For the purposes of this article, the following definitions
shall apply, unless clearly indicated to the contrary. Signs defined
in this section are not necessarily approved for use in the city.
An architectural projection that provides weather protection,
identity, and decoration, and is supported by the building to which
it is attached. It is composed of a lightweight rigid or retractable
skeleton structure over which a thin cover is attached which may be
fabric or other materials, and may be illuminated.
A temporary sign made of cloth, canvas, or other light fabric.
A canopy is a roof-like structure which shelters a use such
as, but not restricted to, a gasoline pump island, and is supported
by either one or more column or by the building to which it is accessory
and is open on two or more sides.
Any sign:
Where elements of the surface or background can be seen as viewed
from the normal viewing distance (intended viewing distance) to have
portions of the finished material or paint flaked, broken off, or
missing, or otherwise not in harmony with the rest of the surface;
Where the structural support or frame members are visibly bent,
broken, dented, or torn;
Where the panel is visibly cracked or, in the case of wood and
similar products, splintered in such a way as to constitute an unsightly
or harmful condition;
Where the sign or its elements are twisted or leaning or at
angles other than those at which it was originally erected (such as
may result from being blown or the failure of a structural support);
Where the message or wording can no longer be clearly read by
a person with normal eyesight under normal viewing conditions; or
Where the sign or its elements are not in compliance with the
requirements of the electrical code and/or the building code currently
adopted by the city.
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting of signs on the exterior surface
of a building or structure.
The surface of the sign upon, against, or through which the
message is displayed or illustrated on the sign.
A piece of cloth, canvas, or other light fabric, usually
rectangular in shape, containing a distinctive design or message that
is used as a symbol or to signal or attract attention.
That building face which is the primary access into a building
or lease space, as determined by the building official. The determination
of front face applicable to building spaces within a multiple-occupancy
building shall include all building frontage that is integral to the
lease space and constructed as storefront for the purpose of visibility
and/or access. The area of the front building face shall be height
of the vertical plane from the ground to the top of the building times
the length of the front building face, exclusive of any architectural
features or roof lines, as determined by the building official.
The entire area within a single continuous perimeter enclosing
the extreme limits of each sign. A sign having information on two
(2) surfaces shall be considered as a single sign providing that the
surfaces are located back to back and contain identical copy. A sign
having information on two (2) or more surfaces with different copy
shall be calculated as the sum of all portions and evaluated as a
single sign. In the event two (2) or more signs share a single structure,
i.e., directory signs, or signs on V-shaped structures, each sign
or panel shall be considered separately for square footage purposes,
provided that the combined area of such signs cannot exceed the total
square footage allowed on a single sign.
The height of a sign shall be measured from an average elevation
of the finished grade along the area of sign installation, excluding
any artificial berming, to the highest point of the sign.
Any sign which has characters, letters, figures or designs
illuminated by electric lights, luminous tubes or other means that
are specifically placed to draw attention to, or to provide nighttime
viewing of, the subject matter on the sign face. These lights shall
not interfere with traffic or surrounding land use.
Any material that will not ignite at or below a temperature
of twelve hundred degrees Fahrenheit (1200 F), and will not continue
to burn or glow at that temperature.
Any formalized design or insignia of a company or product
that is commonly used in advertising to identify that company or product.
The retainer, battens, cappings, nailing strips, latticing,
and platforms that are attached to the sign structure.
Means that the sign to which it refers must reflect goods,
products, or services provided at a location other than where the
sign is placed.
Means that the sign to which it refers must reflect those
goods, products, or services provided at the location on which the
sign is placed.
Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in a series, designed to move in the wind.
A sign intended to be used for a period of longer than six
(6) months.
A lot or unplatted tract or combination of contiguous lots
or tracts if under single ownership as reflected in the plat records.
An apparatus capable of projecting a beam or beams of light
in excess of two (2) million peak candlepower or 250,000 lumen.
A line defining an area on the site between the existing
street right-of-way or future right-of-way, whichever is greater,
and the line within which no sign shall be constructed, encroach,
or project except as specifically authorized by this article.
Any medium, including its structure and component parts,
which is used or intended to be used to attract attention to the subject
matter. A sign may include but is not limited to any device, display,
flag, banner, pennant, beacon, insignia, name, number, identification,
illuminated translucent panel, or any other medium that is determined
to be a sign.
Any sign without a current, valid permit, deserted, surrendered,
or forsaken, cessation of use, given or relinquished with intention
of never resuming a right or interest therein.
Any sign that promotes or advertises commodities or services
not limited to being offered on the premises on which such signs are
located. Advertising signs may be designed to provide a changeable
copy.
Any sign identifying the farm or ranch on which it is placed
and advertising the produce, crops, animals, or poultry raised or
quartered thereon.
Any sign identifying an apartment building or complex of
apartment buildings.
Any awning displaying a business name or logo.
Any pole sign having a face exceeding one hundred (100) square
feet, and which promotes or advertises commodities or services available
at a location other than where the sign is located, and shall include
those signs whose message space is available for lease, rent or hire.
A sign that identifies or advertises any business, profession,
service, product or activity conducted, sold or offered.
Any temporary sign identifying the property owner, decorator,
or financier engaged in the design, construction, or improvement of
the premises on which the sign is located.
Any temporary, on-site promotional sign pertaining to the
development of land or construction of buildings. In residential districts,
the intent of the sign shall be to promote the subdivision and shall
not display the name of any builder.
A temporary sign that is limited, exclusively, to the identification
of a specific premises, occupancy, or owner of said premises located
elsewhere, and which tells the location of and/or route to said premises
or occupancy.
Any sign listing the occupants within shopping centers, industrial
sites, retail districts, office districts, and commercial sites. The
name of the center or district may be included on the sign.
Any temporary, promotional sign for the sale of personal
household goods in a residential zoning district or on the property
of a nonprofit organization.
Any sign which is used to identify a business, profession,
service, product or activity conducted, sold, or offered on the premises
where such sign is located.
Any sign that is used to identify shopping centers, industrial
sites, retail districts, and commercial sites. These signs are not
intended to identify individual businesses or activities within a
center or district.
Any sign used to identify schools, churches, hospitals and
similar public or quasi-public buildings or institutions.
Any permanent structure that is attached to and supported
by a building and that projects outward from the building.
Any temporary sign identifying a new home, either furnished
or unfurnished, as being the builder’s or contractor’s
model open to the public for inspection.
Any permanent low-profile sign built on a monument base as
opposed to a pole sign.
Any sign that identifies a park, entrance to the city, place
of interest within the city, and city-sponsored event, or any municipally
owned facility. A municipally owned sign does not include traffic
or street identification signs.
Any sign that no longer serves a bona fide use or purpose.
Any sign that is erected on a vertical framework consisting
of one (1) or more uprights supported by the ground.
Any sign promoting a political issue or a particular candidate’s
or party’s bid for elective office.
Any sign that is not permanently attached or affixed to the
ground, a building, or other fixed structure or object. Portable signs
include those signs installed on wheels, trailers, skids, and similar
mobile structures.
Any sign, except an awning, that projects perpendicularly
from a building and that has one end attached to a building or other
permanent structure.
Any temporary sign pertaining to the sale or rental of property
and advertising property only for the use for which it is legally
zoned.
Any sign erected upon or above a roof or parapet of a building
or structure.
Any freestanding sign identifying a residential subdivision
and located on-site.
Any sign attached to an approved masonry screening wall.
Any sign used for traffic-control purposes.
Any sign that fails to meet the conditions of this article
or any sign deemed inappropriate by the city.
Any freestanding sign constructed of two (2) panels in the
form of a “V”, when seen from above, with a maximum angle
between the panels of forty-five (45) degrees.
Any sign erected flat against an exterior wall, supported
by the wall, and having the sign face parallel to and not more than
twelve (12) inches from the wall surface. Neon tubing attached directly
to a wall surface shall be considered a “wall sign” when
forming a border for the subject matter, or when directing attention
to the subject matter, or when forming letters, logos, or pictorial
designs.
Any sign, banner, poster, or display located on the internal
surface of the window of any establishment which advertises services,
products, or sales available within said establishment or which announces
opening of said establishment.
The horizontal distance between a sign and the front or side
property line, as measured from that part of the sign, including its
extremities and supports, nearest to any point on any imaginary vertical
plane projecting vertically from the front or side property line.
Where one street intersects with another, the “sight
visibility triangle” is the triangular area formed by extending
two curb lines a distance of forty-five (45) feet from their point
of intersection, and connecting these points with an imaginary line,
thereby making a triangle. If there are no curbs existing, the triangular
area shall be formed by extending the property lines a distance of
thirty (30) feet from their point of intersection, and connecting
these points with an imaginary line, thereby making a triangle. Where
a street intersects with an alley or driveway, the “sight visibility
triangle” is the triangular area formed by measuring eight (8)
feet to a point along the property lines and joining said points to
form the hypotenuse of the triangle.
A period of six (6) months, or until the advertised event
is concluded, whichever comes first. If the sign is required for a
longer period of time, then reapplication must be made.
(Ordinance 2003-04-01, sec. 1, adopted 4/3/03)
(a)
Persons responsible.
The permit owner, owner, agent,
person or persons having the beneficial use of the sign, the owner
of the land or structure on which the sign is located, and the person
in charge of erecting the sign are all subject to the provisions of
this article and are subject to the penalty provided for the violations
of this article.
(b)
Penalty.
Any person or organization found to be in violation of any provision of this article shall be deemed guilty of a class C misdemeanor and shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense, and each day or portion thereof that the violation of this article continues shall constitute a separate offense.
(Ordinance 2003-04-01, sec. 18,
adopted 4/3/03; Ordinance adopting
2018 Code)
The city inspector shall inspect annually, or at such other
times as he or she deems necessary, each sign 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.
(Ordinance 2003-04-01, sec. 12,
adopted 4/3/03)
Any sign which the city determines no longer serves a bona fide
use conforming to this article shall be removed by the owner, agent
or person having the beneficial use of the land, building or structure
upon which the sign is located after receipt of written notification
from the city secretary. It shall be unlawful for any person, firm
or corporation receiving such written notice to fail to comply with
the direction of the notice, and in the event of failure to comply
with such notice, the city is hereby authorized to cause removal of
such signs, and any expense incident thereto and a fine shall be paid
by the owner of the land, building or structure to which such sign
is attached or upon which it is erected. Conditions and fees are as
specified:
(Ordinance 2003-04-01, sec. 13,
adopted 4/3/03)
If the city shall determines that any sign is unsafe or insecure,
or is a menace to the public, they shall give written notice to the
person or persons responsible for such sign. If the permittee, owner,
agent or person having the beneficial use of the premises fails to
remove or repair the sign within ten (10) days after written notification
to do so from the city secretary, it shall be unlawful for any person,
firm or corporation receiving such written notice to fail to comply
with the direction, and in the event of failure to comply with such
notice, the city is hereby authorized to cause removal of such sign,
and any expense incident thereto, along with a fine of $50.00 or $1.00
per square foot, whichever is greatest, shall be paid by the owner
of the land, building or structure to which such sign is attached
or upon which it is erected, [and] such removal is not positive defense
for failure to comply with the written directive.
(Ordinance 2003-04-01, sec. 14,
adopted 4/3/03)
(a)
The
city council may authorize variances to any restriction set forth
in this article, including but not limited to the number, type, area,
height or setback of signs, or any other aspect involved in the sign
permitting process.
(b)
In
granting any variance, the city council shall determine that a literal
enforcement of the sign regulations will create an unnecessary hardship
or a practical difficulty on the applicant, that the situation causing
the unnecessary hardship or practical difficulty is unique to the
affected property and is not self-imposed, that the variance will
not injure and will be wholly compatible with the use and permitted
development of adjacent properties, and that the granting of the variance
will not be contrary to the public interest and will be in harmony
with the spirit and purpose of this article of the code.
(c)
A
person may request a variance from the sign regulations by filing
the request with the city secretary.
(d)
Any
request for variance shall be accompanied by a completed application
and a nonrefundable filing fee in the amount specified in the current
fee schedule adopted by the city council.
(Ordinance 2003-04-01, sec. 15,
adopted 4/3/03; Ordinance 2023-01-02 adopted 1/17/2023)
(a)
The
primary alternating current wiring on all signs shall comply with
the National Electrical Code specifications. All secondary transformed
power shall be self-contained within the sign structure. Individual
lighted letters not containing secondary wiring and components are
to be mounted on a common metal channel and all secondary wiring and
components shall be contained within the common metal channel.
(b)
Both
channel and letters must contain weep holes to drain water; each hole
shall not be larger than one-half inch (1/2"), nor smaller than one-fourth
inch (1/4"). No combustible materials other than approved plastics
shall be used in the construction of any sign containing electrical
wiring.
(Ordinance 2003-04-01, sec. 6, adopted 4/3/03)
(a)
Applicability.
All signs located or to be located within
the city shall conform to the general provisions set forth in this
section. The city may authorize additions to the approved signs list
upon request. All permanent signs shall be professionally made and
of professional appearance.
(b)
Approved permanent signs.
(1)
Freestanding signs.
(A)
All on-site, permanent, freestanding directory signs, agricultural
signs, general business signs, identification signs, and apartment
signs shall be monument signs.
(B)
Monument signs shall be level with the ground and shall not exceed
six feet (6') in height. For businesses that have entrances on two
streets, a sign may be erected on each street; however, both signs
combined may not exceed the total square footage allowed for frontage
size. The following standards shall be used:
|
Frontage
|
Maximum Area
|
|---|---|
|
120 - 240 feet
|
18 sq. ft.
|
|
240 - 480 feet
|
96 sq. ft.
|
|
480 feet and beyond
|
150 sq. ft.
|
(C)
At the discretion of the city and sign owner, the city may replace
any nonconforming freestanding signs at no cost to the owner.
(2)
Marquee signs.
Marquee signs erected on the face of a marquee shall be built as an integral part of the marquee. Such sign faces shall not have a vertical height of more than four feet (4') nor exceed fifty percent (50%) of the width of such building or store frontage. Vertical clearance shall be subject to the requirements of the projection over private property section (subsection (b)(5)). No sign shall be allowed to overhang public property unless such sign has been approved by the city council.
(3)
Wall signs.
There may be one sign per building that
is permanently affixed to the building, not in any part mounted above
the highest part of the building. The allowable size of the sign is
as follows:
|
Business Size
|
Sign Size
|
|---|---|
|
Up to 1500 sq. ft.
|
24 sq. ft.
|
|
1501 - 3000 sq. ft.
|
36 sq. ft.
|
|
3001 - 6000 sq. ft.
|
48 sq. ft.
|
|
6001 sq. ft. and beyond
|
60 sq. ft.
|
(4)
Projecting signs.
The horizontal portion of any projecting sign shall not be more than six feet (6') in length, not to exceed 12 square feet, measured from the building face, and shall not be closer than two feet (2') from the back of the curb line. The height of the sign shall not exceed two feet (2'). Such signs shall be an integral part of the architectural design of the building. Vertical clearance shall be subject to the projection over private property and awning requirements of this section (subsections (b)(5) and (6)).
(5)
Projection over private property.
Projections other
than awning or canopy signs over private property shall be allowed
over pedestrian sidewalks, walkways, and corridors, but not to exceed
the following:
|
Vertical Clearance
|
Maximum Projection
|
|---|---|
|
7 feet or less
|
3 inches
|
|
7 or 8 feet
|
12 inches
|
|
8 feet or more
|
4 feet
|
(6)
Awning signs.
An awning sign may extend the full length
of the wall of the building to which it is attached and shall be no
more than six feet (6') in height and shall not be placed less than
seven feet (7') above the walking surface below it. Artwork or copy
on awning signs shall be limited to a business name and/or logo and
shall not exceed twenty percent (20%) of the area of the awning and
shall extend for no more than fifty percent (50%) of the length of
the awning.
(7)
Canopy signs.
A canopy sign may be placed on or be an
integral part of the face of a canopy. The sign may consist only of
the name and/or logo of the business at the location of the canopy
and may be no greater in size than ten percent (10%) of the face of
the canopy of which it is a part of or to which it is attached, or
a maximum of twenty-five (25) square feet. An illuminated stripe may
be incorporated into a canopy. The stripe may extend along the entire
length of the face of the canopy. The width or thickness of the stripe
shall be limited to one-third (1/3) of the vertical dimension of the
face of the canopy. The internal illumination of a canopy is limited
to the portions of the canopy face on which a sign or stripe is permitted.
(8)
Agricultural signs.
Agricultural signs, limited to advertising
produce, crops, or animals raised on a farm, may be erected in any
Agricultural zoning district, with a required setback of thirty feet
(30') from the front and side property lines. Spacing between signs
shall be a minimum of two hundred feet (200'). Agricultural signs
shall be freestanding signs.
(9)
Apartment signs.
Apartment signs may be erected in residential
zoning districts and shall not exceed thirty-six (36) square feet.
The required setback shall be three feet (3') from the front property
line and signs are limited to two (2) per apartment complex. Apartment
signs shall be freestanding signs.
(10)
Directory signs.
(A)
Directory signs shall be located a minimum of thirty feet (30') from
adjoining property lines on lots with two hundred feet (200') of frontage
and over, a minimum of 20 feet (20') on lots with over one hundred
feet (100') of frontage and less than two hundred feet (200') of frontage
and a minimum of ten feet (10') and less than [on lots with] one hundred
feet (100') of frontage or less and a minimum of sixty feet (60')
from any other freestanding sign.
(B)
In no case shall a separate directory sign and identification sign
be permitted on the same frontage. Both signs shall only be allowed
along the same frontage as one combined sign.
(C)
The allotment of the total allowed area shall be the responsibility
of the site owner; however, in no case shall any one tenant or business
be allowed more than fifty percent (50%) of the total allowed sign
area.
(D)
Directory signs shall be freestanding signs.
(11)
General business signs.
(A)
General business signs may be erected in nonresidential zoning districts.
General business signs shall be freestanding signs. The required setback
shall be eight feet (8') from the front property line and shall be
located a minimum of six feet (6') from adjoining private property
lines and a minimum of sixty feet (60') from any other freestanding
sign.
(B)
General business signs shall be constructed of materials that are
not subject to deterioration when exposed to the weather. Internally
illuminated general business signs must be constructed of incombustible
material or approved plastics.
(12)
Identification signs.
(A)
Identification signs shall be located a minimum of thirty feet (30')
from adjoining property lines on lots with two hundred feet (200')
of frontage and over, a minimum of twenty feet (20') on lots with
over one hundred feet (100') and less than two hundred feet (200')
of frontage, and a minimum of ten feet (10') on lots with one hundred
feet (100') or less and a minimum of sixty feet (60') from any other
freestanding sign.
(B)
In no case shall a separate directory sign and identification sign
be permitted on the same frontage. Both signs shall be allowed along
the same frontage as one combined sign. Identification signs shall
be freestanding signs.
(13)
Institution signs.
Institution signs may be erected
in nonresidential and residential zoning districts, and shall be freestanding
signs. Required setback shall be fifteen feet (15') from the front
property line and institution signs are limited to one (1) per street
front.
(14)
Subdivision signs.
Upon approval of the city council,
a residential subdivision sign may be placed upon city right-of-way.
Any such approved residential subdivision sign shall meet all other
terms and provisions of this article. Any approved residential subdivision
sign must be provided permanent maintenance through a designated viable
homeowners’ association or other approved responsible party.
The city retains the right to remove, at the owner’s expense,
any such sign that is not maintained under the terms of this article.
Subdivision signs may not exceed thirty-two (32) square feet. Signs
are limited to two (2) per subdivision entryway. Subdivision signs
shall be either wall mounted or freestanding. Freestanding subdivision
entry signs shall only be allowed in the absence of subdivision wall
signs or plaques.
(c)
Approved temporary signs.
(1)
Banner signs.
Temporary banner signs may be used for
advertisement of events, activities, products, or commodities as follows:
(A)
Banner signs for nonprofit agencies.
Off-site and on-site
temporary banner signs may be used to advertise activities or events
that are sponsored by a nonprofit or governmental agency or group
to benefit a program or activity of that agency or group under the
following conditions:
(i)
Nonprofit agencies submitting an application for a banner under
this section must provide a certificate of nonprofit status issued
by the Internal Revenue Service.
(ii)
No more than one (1) on-site and no more than two (2) off-site
banners may be erected for any specific event or activity for a period
not exceeding fourteen (14) days.
(iii)
Such banners shall not exceed sixty (60) square feet.
(iv)
Banners erected by nonprofit agencies under this section must
apply for a permit as prescribed by this article, but shall be exempt
from the permit fee requirements.
(v)
The placement of such banners shall meet the terms of this article
and shall be maintained during the period of time they are erected.
Banner signs proposed under this section may be placed in or over
public rights-of-way only upon approval of the city and all applicable
public agencies. The city may remove any banner signs not adequately
maintained over public right-of-way.
(vi)
Banners with expired permits must be removed within twenty-four
(24) hours of the permit expiration.
(B)
Banner signs for all other advertising purposes.
On-site
temporary banners are hereby authorized under the following conditions:
(i)
Banners shall not exceed sixty (60) square feet in area and
shall not be allowed in single-family residential districts.
(ii)
Banners shall be securely attached to the front or side of a
building structure.
(iii)
Banners shall only advertise specific on-site special events,
products, or commodity promotions or grand openings or shall provide
leasing information. Banners will not be used for general advertising
purposes.
(iv)
Banner permits will be valid for a period not to exceed thirty
(30) days and additional banner permits for the same location will
not be issued for a period of thirty days from the expiration date
of the previous permit. Only two banner permits shall be allowed per
business per calendar year.
(v)
Banners with expired permits must be removed within twenty-four
(24) hours of the permit expiration.
(2)
Construction signs.
Construction signs may be erected
in nonresidential and residential zoning districts and shall not exceed
thirty-two (32) square feet with a maximum height of fifteen feet
(15'). The required setback shall be twenty feet (20') from the front
property line and signs are limited to one per street front. A construction
sign shall be removed prior to the issuance of a certificate of occupancy
or in the case of a dwelling prior to the final building inspection.
Construction signs at sales offices in residential subdivisions may
remain until the certificate of occupancy for the office is invalid.
(3)
Development signs.
Development signs may be erected
in nonresidential and residential zoning districts, and shall not
exceed one hundred (100) square feet. Such signs must be related only
to the property on which they are located. Maximum height of a development
sign shall be twenty feet (20'). The required setback for a development
sign shall be thirty feet (30') or the required building line if less
than thirty feet (30'). Each development may have one (1) such sign
or one for each fifty (50) acres. A development sign must be removed
when the project is ninety percent (90%) complete. In the case of
a commercial project, ninety percent (90%) complete means when a certificate
of compliance is issued for a shell building. For a residential project,
ninety percent (90%) complete means when ninety percent (90%) of the
subdivision is permitted.
(4)
Model home signs.
Model home signs may be erected in
residential zoning districts and shall not exceed sixteen (16) square
feet with a maximum height of six feet (6'). The required setback
shall be fifty percent (50%) of the distance between the front property
line and the building, but no less than ten feet (10') from the front
property line. Model home signs are limited to one (1) per premises.
Each builder in a subdivision may have one (1) model home sign and
the permit for such sign shall be granted for a period of time to
coincide with the validity of the model home’s certificate of
occupancy.
(5)
Political signs.
Special purpose political signs may
be erected at any occupancy or upon any premises, provided such signs
comply with all other applicable requirements of this article.
(A)
Special purpose political signs may be erected forty-five (45) days
prior to any primary, general, runoff, special or local election and
shall be removed within ten (10) days after the general, runoff, special
or local election or after the termination of a candidacy, whichever
occurs first.
(B)
Special purpose political signs on any property are limited to one
grouping, limited to the number of candidates running for a particular
office with only one sign per candidate or special issue.
(C)
Persons wishing to place special purpose political signs on commercial
property must have the written property owner’s approval on
file with city hall prior to placement of signs.
(D)
Persons wishing to place special purpose political signs on multifamily
property must have written approval of the property manager or homeowners’
association on file with city hall prior to placement of signs.
(E)
For purposes of this section, “grouping” is defined as
an area not exceeding one hundred (100) square feet and contained
within the same lot.
(F)
There is no limit placed on the total number of standard-sized political
signs within the city, defined as no greater than three (3) square
feet. However, only three signs larger than standard-sized political
signs are allowed per candidate within the town, with the maximum
size of any such sign being twenty-four (24) square feet.
(6)
Promotional signs.
Promotional signage described in
subsection (A) below is allowed for two (2) two-week periods per calendar
year per legal business. A two-week period will commence on the first
day promotional signage is displayed. The two two-week periods shall
not occur in the same or consecutive months. A legal business shall
include any commercial, industrial, or institutional use for which
the city has issued a certificate of occupancy. In the case of a special
promotion for a grand opening celebration, one (1) period may be extended
to a three-week period provided the promotion commences within the
first three (3) months of the date of issuance of a certificate of
occupancy and the grand opening is limited to the address noted on
the certificate of occupancy.
(A)
Promotional signage may include banners, flags, pennants, streamers,
balloons, inflatable signs, and any legal signs allowed by the previous
provisions. Any device described as promotional signage shall not
exceed an overall height of thirty-five feet (35').
(B)
A separate permit is required for each two-week period promotional signage will be used. If any device described as promotional signage in subsection (A) above is installed prior to issuance of a permit, an investigative fee will be assessed in addition to the permit fee.
(C)
Promotional signage shall be contained on the on the property of
the legal business and shall not extend into the city right-of-way.
Signage shall not be located in any sight visibility triangle nor
shall any combustible materials be placed in contact with lighted
signs or any electrical fixtures.
(7)
Real estate signs.
(A)
A person may erect and display homebuilder/real estate directional
signs on public property, subject to the following provisions:
(i)
Signs may be displayed between the hours of noon Friday and
noon of the next following Monday. On weekends when Friday of such
weekend is a legal holiday, signs may be displayed between the hours
of noon Thursday and noon of the following Monday. On weekends when
the next following Monday is a legal holiday, signs may be displayed
between the hours of noon Friday and noon of the next following Tuesday.
However, no person may erect signs between the hours of 4:00 p.m.
and 6:00 p.m.
(ii)
Signs shall not exceed five (5) square feet in area. Except
as provided herein, no sign shall exceed thirty-six inches (36") in
height as measured from ground level.
(iii)
Signs shall not be placed within any median, or closer than
three feet (3') to the curb or to the edge of the street pavement.
Signs shall be spaced a minimum of fifteen feet (15') from any adjacent
real estate directional sign.
(iv)
Signs of any real estate owner or broker less than one (1) mile
from the site advertised shall not be less than five hundred feet
(500') apart and signs more than a mile from the site advertised shall
not be less than 1,500 feet apart. No sign shall be more than three
(3) miles from the site advertised.
(v)
A homebuilder/real estate directional sign shall not advertise
any site located outside the city limits.
(vi)
Signs shall not be placed so as to obstruct the vision of passing
motorists, nor placed in medians.
(vii)
Dented, faded, or unmaintained signs are prohibited.
(viii)
Signs shall not be artificially illuminated.
(ix)
If a person placing or removing signs stops a vehicle on a street,
in other than a legal parking space, he shall use and display emergency
flashing or revolving lights, in addition to normal vehicle emergency
flashing lights.
(x)
Signs erected or displayed contrary to the provisions of this section may be removed by employees and agents of the city, and either stored or destroyed, without liability to the city or its agents or employees. The owner of any sign confiscated by the city may claim the sign, if it remains in the custody of the city, upon payment to the city of fines as specified in section 4.05.004 of this article. The payment of the fine does not work as a defense of any sort of a prosecution under this section.
(B)
“For Sale” real estate signs in residential districts
may erect one sign not exceeding eighteen (18) square feet in inclusive
area per exposed side or face, such sign indicating an offering of
property rental(s) or sale(s); any sign identifying a real estate
agent or manager must be combined within the permitted area of the
sign describing or listing the sale or rental of such property.
(C)
Real estate signs in nonresidential zoning districts shall not exceed
thirty-two (32) square feet with a maximum height of fifteen feet
(15'). The required setback shall be eight feet (8') from the front
property line and signs are limited to one per street front.
(D)
Real estate signs shall be removed upon the sale of the property.
(Ordinance 2003-04-01, sec. 16,
adopted 4/3/03)
Prohibited signs and standards:
(1)
Obscene matter.
It shall be unlawful for any person
to display upon any sign any obscene, indecent, or immoral matter.
(2)
Obstructing door, window, etc.
It shall be unlawful
for any person to erect, relocate, or maintain a sign to prevent free
ingress from any door, window, standpipe or fire escape.
(3)
Obstructing or interfering with traffic.
It shall be
unlawful to erect, relocate or maintain any sign in such a manner
as to obstruct free and clear vision at any location where, by reason
or position, size, movement, shape, color, flashing, manner or intensity
of illumination, such sign may interfere with vehicular or pedestrian
traffic. Further, it shall be unlawful to erect or maintain any sign
in such a manner as to interfere with, obstruct the view of, or be
confused with any authorized traffic sign, signal, or device. Accordingly,
no sign shall make use of the words “Stop,” “Go,”
“Look,” “Slow,” “Danger,” or any
other similar word, phrase, symbol, or character or employ any red,
yellow, orange, green or other colored lamp or light in such a manner
as to cause confusion to or otherwise interfere with vehicular or
pedestrian traffic.
(4)
Signs on vehicles or mobile structures; A-frame or sandwich board
signs.
(A)
It shall be unlawful to attach any sign to a trailer, skid, or similar
mobile structure, where the primary use of such structure is to provide
a base for such sign or constitute the sign itself.
(B)
Signs attached to or upon any vehicle shall be prohibited where any
such vehicle is allowed to remain parked in the same location, or
in the same vicinity, at frequent or extended periods of time, where
the intent is apparent to be one of using the vehicle and signs for
the purposes of advertising an establishment, service, or product.
Vehicles operating under a city franchise shall be excluded from this
provision.
(C)
A-frame signs and sandwich-board signs are prohibited and unlawful.
(5)
Advertising by use of object other than sign; banners, flags, etc.
(A)
No person shall place on, or suspend from, any building, pole, structure,
sidewalk, parkway, driveway, or parking area, any goods, wares, merchandise,
or other advertising object or structure for the purpose of advertising
such items other than a sign, as defined, regulated, and prescribed
by this article, except as otherwise allowed by article.
(B)
No cloth, paper, banner, flag, device, or other similar advertising
matter shall be permitted to be attached to, suspended from, or allowed
to hang from any sign, building or structure, except for one period
not to exceed two (2) weeks, twice during a calendar year.
(6)
Marking or attaching sign on sidewalk, utility pole, etc.
No person shall attach any sign, paper or other material or paint,
stencil or write any name, number (except house numbers) or otherwise
mark on any sidewalk, curb, gutter, street, utility pole, public buildings,
fence or structure except as otherwise allowed by ordinance.
(7)
Attaching sign to fence, public property, etc.; scattering handbills.
(A)
No person, firm, corporation, or association or persons shall paste,
stick, tack, nail, or otherwise place any matter or thing for political
advertising purposes upon any fence, railing, sidewalk, or public
telephone facility, or any other public property, including trees
thereon, or knowingly cause or to permit the same to be done for his/her
benefit.
(B)
It shall be unlawful for any person to scatter or throw any handbill,
circulars, cards, tear sheets, or any other advertising device of
any description, along or upon any street or sidewalk in the city.
(8)
Pole or ground signs on or over public property.
No
portion of any pole or ground sign shall be erected upon or over public
property, unless the same is erected by the city, or with the permission
of the city for public purposes.
(9)
Illuminated signs.
(A)
No sign shall be illuminated to such intensity or in such a manner
as to cause glare or brightness to a degree that it constitutes a
hazard or nuisance. Moving, flashing, intermittently lighted, changing
color, beacons, revolving or similarly constructed signs shall not
be allowed. Jump clocks showing time, temperature, and similar data
may be allowed.
(B)
No lighted sign shall be erected within one hundred and fifty feet
(150') of a residential district unless the lighting is shielded from
the view of the residential district.
(C)
Illuminated multiple messaging signs and illuminated and/or electronic
variable message signs are prohibited.
(10)
Balloons.
No person shall erect, maintain or permit
the erection of, for advertising purposes, any balloons, flags, pennants,
or other floating device anchored to the ground or to any other structure
within the city except as approved under promotional signage.
(11)
Billboards.
Prohibited and unlawful.
(12)
Roof signs.
Prohibited and unlawful.
(13)
Off-premises signs.
Signs advertising or promoting business,
offices, retail, commercial or any other use permitted by this article,
located at a place other than where the sign is physically located,
are prohibited.
(14)
Searchlights.
Searchlights will not be permitted within
the city limits.
(15)
Signs not specifically authorized.
Any additional signs
not authorized by this article are to be considered prohibited signs
unless granted a variance by the city.
(Ordinance 2003-04-01, sec. 17,
adopted 4/3/03; Ordinance
2019-10-01 adopted 10/15/19)
It shall be unlawful for any person to erect, replace, alter
or relocate any sign within the city without first obtaining a permit
to do so, except as may be hereinafter provided. A permit is not required
to repaint, repair, or resurface an existing sign.
(Ordinance 2003-04-01, sec. 2, adopted 4/3/03)
Every sign lawfully in existence on the date of passage of this
article may be repaired without applying for a permit hereunder, but
no such sign or sign facing shall be altered or moved unless a permit
be issued pursuant to the provisions of this article. In the case
where a sign facing is being replaced for the same business, a permit
is not required. Temporary permits granted prior to the passage of
this article shall be renewed only if the applicant complies with
all provisions of this article. Any nonconforming signs not in existence
will not be “grandfathered.”
(Ordinance 2003-04-01, sec. 3, adopted 4/3/03)
Application for a permit required by this article shall be made
upon forms provided by the city secretary, and shall contain or have
attached thereto the following information:
(1)
Sign
use classification.
(2)
Name,
address and telephone number of the applicant.
(3)
Name,
address, and telephone number of the owner.
(4)
Name,
address and telephone number of the person or firm erecting the sign.
(5)
A
plan drawn to scale showing the location of the building, structure
or tract to which or upon which the sign is to be attached or erected.
(6)
Position
of the sign in relation to nearby buildings or structures or other
related signs.
(7)
The
zoning classification carried by all property located within three
hundred feet (300') of the property subject to the application.
(8)
Two
(2) copies of plans and specifications showing materials, methods
of construction and attachment to the building or in the ground.
(9)
Copy
of stress sheets and calculations prepared by a registered engineer
showing that the structure is designed for dead load and wind pressure
from any direction, as may be required by this article.
(10)
Such other information as the city secretary may require to show
full compliance with this article and all other laws and ordinances
of the city and state.
(Ordinance 2003-04-01, sec. 4, adopted 4/3/03)
Application for a permit shall not be required for the following
signs; provided, however, that signs shall otherwise comply with all
other applicable sections of this article:
(1)
Signs
not exceeding eight (8) square feet in area, which advertise the sale,
rental or lease of the premises on which such signs are located.
(2)
Nameplates
not exceeding one (1) square foot in area.
(3)
Temporary
political signs and yard or garage sale signs set back at least ten
feet (10') from roads. Political signs must be on private property
and comply with all other applicable requirements of this article.
Yard and garage sale signs shall be a maximum of eight (8) square
feet and must be removed within two (2) days of the sale’s closing.
(4)
Memorial
signs or tablets, names of building and date of erection, when cut
into any masonry surface or when constructed of bronze or other noncombustible
materials.
(5)
Bulleting
boards not exceeding sixteen (16) square feet in area for public,
charitable, or religious organizations when the same are located on
the premises of the institution.
(6)
On-site
directional signs not exceeding eight (8) square feet provided such
directional signs do not contain advertising and are not used as such.
When such signs are illuminated, a permit must be obtained for the
electrical components of the installation.
(7)
Traffic
or street signs, legal notices, railroad crossing signs, danger, and
such emergency signs, governmental signs, and temporary or non-advertising
signs as may be approved by the city council.
(8)
Temporary
construction signs, not exceeding sixteen (16) square feet in area,
denoting the architect, engineer, or contractor only, when placed
upon premises under construction.
(9)
Flags,
emblems, and insignia of any governmental body and decorative displays
for holidays or public demonstrations that do not contain advertising
and are not used as such. In addition, a single flag, which shows
an emblem or logo of a firm or corporation, is allowed when it is
erected on a freestanding flagpole with a minimum setback of eight
feet (8') behind the property line.
(10)
Signs located inside a building and which are not displayed so as
to be visible from outside the building. Signs located in covered
mall buildings shall comply with the current building code and electrical
code.
(Ordinance 2003-04-01, sec. 5, adopted 4/3/03)
Providing that the applicant has complied with all provisions
of this article, and that the proposed sign complies with all provisions
of this article, the city secretary shall issue the sign permit to
the applicant.
(Ordinance 2003-04-01, sec. 8, adopted 4/3/03)
The city shall not issue a permit under the provisions of this
article to any person who has previously failed or refused to pay
any fees or costs assessed against him or her under the provisions
of this article or under the provisions of any other ordinance or
the fee ordinance of the city.
(Ordinance 2003-04-01, sec. 9, adopted 4/3/03)
If the work authorized by a permit issued under this article
has not been commenced within sixty (60) days after the date of issuance,
the permit shall become null and void.
(Ordinance 2003-04-01, sec. 10,
adopted 4/3/03)
The city may suspend or revoke any permit issued under the provisions
of this article whenever it has been determined that the permit is
issued in error or on the basis of incorrect or false information
supplied or whenever such permit is issued in violation of any of
the provisions of this article or any other ordinance of the city
of laws of the state or federal government. Such suspension or revocation
shall be effective when communicated in writing to the person to whom
the permit is issued, the owner of the sign, or the owner of the premises
upon which the sign is located.
(Ordinance 2003-04-01, sec. 11,
adopted 4/3/03)
