The principal objectives and purpose of this article of the Code of Ordinances are to:
(1) 
Provide a reasonable system for the control of signs;
(2) 
Encourage signs which are well designed and pleasing in appearance;
(3) 
Encourage a desirable urban character compatible with the general environment of the city, which has a minimum of overhead clutter;
(4) 
Enhance the economic value of the community through location and design of signs;
(5) 
Provide for signs the principal purpose of which will be to furnish information necessary for business and commerce;
(6) 
Reduce possible traffic and safety hazards through good signing; and
(7) 
Provide for proper sign area and height with relation to viewing distance and other circumstances.
(1996 Code, sec. 12.201)
For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
Address sign.
A sign denoting the street address number and/or name of the owner of property.
Alterations.
Any change in copy, content, color, size, shape, position, location, construction, or supporting structure.
Area of sign.
The area included within the outer dimensions of a sign, including those portions of the frame or support structure which (i) border or adjoin the face of the sign, or (ii) are of a size, dimension or configuration which is intended to attract attention or are in excess of that necessary to support the sign. In the case of a multiple-faced sign, each face shall be deemed to be a separate sign for the purposes of determining sign area, i.e., each face is entitled to the allowable sign area. If a sign is placed on a wall or other surface, or if letters or other portions of the sign are supported individually, without any border, the area shall be computed by enclosing the entire sign within sets of parallel lines. The portion of the sign represented by a logo shall be calculated by enclosing the logo in geometrical figures from which the total area may be calculated.
Awning.
A projecting overhang of a rigid frame but otherwise composed of flexible canvas, nylon or similar material.
Building.
Any structure used or intended for supporting or sheltering any use or occupancy.
Building identification sign.
A sign displaying the name and/or address of a building, which sign is located on the same site as the building.
Building official.
That person charged with the administration of the building codes of the city.
Business identification sign.
A sign displaying the name of the business to which it pertains and/or the names or description of the products or services sold or offered by such business at the site on which the business and sign are located.
City manager.
The chief administrative officer of the city.
Construction sign.
A sign stating the names of the general contractor and, if desired, those individuals or businesses directly connected with a construction project. For the purposes of construction signs, a “general contractor” shall be an individual, firm, corporation, or other entity that has lawfully obtained a building permit for new construction, remodeling, repair, or an addition to a residence or business.
Face, sign face, or face of a sign.
Any plane or other side of a sign which is painted or stained or lighted or has lettering or is illustrated, separately or in combination, to attract attention. In the case of a side other than a plane, the area thereof shall be computed as including only the minimum single display surface which is visible from any one position from which persons might usually view the same.
Garage sale or estate sale signs.
Signs advertising the sale by the homeowner of items of personal property and containing only the words “Garage Sale” or “Estate Sale.”
Glass frontage.
That total area of the front and side of a building:
(1) 
Facing or abutting a public street or courtyard or parking area;
(2) 
Utilized by a particular business; and
(3) 
Consisting of windows, show windows or other glass-covered space, through which the interior of the building is visible.
Grade.
The level of the public sidewalk at the closest distance to the sign, or ground level at the wall to which a sign may be attached, whichever is higher.
Ground sign.
A sign which is supported by one or more uprights, braces, pedestals or other solid foundation in or upon the ground. It may be a two (2) face sign, and shall also include signs sometimes referred to as “post signs” or “monument signs” or “pole signs.”
Illuminated sign or lighted sign.
Are terms which may be used interchangeably, and shall refer to any sign which has a source of light, either internal or external, for the purpose of illuminating such sign.
Lost pet sign.
A sign indicating the loss of a pet, giving a description thereof and the address and phone number of the owner.
Marquee or projecting overhang.
A permanent roof-like extension from a portion of the building below the roof line composed of rigid material.
Political sign.
A communication supporting or opposing a candidate for nomination or election to a public office or office of a political party, a political party, a public officer, or a measure that appears in a sign.
Projecting sign.
A sign which projects from and is supported by a wall of a building, with the display surface of the sign in a plane other than a plane parallel to the wall.
Real estate sign (such as a “For Sale,” “For Lease,” “For Rent” Sign).
A sign indicating that the premises on which the sign is located, or any portion thereof, are for sale, for lease, or for rent, and containing any of the following information: a description of the premises offered for sale, lease, or rent; special facilities or appurtenances; and the name, address, and telephone number of the owner, broker, or other person offering the same for sale, lease, or rent. The sign may include information with respect to the availability of special financing and the status of the sale of the subject property, such as “sold” or “contract pending.”
Roof sign.
A sign located upon and above the roof of any building.
Security protection sign.
A sign indicating that the premises are protected by a security alarm system.
Shopping center.
Any identifiable area or group of buildings or stores commonly referred to as “shopping centers” with one or more retail businesses having their principal or main entrance off and adjacent to parking areas or parking facilities, and shall include any area so designated by the building official, or any pedestrian arcade, courtyard, promenade, or mall, whether covered by a roof or not, within or between any structures or buildings, upon which the principal or main entrance to one or more retail business therein are located.
Sign.
Any writing, name, number, figure, character, outline, emblem, graphic, window etching, stained or painted glass, mark, logo, mural, symbol, spectacle, display, delineation, announcement, advertising, billboard, signboard, flag, banner, pennant, bunting, device, appliance, structure erected for the purposes of supporting a sign, or any other thing of similar nature designed to attract attention outdoors, in or on any face or wall, window, or store front of any building, or on any pole or other form of support or structure, and shall include all parts, portions, units, and materials composing the same, together with the frame, background, and support or anchorage thereof. The following shall not be deemed to be included within the definition of “sign”:
(1) 
Signs of a duly constituted governmental body, including, but not limited to, traffic or similar regulatory devices, other devices required by law, and warnings at railroad crossings;
(2) 
Signs required to be maintained by law or governmental order, rule, or regulation, provided that the total surface area of all such signs on any one lot or parcel does not exceed ten (10) square feet or as required by state law;
(3) 
Signs placed by a public utility for the safety, welfare, or convenience of the public, such as signs identifying high voltage, public telephone, or underground cable;
(4) 
Signs upon a vehicle, provided that any such vehicle with signs thereon is not conspicuously parked or left standing for advertising purposes so as to constitute a device or other type of sign pursuant to the definition of a sign;
(5) 
Signs not more than two (2) in number and noticing or soliciting the sale, lease, or hire of a vehicle to which such signs are attached if such signs are nine inches (9") by twelve inches (12") or less;
(6) 
Signs located inside a building or structure, provided the sign is not so located as to be visible and readable without intentional and deliberate effort from outside the building or structure;
(7) 
Barber poles of the traditional type and design not exceeding three feet (3') in height (vertical portion of the pole) and not erected so as to extend more than twelve inches (12") from the front of the building to which it is attached;
(8) 
Noncommercial decorations in a residential zone commemorating a generally recognized seasonal event or occasion, for periods not to exceed thirty (30) days;
(9) 
Commemorative or historical markers which have been approved by the city council.
Site.
All of that contiguous ground area legally assembled into or as part of one building or business location, or one residence.
Urban design and development committee.
That advisory committee appointed from time to time by the city council.
Wall sign.
A sign which is affixed to (or painted on) an exterior wall of any building or structure with the display surface of the sign in a plane parallel to the plane of said wall.
(1996 Code, sec. 12.202; Ordinance 21-002 adopted 1/19/21; Ordinance adopting Code)
Signs not in violation of any ordinance of the city at the time of the erection of same, which were intended to be and which are permanent from the consideration of their location, material, design and type of construction, and which do not constitute a hazard to public safety or a nuisance, but which do not conform to the requirements of this article, may be maintained and may be replaced or re-erected with a “no cost” permit, if destroyed by fire, vandalism, windstorm or other natural forces or events beyond the control of the owner. If any such sign is (i) dismantled, (ii) removed, or (iii) destroyed other than by fire, vandalism, windstorm, or other natural forces or events beyond the control of the owner, it shall not be replaced, re-erected or rebuilt without a permit.
(1996 Code, sec. 12.210)
All signs shall be maintained so as to be structurally safe, clean, and in a good state of maintenance and repair.
(1996 Code, sec. 12.211)
The building official shall inspect, at such times as he deems necessary, signs regulated by this article for the purpose of ascertaining whether the same is secure or insecure, whether it still serves a useful purpose, and whether it is in need of removal or repair.
(1996 Code, sec. 12.226)
(a) 
Any sign or any part thereof which was not erected and is not maintained in accordance with the design and construction requirements contained or referred to in this article, unless exempted from such requirements, or any sign or any part thereof which is liable to fall down and/or endanger persons or property, or is a fire hazard, or is a dangerous structure which is located within this city, or any sign or part thereof which, from age, neglect or faulty construction, becomes dangerous or dilapidated, shall be deemed to be a public nuisance, and upon complaint being made to the building official, such public nuisance shall be abated, as hereinafter provided.
(b) 
All signs or parts thereof or related structures which:
(1) 
Are not maintained or were not erected in accordance with the design and construction requirements of this article;
(2) 
Are structurally unsafe;
(3) 
Constitute a fire hazard;
(4) 
Are otherwise dangerous to human life; or
(5) 
Separately or in relation to the use of other existing property constitute a hazard to safety, health or general public welfare by reason of inadequate maintenance or dilapidation or obsolescence, or abandonment;
are declared to be dangerous structures, and the same shall be a public nuisance, and upon complaint being made to the building official shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedure specified in this section, which shall be in addition to any other procedures or remedies available to the city for enforcement of the provisions of this article.
(c) 
Any resident of the city, or any employee of the city who observes any public nuisance defined in this section, may make a complaint about such nuisance to the building official of the city.
(d) 
The building official or his representative shall observe and examine every sign or portion thereof upon which such complaint has been made, and if found to be a public nuisance as defined in this section, the building official shall give the owner and occupant of the premises where such sign is located written notices stating the defects and objections and the violations with respect to which such complaint has been made. Such notices shall be sent to the owner and occupant by delivering such notice in person or sending such notice by registered or certified mail to the occupant at the premises and to the address of the owner according to the tax rolls of the city, and shall require the owner and/or occupant to commence the required removal or improvement or repairs within three (3) days from the date such notice is delivered or deposited in the mail. Such notice shall also require that all work to eliminate the violation shall be completed within thirty (30) days from the date of such notice unless otherwise stipulated by the building official.
(e) 
In case the owner and/or occupant shall fail, neglect or refuse to (i) comply with said notice [and] to take the action described in such notice, or (ii) appeal therefrom within five (5) days, the building official may file a complaint with the city court charging the owner and/or occupant of such structure or premises with a violation of this section.
(f) 
The building official may, in the alternative, notify the board of adjustment of the city of the complaint and the fact that the owner and/or occupant has failed, neglected or refused to comply with the requirements set forth in said notice. The board of adjustment shall, after notice to the owner or occupant of the premises where the sign is erected, hold a public hearing for the purpose of determining that the nuisance should be abated. The board of adjustment shall set the time for such public hearing, and give written notice by delivering same in person or by mailing notice by registered or certified mail to the addresses referred to above of the owner and occupant, respectively, of said premises at least (10) days before the date of such hearing, and the board of adjustment will give such other and further notice of such hearing that may be required by the laws of the state.
(g) 
At the conclusion of the hearing referred to, the board of adjustment may order the building official to proceed with the work or other action specified in such notice, or may grant additional time for the owner or occupant of the premises to effect the repairs or take such other action as may be specified in such notice or may render such other order which may seem necessary and proper. In the event the building official is directed to repair, dismantle or remove any sign from the premises, the cost of such work shall be paid by the owner and/or occupant of said property, and if not paid shall be levied as a tax against said property, which shall become immediately due. In the event that the owner and occupant are not one and the same person or party and both have been properly notified hereunder, such persons or parties shall be jointly and severally liable for the costs referred to.
(h) 
If the owner or occupant of the premises as to which a complaint has been filed shall appear before the board of adjustment, no further notice or order of the board of adjustment made at such hearing shall be required to be furnished to said owner or occupant. In the event the owner and/or occupant of said premises fails to appear at said public hearing, the board of adjustment may order the building official to proceed with the work or other action specified in the notice, and levy the cost of such work as a tax against the premises as indicated, and in that event a copy of the order of the board of adjustment shall be delivered to the owner or occupant of said premises in person or by certified mail or registered mail to the occupant at the premises and to the owner according to the tax rolls of the city, and by publication of a copy of such order, at least one time, in the publication which is designated as the official publication of the city.
(i) 
Upon the expiration of thirty (30) days after a copy of the order of the board of adjustment has been delivered or mailed and published as required above, the building official shall proceed to carry out the work called for by the order of the board of adjustment, and the cost of such work shall be levied as a tax against the premises and the owner and/or occupant thereof, which shall be and become immediately due.
(j) 
In the event that both the owner and the occupant of the premises shall fail or refuse to discharge the expense incurred in correcting the violation of this section within thirty (30) days after receiving notice to pay such amount, or within thirty (30) days after such notice is published, whichever is later, the city may bring an action in any court having jurisdiction to recover the expenses and costs which were assessed against the owner or occupant of such premises by the board of adjustment.
(1996 Code, sec. 12.227)
(a) 
The board of adjustment of the city (created pursuant to the city’s zoning ordinance) may hear and decide appeals which allege error in any order, requirement, decision, or determination made by the building official in connection with the refusal to grant a permit required by this article, the revocation of a permit granted under the provisions of this article or a decision involving any substantive or material interpretation of a provision of this article. The decision of the board of adjustment with regard to such appeal shall be final.
(b) 
The board of adjustment shall act as a quasi-judicial body and, following notice in writing to all property owners within two hundred (200) feet of property on which a sign is proposed to be erected, may vary any or all terms or provisions of this article with respect to on-premises signs only when said board has made a specific finding from evidence presented that strict compliance with the provisions of this article will result in a substantial financial hardship or inequity to the applicant without sufficient corresponding benefit to the city and its citizens in accomplishing the objectives of this article. In no event shall such authority to permit a variance include permitting a sign which is an unlawful sign under section 3.09.009, nor permitting a commercial sign in a residential zone other than as permitted by this article, nor permitting a sign which is unsafe, nor waiving any of the permit requirements of this article. Notwithstanding the above, the board of adjustment shall not have authority to permit the reconstruction of a nonconforming sign other than in accordance with, or waive or vary any of the provisions of, section 3.09.003 herein.
(c) 
Any appeal or request for variance or special exception brought under this section will be accompanied by a fee to be set by resolution of the city council. In any of the above cases, if the board of adjustment grants the relief requested by the applicant, it may, in specific cases, impose appropriate and reasonable conditions on the granting of such application.
(1996 Code, sec. 12.257)
(a) 
Posting on public places.
(1) 
It shall be unlawful for any person to post, suspend, print, stick, stamp, tack, or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public to, over, or upon any street right-of-way (including the parkway except for address signs), public sidewalk, curb (except house numbers), lamp post, hydrant, tree, electric light pole, telephone pole, or telegraph pole, or upon any fixture of the alarm systems, telephone systems or similar or related systems involving governmental or public service of the city, or upon any public building or utility. (This subsection is not applicable to public convenience, safety and regulatory signs erected by the city.)
(2) 
Provided however, as part of a program of a nonprofit organization, approved by the city council to preserve the public safety and welfare, American flags may be temporarily displayed in a residential district in the part of the street right-of-way known as the “parkway” only with the permission, and at the request, of the abutting residential property owner, from 12:00 noon the day before to 12:00 noon the day after the following national holidays: Memorial Day (last Monday of May), Flag Day (June 14th), Independence Day (July 4th), Labor Day (first Monday in September), and Veterans’ Day (November 11th). Such flags shall not exceed 3' by 5' in area, shall be mounted on 10' poles inserted into metal or plastic sleeves placed in the parkway, and shall be uniformly flown on the residential parkways. Flags may be displayed in city parks only with permission of, and for the time and at the locations specified by, the director of parks or his designee.
(b) 
Posting on private premises.
It shall be unlawful for any person to post, print, stick, stamp, tack, or otherwise affix, or cause the same to be done, any notice, placard, bill, card, poster, sticker, banner, sign, advertising, or other device calculated to attract the attention of the public over or on private land, or to, at, from, or upon any post, fence, wall, building, structure, or any part of any building or structure located in or upon any private premises or property within the city, unless the written consent of the owner, agent, or occupant has first been obtained.
(c) 
Moving signs and flags.
It shall be unlawful for any person to erect or install any sign which, in whole or in part, moves, rotates, flashes, reflects, blinks, or appears to do any of the foregoing, or which simulates motion in any manner, except that flags representing a governmental body or entity, or an institution, not exceeding three (3) in number, and which flags shall not exceed twenty-four (24) square feet each, may be allowed for each street floor business, residence or institution. Such flags shall not be less than twelve feet (12') above grade in nonresidential zones, shall not exceed the height of the roof line of the principal structure located on the site and shall be mounted or supported in a manner approved by the building official to protect the health, safety, and welfare of the general public in accordance with the standards of construction set forth in section 3.09.021, where applicable, and in a manner that they shall not encroach over or onto any public right-of-way. Flags identifying a building or a business or denoting a purely commercial message or constituting mere advertising shall not be allowed. For the purposes of this article, moving signs shall be considered but not limited to the following: banners, pennants, flags, captive balloons, market quotations, time or temperature recording devices, clocks, signs which are constructed of or faced with scotch-lite or similar material, signs which change color, and signs where the intensity of lighting changes, or appears to change, including flashers and blinkers. Notwithstanding the above, flags flown or displayed on property owned or occupied by bodies or entities of the city, the county, the state or the United States government, or universities, or any public school located in the city, shall not exceed one hundred and fifty (150) square feet.
(d) 
Prohibited support.
A sign shall not be supported in whole or in part from any public utility installation or any tree on private premises.
(e) 
Exposed electric appurtenances.
No exposed, visible electrical conduits, raceways, circuit breakers or other exposed electrical appurtenances shall be allowed, except as may be required by applicable law.
(f) 
Prohibited construction signs.
Construction signs, as defined herein, or any other signs which may identify a contractor, subcontractor or other party connected with the project, in addition to any other restrictions concerning such signs, shall not be permitted on or near the construction site when attached to, painted or erected on temporary buildings or trailers used for offices or storage, on fences, or on dumpsters, unless such signs are for the purpose of constituting the allowable construction sign permitted by this article and otherwise comply with the provisions of this article.
(g) 
Signs with movable type.
Signs with movable or changeable type shall not be allowed except for theaters as provided for in section 3.09.153.
(h) 
Temporary signs for special events.
Notwithstanding other provisions of this section, signs, bunting, flags, banners and other decorations, which would otherwise be in violation of this article, may be permitted on a temporary basis for seasonal events, special occasions or local civic or community projects, subject to the approval of the building official, for such periods as he may designate.
(i) 
Off-premises signs (billboards and other off-premises signs).
Signs identifying, advertising or directing the public to a business, merchandise, service, institution, residential area, entertainment or commercial activity which is located, sold, rented, based, produced, manufactured, furnished or taking place at a location other than on the property or site where the sign is located shall not be allowed.
(1996 Code, sec. 12.212; Ordinance 14/015 adopted 6/17/14)
Subject to the further provisions of this article concerning permissible area of the sign or type of lighting, wall signs shall be permitted as follows:
(1) 
Signs painted on the wall of a building.
(2) 
Signs composed solely of individual letters, provided that no portion thereof shall extend more than eight inches (8") from the wall or building or structure to which it is attached where the sign is eight feet (8') or more above grade, or more than three inches (3") from such wall where the sign is less than eight feet (8') above grade.
(3) 
Signs other than those painted on a wall or composed solely of individual letters, provided that such signs:
(A) 
If internally illuminated, shall be constructed of metal with a matte finish, including all faces, sides, backs and frames, with individually incised letters backed with plexiglass, and shall not extend more than six inches (6") from the wall to which it is attached.
(B) 
If not internally illuminated, shall be constructed of wood, metal with a matte finish, or fiberglass with a matte finish, and shall not extend more than three inches (3") from the wall to which it is attached.
(4) 
Wall signs less than eight feet (8') above the grade shall not be illuminated.
(5) 
Wall signs shall be placed on a wall parallel to the facing or abutting street.
(1996 Code, sec. 12.213)
Ground signs are allowed under the provisions of this article subject to restrictions as set forth under particular sections or subsections hereof. In addition, ground signs, if internally lighted, shall be constructed of metal with a matte finish, including all sides, faces, backs and frames thereof, with individually licensed [incised] letters backed with plexiglass. Ground signs other than those internally lighted shall be constructed of wood, metal with a matte finish, fiberglass with a matte finish, stone, concrete, or brick.
(1996 Code, sec. 12.214)
(a) 
Projecting signs indicating the location of emergency medical facilities, public off-street parking or other similar public services in nonresidential zones are allowed, but shall not project from the wall of the building or structure to which they are attached more than twenty inches (20"), and shall not exceed six feet (6') in height. Projecting signs of this type less than twelve feet (12') above grade shall be prohibited. Permitted projecting signs may project over public sidewalks.
(b) 
Projecting signs may be utilized as business identification signs in nonresidential zones provided that such signs:
(1) 
Do not exceed eight (8) square feet in area and four (4) inches in thickness;
(2) 
Are erected at least nine (9) feet above grade;
(3) 
Project no more than four (4) feet from the building or one-third (1/3) the width of the sidewalk, whichever is less;
(4) 
Shall be pinned at least six (6) inches away from the wall;
(5) 
Are mounted with connectors which are an integral part and in keeping with the overall design of the sign;
(6) 
Shall not be internally illuminated;
(7) 
Are erected so that the structural elements shall not be exposed unless the same are an integral part and in keeping with the overall design and theme of the sign; and
(8) 
Are mounted or erected at the midpoint of the street frontage of the business and/or the side wall of such business if it abuts a public street other than the one faced by the principal entrance of the business.
Only one projecting sign per ground floor business shall be allowed except for an additional sign on an abutting street as referred to; provided, however, a secondary projecting sign not exceeding three (3) square feet in area and erected between eight (8) and eleven (11) feet above grade and otherwise mounted as set forth above shall be allowed. Projecting signs may be constructed of metal, wood or fiberglass with a matte finish. Principal projecting signs allowed under this subsection shall be in lieu of any other permanent type sign for a particular business, except for wall signs permitted under subsections (C) and (D) of section 3.09.144(3) hereof. A business, therefore, may not have both a principal projecting sign and a wall sign.
(1996 Code, sec. 12.215)
No portion of a marquee, projecting overhang or awning (all sometimes hereinafter referred to as “projecting extensions”), if used as a sign, or as the supporting structure of a sign, and no sign affixed thereto, shall extend beyond a vertical plane with a one-foot (1') setback from the curb, and no vertical fascia, valance or other front-facing portion of a projecting extension shall exceed eighteen (18) inches in height. The permitted building or business identification sign for the site or any portions thereof may be painted or stitched on the projecting extension if an awning, or painted on or affixed as individual letters to the projecting extension if a marquee or projecting overhang, but only on that portion parallel (or generally so depending on the configuration of the projecting extension) to the wall of the building. No letters, numbers or logos or any part of a sign may extend above or below the vertical portion of the projecting extension except insofar as they may conform to and be a part of the configuration or curvature of the projecting extension. No wood, paper, clock, or temporary signs shall be hung or attached to a projecting extension. Notwithstanding the above, if a projecting extension does not extend beyond four (4) feet from the wall of the building, the portion thereof perpendicular to the wall may be used for a secondary business identification sign not exceeding three (3) square feet in area. Awning signs shall meet the structural requirements of section 3.09.021 of this article. Fabric used on awnings shall be opaque and treated to be fire resistant. If lighting is provided within the awning, the graphics portion (lettering, logos and/or numbering) may be incised with translucent fabric. This provision will permit only the graphic portion of the awning sign to be illuminated. Existing nonconforming awning signs, if structurally sound, may be refaced/refabricated provided the new material meets all of the above requirements and the graphics do not exceed eighteen (18) inches in height.
(1996 Code, sec. 12.216)
(a) 
Signs shall not be erected or installed on the roof of any building, and shall not extend above the roof of the building to which it is attached, except:
(1) 
When it is attached to the side of a penthouse and does not extend above the roof of the penthouse; or
(2) 
When it is attached to a parapet wall and does not extend above the top of the parapet wall nor more than three feet (3') above the roof level.
(b) 
The roof of a marquee, arcade, awning, or projecting overhang shall not be considered the roof of the building for purposes of this section.
(1996 Code, sec. 12.217)
(a) 
Persons shall not erect, install, maintain or use any construction sign on a premises unless the required building permits for new construction or remodeling have been obtained from the city and said sign conforms with section 3.09.104 and/or 3.09.146 of this article.
(b) 
Construction signs may be erected and maintained only during periods of actual construction and shall be removed prior to final inspection.
(1996 Code, sec. 12.223)
Signs shall not be placed upon any vacant lot on which business is not being conducted or on unimproved property, except signs dealing exclusively with the sale or lease of such property subject to any and all of the regulations applicable thereto and further subject to the following restrictions:
(1) 
Such signs shall not be lighted or illuminated; and
(2) 
Such signs shall be located less than five feet (5') from the property line.
(1996 Code, sec. 12.219)
The language and other representations on all signs within the city, except as otherwise provided in this article, shall be limited to the identification (i.e., name and address) of the building on the property on which the sign is placed, or, if a business identification sign, the name of the business and a brief indication of the nature of the business done or service rendered or type and/or name of merchandise sold upon such premises. Such signs shall not contain any references to price. Established marks or logos may be included as part of a business identification sign.
(1996 Code, sec. 12.218)
Signs shall be limited to not more than three (3) colors. For the purpose of this section, “sign” shall include the lighting or illumination, and, in the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the building surface shall not be considered as a color of the sign. Shades or blendings of color shall each constitute a separate color. Also, for the purposes of this section, black and white shall not be considered colors.
(1996 Code, sec. 12.220)
Any perimeter or flood lighting or other external lighting, whether used for illumination or advertisement, which illuminates private land (whether built upon or not), buildings, signs, or structures shall be limited to white light and permitted only when such lighting is installed on private property and when hooded or shielded so that direct beams therefrom do not fall upon public streets, alleys, highways, or other private property. Sodium vapor or other colored exterior lights or lighting are not permitted.
(1996 Code, sec. 12.221)
(a) 
Interference with operation of vehicles.
Signs shall not be permitted which, by virtue of the intensity, direction, or color of its lighting or illumination, shall interfere with the proper operation of or cause confusion to the operator of a motor vehicle on the public streets.
(b) 
Intensity of lighting.
Signs which are lighted or illuminated to an intensity in excess of that of a public streetlight (1000 watts) shall not be constructed or maintained within two hundred feet (200') of and facing property in a residential zone. Intensities of illumination in all cases shall be approved by the electrical inspector of the city and shall not exceed the intensity referred to or that according to the following table, whichever is the lesser:
MAXIMUM ILLUMINATION INTENSITY LEVEL
Type of Illumination
Located within 200 feet and visible from a residential zone
Located within 200-500 feet and visible from a residential zone
Located beyond 500 feet of a residential zone
Direct, internal or backlighted
90 foot-lamberts
150 foot-lamberts
250 foot-lamberts
Indirect or reflected sign
10 footcandles
25 footcandles
50 footcandles
(c) 
Signs to be turned off at night.
Illuminated signs, except for building identification signs, within four hundred feet (400') of a residential zone and visible from such zone shall be turned off at the close of business each day or not later than 12:00 p.m. each night, whichever is later. Illuminated building identification signs within such distance from a residential zone and visible therefrom shall be turned off at 12:00 p.m.
(1996 Code, sec. 12.222)
(a) 
Generally.
All signs shall be designed and constructed so as not to require any external bracing, cables, stays or guy wires for support or to prevent swaying or sagging and shall comply with the wind pressure and load requirements specified herein or as otherwise called for by the city engineer or the building code of the city. All references to the building code are as to the most current edition adopted by the city.
(b) 
Design requirements.
Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this subsection. All bracing systems for ground signs 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 thereof. The overturning moment produced from lateral forces shall in no case exceed two-thirds (2/3) dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage. 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.
(1) 
Wind loads.
Signs and sign structures shall be designed and constructed to resist wind forces of not less than thirty (30) pounds per square foot of area.
(2) 
Seismic loads.
Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the building code.
(3) 
Combined loads.
Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads.
(4) 
Allowable stresses.
The design of wood, concrete, steel, or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code. The working stresses of wire rope and its fastenings shall not exceed twenty-five percent (25%) of the ultimate strength of the rope or fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the building code.
(c) 
Construction requirements.
The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirements of this section.
(1) 
Materials.
All permanent signs shall be constructed of wood, metal or fiberglass unless otherwise specified in this article. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the building code, as adopted, unless otherwise called for in this article. In all signs and sign structures, the materials and details of construction shall, in the absence of specified requirements, conform with the following: Structural steel shall be of such quality as to conform with building code standards. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light gauge steel as specified in the building code standards and in addition shall be galvanized. Secondary members, when formed integrally with the display surface, shall be not less than no. 24 gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be no. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be one-fourth inch (1/4"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform with the building code standards. Steel members may be connected with one (1) galvanized bolt, provided the connection is adequate to transfer the stresses in the members.
(2) 
Restrictions on combustible materials.
Ground, wall, and projecting signs shall be constructed of material heretofore specified in this article, and signs on projecting overhangs and marquees shall be constructed of noncombustible materials. No combustible materials shall be used in the construction of illuminated signs, except as approved by the building official.
(3) 
Anchorage.
(A) 
Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either horizontal or vertical direction shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pull-out amounting to a force of twenty-five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.
(B) 
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.
(C) 
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.
(D) 
No anchor or support of any sign shall be connected to, or supported by, an unbraced wall unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the building code.
(4) 
Approved fiberglass.
The building official shall require that sufficient technical data be submitted to substantiate the proposed use of any fiberglass material and, if it is determined that the evidence submitted is satisfactory for the use intended, he may approve its use.
(d) 
Clearance requirements generally.
Signs shall conform to the clearance requirements of this subsection.
(1) 
Clearance from high voltage power lines, telephone cables and light standards.
Signs shall be located not less than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of 750 volts. The term “overhead conductors” as used in this subsection means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength. No sign shall be erected nearer than six feet (6') to any telephone cable, power line or any streetlight standard.
(2) 
Clearance from fire escapes, exits, or standpipes.
No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe.
(3) 
Obstruction of openings.
No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below required by this section. Signs erected within five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.
(1996 Code, sec. 12.224; Ordinance adopting Code)
(a) 
For purposes of this section, a “special sign” shall mean a sign whose purpose and design is to promote the general architectural, historic, cultural, or scenic character of a building, lot or tract of land, based on its unique function or location in relation to surrounding properties.
(b) 
The urban design and development advisory committee (UDADAC) may consider a request for a special exception to this article, when submitted by the owner or owners of a building, lot or tract of land, to install a special sign.
(c) 
The location, construction and dimensions of a special sign shall be determined by the city council ordinance authorizing such special sign. Except as provided in such ordinance, a special sign shall be required to follow the provisions of this article.
(d) 
A sign permit shall be required before a special sign may be installed on a building, lot or tract of land.
(e) 
A request for special sign approval must include details of visual representation, lettering, illumination, sound, size, height, placement, movement, location proposed for the sign, and any other details the city may require. UDADAC shall conduct a design review of the proposed sign before forwarding its approval and recommended conditions to the city council for action.
(f) 
The proposed special sign must meet the following minimum requirements:
(1) 
The sign must be unique to the specific location of the building, lot or tract and compatible with the general architectural, historic, cultural, or scenic character and visual quality of the building, the district, or neighborhood center in which it is located;
(2) 
The total area of the faces of the proposed sign, plus the total combined area of all existing signs on the building, lot or tract, must not exceed the total area of all signs allowed under this article;
(3) 
A special sign may not be contrary to the public interest and must serve to create a sense of place; and
(4) 
Only one special sign may be allowed on a building, lot or tract of land.
(1996 Code, sec. 12.260)