons exposed to signs are not so overwhelmed by the number of
messages presented that they cannot (see) the information they seek,
and are able to observe or ignore messages, according to the observer’s
purpose.
(c) Landscape quality and preservation.
To protect the public
welfare and to enhance the appearance and economic value of the landscape
by providing that signs:
(1) Do not interfere with scenic views;
(2) Do not create a nuisance to persons using the public rights-of-way;
(3) Do not constitute a nuisance to occupancy of adjacent and contiguous
property by their brightness, size, height, or movement; and
(4) Are not detrimental to land or property values.
(d) Computation.
(1) Computation of area of individual signs.
The area of
a sign face (which is also the sign area of a wall sign or other sign
with only one face) shall be computed by means of the smallest square,
circle, rectangle, triangle, or combination thereof, that will encompass
the extreme limits of the writing, representation, emblem, or other
display, together with any material or color forming an integral part
of the background of the display or used to differentiate the sign
from the backdrop or structure against which it is placed, but not
including any supporting framework, bracing, or decorative fence or
wall when such fence or wall otherwise meets zoning ordinance regulations
and is clearly incidental to the display itself.
(2) Computation of area of multifaced signs.
The sign area
for a sign with more than one face shall be computed by adding together
the area of all sign faces visible from any one point. When two identical
sign faces are placed back to back, so that both faces cannot be viewed
from any point at the same time, and when such sign faces are part
of the same sign structure and are not more than 42 inches apart,
the sign area shall be computed by the measurement of one of the faces.
(3) Computation of height.
The height of a sign shall be
computed as the distance from the base of the sign at normal grade
to the top of the highest attached component of the sign. Normal grade
shall be construed to be the lower of: (1) existing grade prior to
construction; or (2) the newly established grade after construction,
exclusive of any filling, berming, bounding, or excavating solely
for the purpose of locating the sign. In cases in which the normal
grade cannot reasonably be determined, sign height shall be computed
on the assumption that the elevation of the normal grade at the base
of the sign is equal to the elevation of the nearest point of the
top of a curb of a public street or the grade of the land at the principal
structure on the zone lot, whichever is lower.
(4) Computation of maximum total permitted sign area for a zone lot.
The permitted sum of the area of all individual signs on a zone
lot shall be computed by applying the maximum total sign area, to
the lot frontage, building frontage, or wall area, as appropriate,
for the zoning district in which the lot is located. Lots fronting
on two or more streets are allowed the permitted sign area for each
street frontage, with signs facing a maximum of two streets. However,
the total sign area that is oriented toward a particular street may
not exceed the portion of the lot’s total sign allocation that
is derived from the lot, building, or wall area frontage on that street.
(Ordinance 2020-02 adopted 3/17/20)
Words and phrases used in this article shall have the meanings set forth in this section. Words and phrases not defined in this section but defined in the zoning ordinance shall be given the meanings set forth in the zoning ordinance. Principles for computing sign area and sign height are contained in section
3.08.002(d). All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this article.
Abandoned sign.
A sign that advertises or directs persons to any business,
commercial transaction or activity, goods, products, or services there
were once, but are no longer, offered, available or located at the
advertised premises.
Animated sign.
A sign designed or programmed so as to seem alive and moving
employing visible moving parts, changing images and/or changing colors.
This includes televisions, projector screens, computer monitors of
all types and sizes and/or mechanically, physically moving parts.
Billboard.
Any sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than
on the premises where such sign appears. If such business, commodity,
service, or entertainment is merely incidental to the use of such
property where such sign appears, such sign shall be deemed a billboard.
Business establishment.
A project or undertaking which involves the use of any property,
building or structure, permanent or temporary, for the primary purpose
of conducting on said property a legitimate commercial enterprise,
or other nonresidential use, in compliance with all ordinances and
regulations of the city. Multiple services and/or goods offered by
a business establishment shall be considered one business establishment
for the purposes of this subsection.
Business frontage.
The linear measurement of the side of the building which
contains the primary entrance of the building.
Canopy sign.
Any sign that is a part of or attached to an awning, canopy,
or other fabric, plastic, or structural protective cover over a door,
entrance, window, or outdoor service area. A marquee is not a canopy.
Community sign.
A sign on which the sign area is shared by two or more businesses.
Digital signage.
A form of electronic display that shows programming, information,
advertising and other messages. Digital signage may have a change
of advertising no less than once every six seconds.
Flag.
A cloth flown as an emblem, often rectangular and flown from
a pole, carrying a distinctive design and used as an emblem or for
signaling.
Flag banners.
Any flag banner (teardrop flags, feather flags) made of cloth,
canvas, plastic or other flexible material, with or without a frame
or other supporting structure, that moves or is designed or intended
to move or blow in the wind.
Flagpole.
A freestanding structure permanently mounted on the ground
and designed and constructed for the purpose of having flags.
Garage sale.
The sale of items which a resident or group of residents
wish to dispose of at discount prices, conducted from a garage and/or
yard, and which items offered for sale are used or discarded by or
from those residents offering them for sale.
Glare.
Emitted light which exceeds 60 footcandles.
Grand opening.
The formal offering by a new business of its goods, wares,
merchandise, service, entertainment, or activity.
Identification sign.
Any sign which carries only the firm, business, or corporate
name, the major enterprise on the premises, or the principal products
offered for sale on the premises.
Integrated business development.
A development consisting of two or more interrelated business
establishments using common driveways and onsite parking facilities,
including, but not limited to, shopping centers, office complexes,
office buildings, and business parks.
Monument sign.
Any sign five feet or less from the natural ground level
to the top of the sign.
Multifaced sign.
A single sign with two or more faces which are not parallel
or back-to-back.
New business.
A project or undertaking which involves the use of any property,
building, or structure, permanent or temporary, for the primary purpose
of conducting in said building or structure or on said property a
legitimate commercial enterprise, or other nonresidential use, in
compliance with all ordinances and regulations of the city, and when
such project or undertaking is new to the premises. Provided, however,
a change in ownership of at least 50 percent of an ongoing project
or undertaking shall constitute a new business for the purposes herein
and, provided further, expansion of an existing building or structure
shall constitute a new business if such expansion increases the size
of the area devoted to the primary use, in building floor square footage,
by not less than 50 percent.
Nonadvertising sign.
Any sign posted on private property containing thereon a
regulatory or warning notice and upon which no advertising matter
is displayed.
Obsolete sign.
A sign relating to a business which has closed or moved away
and it shall be deemed obsolete.
Office complex.
One or more commercial buildings with multiple businesses
providing services and not delivering products directly to customers
and consisting of two or more tenants using common driveways.
Open house.
A designated period of time during which a property is open
for viewing by prospective purchasers.
Pole banner.
A portable banner not attached to a building that spins or
flutters when contacted by air current (which includes tear drop and
feather flags).
Portable sign.
Any sign designed or constructed to be easily moved from
one location to another, including signs mounted upon or designed
to be mounted upon a trailer, wheeled carrier, or other nonmotorized
mobile structure. A portable sign which has its wheels removed shall
still be considered a portable sign hereunder.
Projecting sign.
Any sign which is affixed or attached to, and is supported
solely by a building, wall, or like structure, which extends beyond
the building, wall, or like structure, or parts thereof, more than
18 inches and whose angle of incidence to said building, wall, structure,
or parts thereof, is greater than 30 degrees.
Public service sign.
A sign which provides a service or message to the public,
such as time, temperature, and charity appeals.
Reader panel.
A permanently constructed changeable copy bulletin board
lighted or unlighted with detachable precut letters and figures.
Roofline.
The height above finished grade of the upper beam, rafter,
ridge, or purlin of any building.
Shopping center identification sign.
A freestanding sign structure containing the name identifying
an integrated business development which may also include identification
signs on which the names and nature of businesses within the development
are uniformly displayed.
Sign.
Any structure, part thereof, or device or inscription which
is located upon, attached to, or painted or represented on any land,
or on the outside of any building or structure, or on an awning, canopy
marquee, or similar appendage, or permanently affixed to the glass
on the outside of the building or structure, and which displays or
includes any numeral, letter, word, model, banner, emblem, insignia,
symbol, device, monogram, heraldry, trademark, light, or other representation
used as or in the nature of an announcement, advertisement, attention
arrester, direction, warning, or designation of any person, firm,
group, organization, corporation, association, place, commodity, product,
service, business, profession, enterprise, industry, activity, or
any combination thereof, where the word “sign” is used
herein without further modification, the same shall be understood
to embrace all regulated signs and replicas.
Sign area.
The total square footage of all sign facing, including that
portion of the supporting structure or trim which carries any wording,
symbols, identifying color, or pictures; provided, however, in the
case of double-faced signs, only one face shall be computed to determine
sign area.
Sign facing or surface.
The surface of any sign upon, against, or through which the
message is displayed or illustrated; provided, however, for signs
in which the words, letters, or symbols are independently mounted,
the sign surface shall mean the outside dimensions of the area containing
all of the individual words, letters, and symbols.
Snipe sign.
A sign which is tacked, nailed, posted, pasted, glued, or
otherwise attached to trees, stakes, fences or other like objects,
the advertising matter of which is not applicable to the present use
of the premises on which the sign is located.
Spectacular sign.
A sign that has one or more of the following elements in
its physical structure:
(1)
Automatically changing advertising that changes more often than
once every six seconds (not including date, time and temperature);
(2)
Blinking, rotating, moving, chasing, flashing, glaring, strobe,
scintillating or spotlights, or similar devices;
(3)
Lights or colored elements creating moving, shimmering or prismatic
effect; (video/electronic); or
(4)
Rotating or moving parts.
Spinners and pennants.
Any sign, display or attention-seeking device (that is not
a flag) with spins or flutters when contacted by air currents but
is not propelled by a mechanical fan, or which makes noise when spinning.
Balloons are also included in this definition if they flutter or move
with air currents but are not attached to a building.
Temporary sign.
Any sign constructed of cloth, canvass, light fabric, cardboard,
wallboard, or other light materials with short life expectancies.
A portable sign shall not be considered a temporary sign.
Visibility triangle.
The triangular area adjacent to the intersection of any public
street or public alley within which sight lines are maintained for
vehicular traffic. The triangle is established by measuring a distance
of 25 feet from the extended curb to edge of pavement of the street
or alley. A straight line connecting the ends of each measured distance
that forms the hypotenuse shall establish the visibility triangle.
Wall sign.
All flat signs, either of solid face construction or individual
letters, symbols, or pictures, which are placed against the exterior
wall of any building or structure and extending not more than 18 inches
from the face of such building or structure, parallel to the building
or structure, and having the advertisement on one face only.
(Ordinance 2020-02 adopted 3/17/20)
It shall be unlawful for any person to erect, structurally alter,
or relocate within the city any sign without first satisfying the
requirements of this section.
(1) Sign permits.
It shall be unlawful for any person, unless
provided otherwise in this article, to erect, place, rebuild, reconstruct,
or move any sign within the city without first obtaining a sign permit.
(A) Application:
All applications for sign permits shall
be accompanied by a plan or plans drawn to scale which shall include
the following:
(i) The dimensions of the sign and, where applicable, the dimensions
of the wall surface of the building to which it is to be attached.
(ii)
The dimensions of the sign’s supporting members.
(iii)
The maximum and minimum height of the sign.
(iv)
The proposed location of the sign in relation to the face of
the building in front of which or above which it is to be erected.
(v) The proposed location of the sign in relation to the boundaries of
the lot upon which it is to be situated.
(vi)
The location of all electrical transmission lines within 30
feet to any part of such proposed sign structure.
(B) Issuance:
(i) Upon the filing of an application for a sign permit, the plans, specifications,
and other data shall be examined by the building inspector. If it
appears that such proposed sign is in compliance with the requirements
of this article and other laws of the city, the building inspector
shall issue the applicant a sign permit.
(ii)
If the work authorized by a permit has not been commenced within
sixty (60) days after the date of issuance, the permit shall become
null and void. Permits can be extended one time only or an additional
60 days in accordance with the building code provided the permit holder
requests an extension of time form the building inspector in writing
prior to the date of expiration of the permit.
(iii)
Upon completion of the construction of the sign, the building
inspector shall inspect the sign to determine if it is in conformity
with the specifications approved at the time the sign permit was granted.
(2) Pre-existing signs:
Signs complying with article XVI, chapter
14, exhibit A, zoning ordinance shall be considered and deemed as lawfully existing nonconforming structures and may be continued as such [sic]. Notwithstanding the foregoing, the person or entity holding the sign use permit for any such lawfully existing nonconforming sign shall be required to acquire a validation sticker for such sign and otherwise comply with this article relating to nonconforming signs and sign structures.
(3) Exceptions.
A permit shall not be required for the following:
(A) The changing of the advertising copy or message of a painted sign.
(B) The changing of the advertising message or copy of an electric sign,
if such electric sign is specifically designed for the use of replaceable
copy.
(C) The electrical, repainting, or cleaning maintenance of a sign.
(D) The repair of a sign that is less than 50 percent deteriorated or
damaged.
(E) One open house sign on the premises.
(F) Contractor and real estate signs not exceeding six square feet in
sign area.
(G) Signs painted directly on glass windows or doors that do not cover
more than 50 percent of the glass surface.
(H) A sign not over 32 square feet in area setting forth information
concerning a building or other structure under repair or construction
or advertising the sale or rental of the premises.
(4) Stop orders.
The issuance of a sign permit or a validation
sticker shall not constitute a waiver of this article or other ordinances
of the city. The building inspector is authorized to issue stop orders
for any sign which is being constructed or used in violation of this
article or any other ordinance of the city.
(Ordinance 2020-02 adopted 3/17/20)
(a) The
following signs or types of signs are prohibited:
(2) Signs which advertise or otherwise direct attention to a product,
service, activity, person, institution, or business which no longer
occupies or is conducted, sold, manufactured, produced, or offered
upon the premises where the sign is displayed.
(3) Signs which move or contain visible moving parts (animated and/or
spectacular are examples); provided, however, the provisions of this
subsection shall not prohibit time and temperature components of permitted
monument signs which are not otherwise intended as an attention getting
device or barber poles of traditional design not to exceed 20 inches
high which revolve during the time a barbershop is open for business.
(4) Signs which contain statements, words, or pictures of an obscene,
indecent, or immoral nature which offend public morals or decency.
(5) Signs which interfere with, obstruct the view of, or may be confused
with any authorized traffic sign, signal, or device.
(6) Portable or wheeled signs.
(7) Spectacular signs or any sign that mimics car headlights, emergency
vehicle lights or sounds, or has a glaring, strobe effect.
(8) Signs attached to or located upon exposed amenities such as benches,
trash containers, fences, trees, shrubs, and the like; provided, however,
information about the manufacturer or distributor of benches and trash
containers may be placed on their products not to exceed ten percent
of one surface of the bench or trash container.
(9) Signs placed on the rear of any building except for identification
nameplates or signs on a commercial or industrial establishment not
exceeding two square feet in area and located near and for the purpose
of identifying delivery entrances and authorized parking areas.
(10) Reader panel signs or those with runners, slots, or tracks in or
on which changeable letters and numerals can be mounted, provided,
however, that such signs shall be permitted if totally encased to
prevent tampering.
(11) Garage sale signs are prohibited anywhere other than the premises
of the event. The sign may be erected one (1) day prior of the event
and must be removed within 24 hours of the end of the garage sale.
(13) It shall be unlawful for any person to erect, alter, or relocate
any energized/animated sign within the city.
(14) Signs or murals that are painted directly on a wall, roof, or fence.
For purposes of this prohibition, paint shall include any medium,
including paint or other dyes, applied to walls, roofs, or fences,
with the intention of the application being permanent.
(b) Hazards.
(1) It shall be unlawful for any person to erect, structurally alter,
or relocate any sign in such a manner as to obstruct or in all probability
cause to obstruct:
(D) Escape from a building; or
(E) Free passage from one part of a roof to any other part thereof.
(2) It shall be unlawful for any person to attach any sign to an exterior
stairway, fire escape, fire tower, or balcony serving as a horizontal
exit.
(3) It shall be unlawful for any person to erect, structurally alter,
or relocate a sign in such a manner that all or any portion of such
sign or its supporting structure will interfere in any way with the
free use of any fire escape, exit, or standpipe, or obstruct any required
ventilator, door or stairway.
(4) Any cloth sign or banner that is attached to a building shall be
flameproof.
(5) The city’s building official, or his duly qualified representative,
shall be the sole judge of a violation under this subsection.
(6) Any neon sign or signage shall be inspected by the city code official,
or his duly qualified representative.
(c) Traffic hazards.
(1) It shall be unlawful for any person to erect, structurally alter,
or relocate a sign in such a manner as to constitute a hazard to pedestrian
or vehicular traffic, or in such a manner as to obstruct free and
clear vision, regardless of location, by reason of the position, shape,
color, or movement which may interfere with, obstruct the view of,
or be confused with any authorized traffic sign, signal or device.
Nor shall such sign make use of any word, phrase, symbol, or character
in such a manner as to interfere with, mislead, or confuse vehicular
or pedestrian traffic.
(2) The building official of the city, or a duly-qualified representative,
shall enforce said laws.
(d) Illumination of signs.
(1) It shall be unlawful for any person to erect, structurally alter,
relocate, or maintain any sign which creates glare upon a public street,
sidewalk, or adjacent residential property.
(2) Non-energized signs may be illuminated from an independent artificial
source provided such illumination is concentrated upon the area of
the sign only, and does not cause glare upon any street, alley, driveway,
parking area, or adjacent residential property.
(Ordinance 2020-02 adopted 3/17/20; Ordinance
2023-02 adopted 3/20/2023)
(a) Temporary signs.
Certain temporary signs in residential
and suburban districts shall be permitted.
(1) Real estate signs for single-family units or vacant lots in platted
subdivisions:
(A) One temporary on-premises sign not exceeding six square feet shall
be permitted for each single-family dwelling unit or vacant lot in
a platted subdivision in order to give information concerning leasing,
renting, or selling of such while such dwelling or lot is actually
available for lease, rent, or sale. No permit shall be required for
the erection of temporary real estate signs under this subsection.
(B) Such temporary sign may be located anywhere on the premises, provided
that such sign shall not project beyond the property line and shall
not have a height of more than five feet over the natural ground level.
(2) Vacant land sales.
(A) A temporary monument sign or signs shall be permitted for each tract
or parcel of land in residential and suburban districts, other than
subdivided residential lots, in order to give information concerning
leasing, renting, or selling of such property.
(B) Such temporary signs may be located anywhere on the tract or parcel,
provided they are set back a minimum of ten feet from any street frontage
and a minimum of 200 feet from street intersections. Provided, however,
that parcels qualifying by size for two signs may erect a maximum
of one sign at the intersection of two streets and further provided
that each tract shall be permitted at least one sign. One temporary
sign not to exceed 32 square feet in area shall be allowed on each
street frontage of a ten-acre or larger tract of land not to exceed
a total of two signs. Tracts of land under ten acres in size shall
be permitted one sign not to exceed 32 square feet in area.
(3) Contractor identification signs.
One temporary on-premises
sign of a size not to exceed six square feet shall be allowed for
each contractor only during the period that the contractor is engaged
in active construction, repair, or maintenance of the premises. Such
temporary sign may be located anywhere on the premises, provided that
such sign may not project beyond the property line and shall not have
a height greater than five feet above the average finished grade.
No permit shall be required for the erection of such sign.
(4) Subdivision signage.
Temporary signage shall be permitted
upon approval of a sign plan for a residential subdivision. Sign plans
should provide a way for a developer to identify important areas in
the development and should contain high quality understated signs
that consolidate as many messages as possible in as few signs as possible.
Unless specifically prohibited, signs permitted under this subsection
may be combined or contain directional information for private community/recreational
facilities provided, however, that such a combination and/or addition
results in the erection of the same number or fewer signs than if
permitted separately. The guidelines which follow shall dictate the
size and location of residential subdivision signage. Signs shown
in the plan should conform to the following guidelines:
(A) Entrance signs.
(i)
Each homebuilder and developer in a subdivision shall be entitled
to a maximum of 16 square feet of space on one temporary monument
sign, such sign which shall not exceed a total 80 square feet, at
each major entrance to the residential subdivision. Provided, however,
that such sign for any subdivision wherein two or less homebuilders
or developers own all undeveloped lots therein shall not exceed 48
square feet. Further, each major entrance to each section of the subdivision
shall be allowed one monument sign of a maximum area of 32 square
feet to provide information about lot or home sales. However, in the
case when the major entrance to the subdivision is also a major entrance
to a section of the subdivision, that entrance shall be limited to
an 80 square foot sign, unless limited to a maximum of 48 square feet
as provided in this paragraph.
(ii)
Temporary signs authorized at subdivision entrances by the above
paragraph shall be removed when 80 percent of the total lots of the
subdivision have homes constructed thereon. The temporary signs permitted
at the major entrances of a section of the subdivision shall be removed
when 80 percent of the total lots in that section have homes constructed
thereon.
(B) Subdivision section directional signs.
Developers or
builders requesting subdivision section directional signs shall attach
to such sign permit application(s) a proposed plan for the location
of directional signs. Sign permits for directional signs shall be
approved if they meet the following criteria:
(i)
An active model home sales office site is located in subject
subdivision section.
(ii)
Generally, directions shall be provided from the entrance of
the subdivision nearest to the entrance of the section in which the
model home sales office sites are located. A more distant major entrance
will be allowed if it can be demonstrated that overall either fewer
signs shall be erected or there shall be less of an impact on adjoining
properties.
(iii)
Directional signs shall be approved at intersections where turns
onto different streets are necessary leading to the subdivision section.
In instances where no turns are involved but the distance from the
major entrance to the subdivision and the subdivision section is greater
than one mile, one directional sign shall be approved for each mile
of distance separating the two points. Such signs shall be located
to be equally spaced between the major subdivision entrance and the
subdivision section.
(iv)
Signs permitted herein shall not exceed eight square feet in
area, have a top height not to exceed 3-1/2 feet and a bottom height
not to exceed 1-1/2 feet.
(v)
Landscaping shall be provided to screen the rear of the sign
from view by the public. Such landscaping will be low maintenance
vegetation that does not require irrigation to survive.
(vi)
The copy of signs permitted herein shall be limited to one or
more of the following:
a.
The name of the subdivision;
b.
The name of the subdivision section;
c.
The distance to the subdivision section; and
d.
The direction to the subdivision section.
(vii)
Subdivision section directional signs permitted herein shall
be removed upon the expiration of the valid use of land or lots as
a model home sales office site in subject subdivision section.
(C) Permanent identification signs.
(i)
Single-family residential subdivisions.
Single-family
residential subdivisions are allowed permanent monument signs at each
major entrance to the subdivision. The total sign surface area at
each entrance shall not exceed 32 square feet. Subdivisions which
consist of more than one platted section are allowed an additional
16 square foot monument sign for each major entrance to each section
therein; however, in the case where the major entrance to the subdivision
is also a major entrance to a section of the subdivision, that entrance
shall be limited to a 32 square foot sign. Monument signs shall not
be located in the visibility triangle.
(ii)
Multiple dwelling complexes.
A townhouse, condominium,
or apartment complex is allowed one sign with a total surface area
not to exceed 24 square feet. The permitted sign may be a monument
sign or a wall sign. A monument sign shall be set back from any property
line by ten feet and shall not be located in the visibility triangle.
If a wall sign is erected, it shall be flush mounted and shall not
project above any wall.
(iii)
Private community/recreational facilities signage.
a.
Identification signs.
Each private community/recreational
facility located in a residential development is allowed a permanent
identification sign. If such facility is located within a subdivision
development the proposed identification signage shall be included
in the subdivision sign plan. Such signs shall be located on the site
of the facility being identified and shall consist of a sign no larger
than 48 square feet in area and no higher than five feet above average
finished grade. Additionally, wall signs of a size up to one-half
square foot per linear foot of facility frontage shall be permitted.
b.
Directional signs.
Private community/recreational
facilities located in residential subdivisions are allowed directional
monument signs no larger than 16 square feet which may be erected
in the subdivision to which it applies at intersections of major thoroughfares,
collector streets, and residential streets in order to provide directions
to the private community/recreational facilities. Such signs shall
only be erected at intersections of major thoroughfares, collector
streets and residential streets where turns onto different streets
are necessary in leading to the private community/recreational facilities.
The sign plan for a subdivision shall provide the fewest number of
signs necessary to provide directions from one or the nearest major
entrance of the subdivision to the residential streets on which private
community/recreational facilities are located.
(Ordinance 2020-02 adopted 3/17/20)
In commercial and industrial zoned districts on-premises signs
are allowed which comply with the provisions of this section.
(1) Temporary real estate signs.
(A) Signage (to include banners) shall be permitted for each parcel of
land in commercial and industrial districts in order to give information
conveying leasing, renting, selling, or renovation of such property.
(B) Such signs may be located anywhere on the tract or parcel, provided
they are set back a minimum of 30 feet from street intersections.
Tracts of land with more than one road frontage may be allowed an
additional sign for each additional frontage. One temporary sign not
to exceed 100 square feet in area shall be allowed on each street
frontage.
(C) Such signs may remain until ten days after building or space is leased,
sold or renovated.
(D) When applying to a strip center each space available for lease may
have a sign not to exceed 16 square feet indicating the space is available
for lease.
(2) Commercial and industrial subdivisions.
Commercial and
industrial subdivisions of a size of at least 5 acres are allowed
one permanent identification monument sign of a maximum size of 32
square feet at each major street entrance to the subdivision.
(3) Individual business establishments.
Each business establishment within a commercial or industrial zoned district shall be allowed signage in accordance with the provisions of this subsection. If, however, such business establishment is part of a shopping center or integrated business development the signage allowed shall be as provided in subsection
(4) of this section. It is further provided, however, that a single occupant detached commercial establishment located on a lot or tract in a commercial subdivision separate from a shopping center or integrated business development within such subdivision, shall be allowed signage in accordance with the provisions of this subsection, if such business establishment is separated by a substantial distance from the shopping center or integrated business development and only incidentally shares parking facilities and driveway access.
(A) Permanent signs:
(i) Wall signs:
a. Size and number.
Wall signs are permitted for each individual
business establishment with an allowable total sign area of 1-1/2
square feet of signage for each linear foot of business frontage.
b. Location and height.
A wall sign may not project above
the roof line of a building except for buildings with parapet walls
in which case the signage shall be flush with the wall and shall not
project above the parapet. Signs placed on mansard, gambrel, and other
sloping roofs must be perpendicular to the ground with all permanent
structural supports covered from view. Except for wall and identification
signs which are permitted elsewhere, wall signs may be placed on the
front or sides but not the rear of a building.
(ii)
Monument signs:
a.
Size and number.
One monument sign ranging in
size from a minimum of 32 square feet to a maximum of 50 square feet
is permitted for each individual business establishment, provided
the location and height requirements set forth in subsection b. below
are met.
b.
Location and height.
The monument sign shall be
set back from street rights-of-way by a minimum of ten feet, from
interior side property lines by a minimum of ten feet, or rear property
lines by a minimum of 50 feet. If consistent with the above spacing
and setback requirements, the monument sign allowed for a tract may
be placed on any street frontage enjoyed by that tract.
(iii)
Ground signs (freestanding):
a.
Size and number.
One ground sign is permitted
for each business establishment with an allowable total sign area
of 125 square feet, including the frame. A reader panel shall be treated
as a ground sign. Ground signs located on property adjacent to State
16 and US 190 and situated entirely within a 100-foot distance of
said highway right-of-way shall be allowed a maximum of 300 square
feet of total sign area including any reader panel that might be included.
A freestanding, “single business,” sign shall not have
more than three cabinets when being circumscribed as one ground sign
with visible air space between cabinets.
b.
Location and height.
A ground sign shall be set
back so that no part of such sign overhangs public property. The height
including any part of the sign or structure shall not exceed 35 feet
in height above the highest finished grade at the front property line.
Ground signs located on property adjacent to State 16 and US 190 and
situated entirely within a 100-foot distance of said highway right-of-way
shall not exceed 35 feet in height. The sign must be located on the
site where the goods or services are offered. Ground signs located
in the triangle of visibility shall have a minimum of eight foot of
clearance from the natural ground to the bottom of the sign panel.
(iv)
Projecting signs:
a. One projecting sign per building face, or wall, of a business property.
b. A projecting sign shall not extend more than four feet from the building
face, or wall, to which it is attached and shall not exceed 12-1/2
square feet in area.
c. The distance from the bottom of the sign to the ground or sidewalk
shall be a minimum of eight feet.
d. Projecting signs shall be pinned away from the building wall at least
six inches.
e. Projecting signs may not extend vertically above the windowsill of
a second story.
(4) Integrated business developments.
Integrated business
developments within commercial or industrial zoned districts and the
business establishments located therein shall be allowed signage in
accordance with the provisions of this paragraph.
(A) Permanent signs:
(i) Wall signs:
a. Size and number.
Each business establishment in an integrated
business development is permitted wall signs with an allowable total
sign area of 1-1/2 square feet of signage for each linear foot of
business frontage.
b. Location and height.
A wall sign may not project above
the roof line of a building except for buildings with parapet walls
in which case the sign shall be flush with the wall and shall not
project above the parapet. Signs placed on mansard, gambrel, and other
sloping roofs must be perpendicular to the ground with all structural
supports covered from view. Wall signs identifying businesses in an
integrated business development may be placed on any wall of the building
in which the business is located except the rear wall.
(ii)
Monument signs:
a.
Size and number.
The total sign areas for all
monument signs in an integrated business development shall not exceed
one square foot of sign area for each 300 square feet of gross usable
area or square footage of the building up to a maximum sign area of
300 square feet; provided however, that each sign must meet spacing,
size and height requirements contained in this paragraph. It is further
provided, however, that each integrated business development shall
be allowed at least one 32 square foot monument sign for each frontage
enjoyed by that tract and that an integrated business development
with only a single frontage shall be allowed at least one 50 square
foot sign. Except as provided hereafter, no monument sign may be larger
than 96 square feet nor smaller than 32 square feet. Integrated business
developments which qualify by size for the total sign area of 300
square feet allowed for monument signs and which can meet spacing
requirements contained herein may erect one 160 square foot sign.
However, if a 160 square foot sign is erected, such development shall
be limited to 225 square feet of total allowable sign area.
b.
Location and height.
The monument sign shall be
set back from the street rights-of-way by a minimum of ten feet and
from interior or rear property lines by a minimum of 50 feet. The
monument sign shall have a minimum spacing from other monument signs
of 100 feet. The measurement of such spacing shall be from the closest
points of the two signs. If consistent with the above spacing and
setback requirements, the maximum size monument sign allowed for a
tract may be placed on any street frontage enjoyed by that tract.
(iii)
Freestanding community signs:
a.
One freestanding community identification sign is permitted
for each integrated business development.
b.
The total sign area of such freestanding sign shall not exceed
125 square feet plus an additional ten square feet for each business
establishment in the complex up to a maximum of 225 square feet, including
the frame. A reader panel shall be treated as a ground sign. Freestanding
signs located on property adjacent to State 16 and US 190 and situated
entirely within a 100-foot distance of said highway shall be allowed
a maximum of 300 square feet plus an additional 15 square feet for
each business establishment in the complex up to a maximum of 500
square feet.
c.
Location and height: A freestanding sign shall be set back so
that no part of such sign overhangs public property. The height, including
any part of the sign or sign structure, shall not exceed 35 feet above
the highest finished grade at the front property line. Freestanding
signs located on property adjacent to State 16 and US 190 and situated
entirely within a 100-foot distance of said highway shall be allowed
a maximum height of 35 feet above the finished grade at the front
property line. The sign must be located on the site where the goods
or services are offered.
d.
It shall be the responsibility of the permit holder to allocate
the sign area of the freestanding identification sign among the tenants.
(iv)
Option for directory sign in office park and business park
districts:
a. One freestanding directory sign for the sole purpose of uniformly
listing the names of the tenants is permitted for each building in
which their area multiple tenants in the office complex if the complex
chooses not to use wall signs.
b. The total sign area of such sign shall not exceed 240 square inches
per tenant.
c. Directory signs shall not exceed five feet in height and shall be
located within 20 feet of the building.
(v) Options for shopping centers 40,000 square feet or larger.
A shopping center consisting of 40,000 square feet or greater
will be allowed a second freestanding sign located on the secondary
street to which there is access when such center is located at a major
intersection. The second sign shall be no larger than 100 square feet
plus not more than 50 additional square feet of reader panel. The
maximum height of the second sign shall be 50 feet.
(vi)
Canopy signs:
a.
Size and number.
1.
Canopy signs for businesses with canopies that are not attached
to a building (i.e.: gas station islands) shall be computed based
on the length of the canopy along the business frontage. The allowable
sign area shall be computed at the ratio of 1-1/2 square feet of wall
sign for each linear foot of canopy along the business frontage.
2.
Signs on canopies attached to a building shall be considered
as wall signs and governed by the regulations thereof.
b.
Location and height.
Canopy signs must be flush
mounted on the canopy and shall not project above or below the face
of the canopy or extend laterally from the canopy. Signs allowed on
canopies shall not be of a height greater than 20 feet above finished
grade.
(B) Temporary signs:
(i) Under construction signs.
Temporary monument signs for
commercial or industrial developments which are under construction
may be permitted in addition to permanent signs allowed by this subsection
in order to give information concerning leasing, renting, selling,
financing, and/or contracting. Such temporary sign shall be removed
12 months from the date of its erection or when the construction of
the development is completed, whichever first occurs.
a. Size and number.
Temporary monument signs permitted
under this subparagraph shall not exceed 32 square feet in area. Commercial
or industrial developments which are ten acres in size or greater
are allowed a total of two monument signs while developments smaller
than ten acres in size are allowed one monument sign.
b. Location and height.
Temporary monument signs may be
located anywhere on the site provided they are set back a minimum
of ten feet from any street frontage and a minimum of 200 feet from
street intersections; provided, however, that at least one sign shall
be permitted for each tract.
(ii)
Grand opening signs.
A wall sign to advertise
grand opening celebrations for an individual business establishment
shall be permitted for a period not to exceed 14 days. Such 14-day
period shall begin on the date of erection of the sign, and the sign
shall be totally removed prior to the expiration of the 14th day.
a.
Size and number.
One temporary sign (which may
be in the form of a banner) of a size not to exceed 32 square feet
shall be permitted.
b.
Location and height.
Such sign shall comply with
the location and height standards contained in subsection 1.1.7(3)
a.1(ii) [sic].
(Ordinance 2020-02 adopted 3/17/20)
Temporary signs that provide information about and/or direct
the public to a special event of civic interest, such as parades,
organized holiday festivities or celebrations, special events on the
behalf of charitable or nonprofit organizations are allowed provided
a sign plan is submitted to and approved by the city council. Such
sign plan shall comply with the following general requirements:
(1) One,
32 square foot monument sign may be placed at each major entrance
to the event.
(2) Additional
signs or banners may be located at specified locations in the city
as approved by the city council.
(3) Directional
signs shall not exceed 16 square feet in area.
(4) Signs
shall be erected only for a time period not to exceed ten days before
and two days after the event.
(5) Such
signs may be located on private property only with the permission
of the property owner. In no case shall a sign be located on a public
right-of-way without the consent of the city council.
(Ordinance 2020-02 adopted 3/17/20)
Generally, the regulations for wall and monument signs as established
by subsection 1.1.7(3) [sic] for commercially zoned areas shall apply
to areas zoned for specific use. However, more strict rules may be
applied by the city council in granting a specific use permit when
it is deemed necessary for the protection of adjacent properties and
the public interest.
(Ordinance 2020-02 adopted 3/17/20)
Notwithstanding any other provision of this section, any sign
that may display a commercial message may also display any noncommercial
message, either in place of or in addition to the commercial message,
so long as the sign complies with other requirements of this section
or to other ordinances that do not pertain to the content of the message
displayed.
(Ordinance 2020-02 adopted 3/17/20)
Signage is allowed on a truck, bus, car, or other motorized
vehicle provided all the following criteria are met:
(1) Primary
purpose of such vehicle or equipment is not the display of signs;
(2) Signs
are painted upon applied directly to an integral part of the vehicle
or equipment;
(3) Vehicle/equipment
is in operating condition, currently registered and licensed to operate
on public streets when applicable, and actively used in the daily
function of the business to which such signs relate;
(4) Vehicles
and equipment are not used primarily as static displays advertising
a product or service, not utilized as storage, shelter, or distribution
points for commercial products or services for the general public;
and
(5) During
periods of inactivity exceeding 5 working days such vehicle/equipment
are not so parked or placed that the signs thereon are displayed to
the public. Vehicles and equipment engaged in the active construction
projects and on-premises storage of equipment and vehicles offered
to the general public for rent or cars shall not be subjected to this
condition.
(Ordinance 2020-02 adopted 3/17/20)
(a) Any
sign now or hereafter existing which no longer advertises a bona fide
business conducted or a product sold at said premises, shall be removed
by the owner, agent, or person having the beneficial use of the building
or structure upon which the sign may be found or associated within
twelve (12) months after the said business has been closed; provided,
however, if the premises containing the sign is leased, such sign
shall be removed within twenty-four (24) months after the most recent
tenant ceases to operate on the premises.
(b) The
poles or supports for out-of-business signs may be left in place as
long as the poles/supports do not violate safety or electrical codes
and as long as the building official determines that the poles or
supports can be utilized by the next owner, agent, or person occupying
the building. If the sign pole or support is in the right-of-way or
is a nonconforming sign structure, it must be completely removed.
(c) Except as provided in subsection
(b), all signs, cabinets, and parts to the abandoned or obsolete sign shall be removed from the premises and disposed of. If the abandoned or obsolete sign or sign parts are not removed within the time frames stated herein, the building official is hereby authorized to cause removal of such sign, sign parts, and sign pole or supports. The building official shall send notice of this action to the owner, and if owner fails to respond within fourteen (14) days, the building official shall be authorized to have the sign removed. All expenses incidental to this sign removal shall be paid by the owner of the land, building, or structure to which the sign is attached or upon which it is erected.
(Ordinance 2020-02 adopted 3/17/20)
(a) Signs
erected without a permit either prior to or after the adoption of
this section, are illegal signs if a permit was required for its erection
according to the law in effect at the time the sign was erected. It
shall be unlawful to maintain any illegal sign. It is a defense to
prosecution under this subsection if the sign has been made to comply
with the provisions of this section so that a permit may be issued.
(b) All
signs which were legally erected pursuant to a valid permit or legally
maintained and which do not conform to the provisions of this section
are nonconforming signs. Nonconforming signs shall be removed or modified
so as to conform with the requirements of this section within six
years of the date the sign became nonconforming, with the following
exceptions:
(1) The conformity dates for the removal or modification of those signs
for which the conformity date is required to be extended or for which
financial compensation is required under state or federal law shall
be extended for so long as the conformity date extension or financial
compensation continues to be required by state or federal law.
(2) Signs which constitute a hazard to pedestrian or vehicular traffic,
unauthorized signs or portions thereof which are located on or extend
over public property, snipe signs, signs with spinners, streamers,
pennants or the like, and portable signs shall be removed or made
to conform within 60 days after the effective date of this section.
(3) No nonconforming sign shall be repaired or renovated at a cost in
excess of 50 percent of the replacement cost of the total sign structure,
unless such sign is brought into conformity with this section. No
nonconforming sign shall be repaired or renovated where the effect
of such repair or renovation shall be to enlarge or increase the structure
of the nonconforming sign. For the purposes of this subsection, routine
maintenance shall not be considered to be repair or renovation.
(Ordinance 2020-02 adopted 3/17/20)
(a) A
relaxation of the terms of this section may be permitted where such
variance will not be contrary to the public interest and where, because
of conditions peculiar to the property and as the result of the actions
of the applicant, a literal enforcement of this section would result
in unnecessary and undue hardship. A variance is authorized under
this subsection only for height, sign area, freestanding sign or ground
sign and length of time allowed to remove or to make conform a nonconforming
sign.
(b) Any variance sought under this subsection shall be submitted to the city council in accordance with the provisions provided in section
3.08.018 of this article.
(Ordinance 2020-02 adopted 3/17/20)
In order to provide for unique circumstances that have a peculiar
public need, the following type signs shall be exempt from the provisions
of this section:
(1) Any
sign erected and maintained pursuant to and in discharge of any governmental
function or required by any law, ordinance, or governmental regulation.
(2) Commemorative
plaques and identification emblems of recognized historical societies
and organizations.
(3) Decorations
clearly incidental, customary, and commonly associated with a national,
local, ethnic, or religious holiday. Such decorations may be displayed
for only the length of time that such holiday or event is normally
and customarily celebrated by the public.
(4) Nameplates
not exceeding two square feet for residents or occupants of commercial,
industrial, and professional buildings or dwellings, apartments, boarding
or rooming houses, or other similar facilities.
(5) Monument
signs erected by residential homeowner associations at major entrances
to the subdivision for which it is associated. Such monument signs
shall not exceed 16 square feet in area.
(6) Monument
signs erected on-site by public and private developments directing
or denoting the entrance, exit, parking, and direction of traffic
flow, providing such signs are not prohibited or further regulated
by other provisions of this section or other ordinances of the city.
Such signs shall not exceed two square feet in area.
(7) Protection
or security signs erected by the occupants of a premises denoting
no trespassing or security devices. Such signs shall not exceed four
square feet.
(8) Flag
of any governmental entity provided that such flag is flown in accordance
with established rules of etiquette. There shall be no flagpoles mounted
on roofs nor flags displayed on or from roofs.
(9) Political
signs: Shall be in conformance with section 259, Election Code. Temporary
political campaign signs provided that:
(A) Signs advertising for or against the passage of any measure or the
election of any candidate which are prohibited, except within 90 days
before the election to which they relate and 14 days after said election.
Such signs may remain in place between a primary election and general
election, and between a general election and a run-off, provided that
the measure or candidate will be on the general or run-off election,
as applicable.
(B) No such sign shall be more than 20 square feet in sign area. This
limitation shall not apply to billboards that exist and are in compliance
with this article.
(C) No permit shall be required for the erection of a temporary political
sign.
(D) Political signs shall not be allowed in the right-of-way of any street,
nor on any city property.
(10) Signs located in the interior of a building which are designed and
located to be viewed by the general public outside of the building
area viewed by the public.
(11) Signs on vehicles regulated by the city or any other governmental
unit.
(12) Signs on licensed commercial vehicles, including trailers; provided,
however, that such vehicles shall not be used as parked or stationary
outdoor signs and further provided that such vehicles or trailers
are not designed or constructed for the primary purpose of providing
an advertising medium.
(13) Directory signs, menu boards and the like which are designed to be
read from a distance no greater than ten feet.
(14) Banners and balloons for an individual business establishment in
commercial zones shall be permitted provided that:
(A) No more than one banner may be displayed at any one time per business
as long as maintained as specified in subsection (14)(I);
(B) No banner or balloon shall be displayed above the first floor of
any building;
(C) A banner or balloon shall be attached to the building front or side
but not the rear of a building;
(D) No banner or balloon shall obstruct vehicular or pedestrian traffic;
(E) A banner or balloon shall be constructed of weather-resistant materials;
(F) Each calendar year a schedule of events and celebrations which indicate
the days such banners or balloons shall be displayed is submitted
to and approved by the city;
(G) Grand opening balloons or banners are allowed for a maximum of 14
consecutive days;
(H) Any amendment to the schedule of events and celebrations which indicated
the days such banners or balloons shall be displayed is submitted
to and approved by the city;
(I) The banners or balloons may not be tattered, torn or faded in appearance.
(15) Civic and church signs: The city council may erect, or approve and
permit to be erected, entrance signs at or near the city limits for
the benefit of visitors, on which may be listed institutional names,
churches, and points of interest. Civic organizations and churches
may be permitted to place their insignias thereon. In addition, each
church or institution may erect a maximum of four directional signs
as long as each does not exceed four square feet.
(16) Administrative special exception for not for profit entities: Temporary
yard size signs may be placed in private yards and other approved
areas so long as the signs are for a public interest event or to promote
an event sponsored by a nonprofit, school (including sports teams),
civic, church, governmental or other public interest entity. Prior
written permission must be obtained from the city manager/city attorney
and said permission shall be effective for no longer than 14 days.
Removal of the signs must be provided for in the request for this
permission and a responsible party must be named for said sign removal;
said party shall be subject to prosecution in municipal court under
the sign ordinance for any failure to timely remove the signs or placement
in unapproved areas.
(17) Spinners or pennants: No more than two spinners or pennants may be
displayed at a shopping center at any one time and no more than one
spinner or pennant may be displayed at a business at any one time.
(18) Pole banner: No more than one pole banner may be displayed at a business
at any one time and it may not be placed within any city or public
right-of-way.
(19) Inflatables: No more than one inflatable may be displayed at a business
at any one time.
(20) Signs promoting Keep San Saba Beautiful Programs: Sign promoting
event or program sponsored by Keep San Saba Beautiful may not exceed
two square feet.
(Ordinance 2020-02 adopted 3/17/20)
(a) Sign administrator designated.
The building official,
hereinafter called the “sign administrator,” shall administer
and enforce the terms and conditions of this article and all other
provisions of laws relating to signs. The sign administrator may delegate
the duties and powers granted to and imposed upon him by this article
to other persons serving under him. The sign administrator is directed
to enforce and carry out all provisions of this article.
(b) Powers of sign administrator.
The sign administrator
shall have the power and authority to administer and enforce the conditions
of this article and all other laws relating to signs. Included among
such powers are the following specific powers:
(1) Every sign for which a permit is required shall be subject to the
inspection and approval of the sign administrator. When deemed advisable
by the sign administrator, a sign may be inspected at the point of
manufacture if such point is within or adjacent to the city limits;
(2) Upon notice and issuance of a stop order from the sign administrator, work on any sign that is being conducted in a manner contrary to the provisions of this article or is being conducted in a dangerous or unsafe manner shall be immediately stopped. Such notice and order shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, written notice shall not be required to be given by the sign administrator. Following the issuance of a stop order, the sign administrator shall initiate proceedings to revoke any permit issued for the work covered by such stop order, consistent with subsection
(3) below, unless the cause of the stop order is resolved to the sign administrator’s satisfaction;
(3) The duties of the sign administrator shall include the responsibility
of insuring that all signs comply with this article and any other
applicable law, and that all signs for which a permit is required
do in fact have a permit. The sign administrator shall make such inspections
as may be necessary to initiate appropriate action to bring about
compliance with this article and other applicable law if such inspection
discloses any instance of noncompliance. The sign administrator shall
investigate thoroughly any complaints of alleged violations of this
article;
(4) The sign administrator shall have, and is hereby granted, the power
and authority to revoke any and all licenses or permits authorized
by this article for violation of the terms and provisions of this
article; provided that the sign administrator shall conduct a hearing
prior to the revocation of any license or permit authorized under
this article to determine the facts incident to the pending revocation.
The person whose license or permit is under consideration shall be
given at least ten (10) calendar days’ written notice of the
hearing and shall be permitted to present relevant facts and legal
argument regarding the pending revocation. Following such hearing,
the sign administrator shall consider the merits of the case and shall
present a written opinion prior to any act. Provided further, however,
that if in the opinion of the sign administrator the health, safety
or welfare of the citizens of the city is endangered by any violation
of this article, the sign administrator may immediately revoke any
or all licenses or permits authorized by this article and shall conduct
the necessary hearing as soon as possible thereafter, but in no case
later than three (3) business days after the effective date of the
revocation unless the affected licensee or permittee shall request,
in writing, a later date;
(5) The sign administrator shall have the authority to adopt regulations
required to implement the provisions of this article; and
(6) In accordance with any agreement between the city and the state or
the United States Government, the sign administrator is hereby authorized
to enforce any applicable terms and provisions of the Texas Highway
Beautification Act, Tex. Civ. Stat. Ann., Art. 6674v-1, The Agreement
for Carrying out National Policy Relative to Control of Outdoor Advertising,
entered into between the United States of America and the state, by
instrument dated May 2, 1972, and any supplements or amendments to
said acts or agreements, and any rules or regulations promulgated
by the state or the state highway department, pursuant to the said
act or agreements, with regard to signs.
(Ordinance 2020-02 adopted 3/17/20)
(a) Sign inspection.
The sign inspector shall make the determination
regarding location of any license or permit. Decisions of the sign
inspector may be appealed to the planning and zoning commission as
provided herein.
(b) Revocation.
After a hearing with planning and zoning
commission, the sign inspector may revoke any permit or license issued
hereunder for any violation of any applicable law. The sign inspector
shall mail or deliver notice of the hearing to the owner, lessor,
permittee, or licensee at least ten days before the hearing on the
proposed revocation. The owner, lessor, permittee, or licensee and
the city may present relevant evidence at the hearing. The owner,
lessor, permittee, or licensee may choose to be represented by an
attorney at his own expense.
(Ordinance 2020-02 adopted 3/17/20)
Any person aggrieved by any action of the sign inspector or
planning and zoning commission may appeal to the city council by notifying
the city secretary of such appeal in writing within ten days after
the action of the sign inspector. The city council shall hear the
appeal within 45 days after said notice. The procedure shall be the
same as for revocation of a permit.
(Ordinance 2020-02 adopted 3/17/20)
See the city fee schedule and are nonrefundable.
(Ordinance 2020-02 adopted 3/17/20)
(a) Signs
regulated by the state may only be installed by a state licensed electrical
sign contractor that is registered with the city.
(b) Signs
not regulated by the state may only be installed by a general contractor
licensed by the city.
(c) Signs
under 16 square feet in size and signs painted on existing walls and/or
screening fences are exempt from the above requirements.
(Ordinance 2020-02 adopted 3/17/20)
It shall be the sole responsibility of the owner of the permitted
sign to ensure compliance with the structural requirements designated
below:
(1) Design.
(A) General.
All signs and sign structures shall be designed
and constructed to resist wind forces as specified chapter 16 of the
2015 International Building Code–General Provisions. All bracing
systems shall be designed and constructed to transfer lateral forces
to the foundations. For signs on buildings, the dead and lateral loads
shall be transmitted through the structural frame of the building
to the ground in such manner as not to overstress any of the elements
of the building.
(B) Overturning.
The overturning moment produced from lateral
forces shall in no case exceed two-thirds of the dead-load-resisting
moment for all signs. Uplift due to overturning shall be adequately
resisted by proper anchorage to the ground or to the structural frame
of the building for all signs. The weight of earth superimposed over
footings may be used in determining the dead-load-resisting moment.
Such earth shall be carefully placed and thoroughly compacted.
(C) Wire ropes and steel guy rods.
The allowable stresses
in wire ropes and steel guy rods and their fastening shall not exceed
one-fourth of their rated tensile strength.
(D) Wind loads.
All signs and sign structures shall be designed
to resist wind loads as prescribed in wind design requirements of
chapter 16 of the 2015 International Building Code.
(E) Vertical design loads.
Vertical design loads, except
roof live loads, shall be assumed to be acting simultaneously with
the wind loads.
(F) Working stresses.
All signs shall be designed to conform
to the requirements of chapter 16 of the 2015 International Building
Code–General Provisions regarding allowable working stresses.
The working strength of chains, cables, guys or steel rods shall not
exceed one-fifth of the ultimate strength of such chains, cables,
guys or steel rods.
(2) Construction.
(A) General.
The supports for all signs or sign structures
shall be placed in or upon private property and shall be securely
built, constructed and erected in conformance with the requirements
of the 2015 International Building Code.
(B) Materials.
Materials for construction of all signs and
sign structures shall be of the quality and grade as specified for
buildings in the 2015 International Building Code, chapter 16.
(C) Nonstructural trim.
Nonstructural trim aid portable
display surfaces may be of wood, metal, approved plastics, or any
combination thereof, consistent with the 2015 International Fire Code.
(D) Anchorage.
Members supporting un-braced signs shall
be so proportioned that the bearing loads imposed on the soil in either
direction, horizontal or vertical, shall not exceed the safe values
stated in chapter 16 of the 2015 International Building Code. All
ground signs shall be anchored to resist the wind load specified in
the building code acting in any direction. Anchors and supports shall
be designed for safe bearing loads on the soil and for an effective
resistance to pullout amounting to a force 25 percent greater than
the required resistance to overturning.
(E) Signs attached to masonry.
Signs attached to masonry,
concrete or steel shall be safely and securely fastened thereto by
means of metal anchors, bolts or approved expansion screws of sufficient
size and anchorage to support safely the loads applied.
(F) Wooden blocks.
No wooden blocks or plugs or anchors
with wood used in connection with screws or nails shall be considered
proper anchorage, except in the case of signs attached to wood framing
whenever anchors or supports consist of wood embedded in the soil,
the wood shall be pressure treated with a preservative approved by
the sign administrator.
(G) Un-braced parapet wall.
No anchor or support of any
sign will be connected to or supported by an un-braced parapet wall,
unless such wall is designed in accordance with the requirements for
parapet walls specified in the International Building Code.
(H) Display surfaces.
Display surfaces in all types of signs
may be made of metal, wood, glass or “approved plastics,”
unless otherwise prohibited herein or prohibited by the 2015 International
Fire Code.
(3) Electrical requirements.
All electrical fixtures, equipment
and appurtenances installed in conjunction with a sign shall be designed
and installed in accordance with the 2017 National Electrical Code
published by the National Fire Protection Association.
(Ordinance 2020-02 adopted 3/17/20)
(a) Maintenance.
All signs shall be thoroughly and continuously
maintained in a safe condition and the paint shall be kept in good
condition, except for parts made of galvanized or noncorroding metal
or treated with effective wood preservative. All parts shall be free
from deterioration, termite infestation, rot, or loosening. All signs
shall be able to withstand safely at all times the wind pressures
specified in any applicable law. If any sign is not so maintained,
the sign inspector shall give written notice to the owner, lessee,
or permittee thereof to so maintain the sign, and said person shall
comply with said notice.
(b) Removal of signs.
(1) Any notice to bring any sign into compliance with this article shall
state that the sign may be subject to removal after a hearing. If
such order is not complied with within 30 days, the sign administrator
may initiate proceedings to revoke the permit and remove the sign
at the expense of the owners, lessee, or permittee. Any sign company
which received a permit for any removed sign or sign covered by a
revoked permit shall be deemed to have forfeited the performance bond
required by this article, and the sign administrator shall apply the
proceeds of said bond to the removal of the sign.
(2) Any abandoned or obsolete sign may be removed by the city at the
expense of the owner, lessee, or permittee of the sign or the premises.
(3) The city shall be entitled to a lien against any premises from which
the city removes a sign, to secure reimbursement to the city of all
costs of removal.
(4) Any sign in violation of this article may be seized, transported,
and impounded by the sign administrator after a hearing as provided
herein. The custodian of the storage area shall maintain records of
where such signs were located when they were impounded and the date
of impoundment and shall hold the signs in the storage area for a
period of not more than 30 days. Any sign so held may be redeemed
by the owner thereof upon the payment of a fee to the city consisting
of a total of $50.00 for seizing the sign plus $5.00 per day storage
fee for each day or part of a day the sign is stored. Such fee shall
be in addition to and not in lieu of any fine imposed upon such owner
for violation of this article. Any sign impounded and stored and not
redeemed by the owner thereof within 30 days may be destroyed or sold
at auction by the city.
(5) The removal of any sign by the city by and through the sign administrator
under any provision of this article shall require a hearing before
the planning and zoning and a determination by said planning and zoning
that the sign should be removed. The procedure shall be the same as
for revocation of a permit.
(Ordinance 2020-02 adopted 3/17/20)
No sign shall resemble any official marker erected by any governmental
unit, or by reason of position, shape, or color conflict with the
proper functioning of, or be confusing with, any traffic sign, signal,
or emergency vehicle. Use of words such as “stop,” “look,”
“danger,” or any other word, phrase, symbol, or character
in such a manner as to interfere with, mislead, or confuse any driver
or traffic is prohibited.
(Ordinance 2020-02 adopted 3/17/20)
No sign shall contain lights which are not effectively shielded
so as to prevent light from being directed at any portion of a street
or highway from which the lights or light rays are visible and which
are of such intensity or brilliance as to cause glare or to impair
the vision of the driver of any motor vehicle, or which otherwise
interfere with any driver’s operation of a motor vehicle.
(Ordinance 2020-02 adopted 3/17/20)
No permit for a sign shall create any easement.
(Ordinance 2020-02 adopted 3/17/20)
All signs shall be constructed so as to prevent the accumulation
of rainwater in the signs.
(Ordinance 2020-02 adopted 3/17/20)
(a) No
person shall place, construct, reconstruct, erect, or use any sign,
or cause any of said things to be done, on any private or public property
of any nature whatsoever, without the permission of the person or
governmental entity owning or controlling the property. If such governmental
entity is the city, then the city administrator, in his/her discretion,
may grant or deny such permission, and any such permission must be
in writing.
(b) No
sign shall be erected nearer than ten feet horizontally or eight feet
vertically from any utility pole.
(c) Roof
signs must have one foot of open space between the roof line and the
bottom of the sign and three feet of open space between the sign structure
and the edge of the roof, and between sign structures.
(Ordinance 2020-02 adopted 3/17/20)
(a) This
article shall in no way impair the application of or excuse full compliance
with all fees, permits, and other provisions of the building code,
electrical code, or any other applicable ordinances or laws. To the
extent of any conflict, this article shall control.
(b) This
article shall not impair any private restrictions or agreements regulating
signs, to the extent that such private restrictions or agreements
are more restrictive than this article.
(Ordinance 2020-02 adopted 3/17/20)
The city and its officers, agents, and employers shall not be
liable for any action, non-action, event, situation, or any other
matter in any way related to this article. This article shall not
limit any liability of any person except the city.
(Ordinance 2020-02 adopted 3/17/20)
(a) Violations.
Any of the following shall be a violation
of this article and shall be subject to the enforcement remedies and
penalties provided by this article, by the zoning ordinance, and by
state law:
(1) To install, create, erect, or maintain any sign requiring a permit
without such permit;
(2) To install, create, erect, or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the zone
lot on which the sign is located;
(3) To fail to remove any sign that is installed, created, erected, or
maintained in violation of this article, or for which the sign permit
has lapsed; or
(4) To continue any such violation. Each such day of a continued violation
shall be considered a separate violation when applying the penalty
portions of this article.
(b) Separate violations.
Each sign installed, created, erected,
or maintained in violation of this article shall be considered a separate
violation when applying the penalty portions of this article.
(c) Penalties.
Any violation or attempted violation of this
article or of any condition or requirement adopted pursuant hereto
may be restrained, corrected, or abated, as the case may be, by injunction
or other appropriate proceedings pursuant to state law. Any individual
who recklessly violates any provision of this article is guilty of
a misdemeanor and upon conviction will be subject to a fine not less
than $1.00 nor more than $500.00. Remedies of the city include the
following:
(1) Issuing a stop-work order for any and all work on any signs on the
same lot;
(2) Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign(s) or the correction of the nonconformity;
(3) Imposing any penalties that can be imposed directly by the city under
the zoning code;
(4) Seeking in court the imposition of any penalties that can be imposed
by such court under the zoning code; and
(5) In the case of a sign that posses an immediate danger to the public
health or safety, taking such measures as are available to the city
under the applicable provisions of the zoning ordinance and building
code for such circumstances.
(Ordinance 2020-02 adopted 3/17/20)
Any written notice required or allowed by this article shall
be deemed received when deposited in the United States first class
mail, addressed to the address supplied by the addressee to the city,
or to any address that the sign inspector believes correct, or when
actually received by any means, whichever is earliest.
(Ordinance 2020-02 adopted 3/17/20)