The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Advertising sign.
A sign relating to a business, use or service not conducted on the premises upon which the sign is placed, or a product not sold, handled, produced or fabricated on the same premises upon which the sign is placed.
Agricultural sign.
A sign in the agricultural district located on a lot, farm or ranch on which livestock or crops are raised, which signs identify the type of livestock or crop being raised on such lot, farm or ranch.
Apartment name sign.
An accessory sign for the identification of an apartment building or complex of apartment buildings. An apartment name sign shall not exceed 40 square feet in area and shall not be of the flashing intermittently lighted type.
Building official.
The officer or other person within the city charged with the administration and enforcement of this section.
Commercial billboard.
A structure directly attached to the land or a building, having one or more spaces used to display a sign or advertisement, is leased or rented, and does not advertise the principal business located on such premises.
Construction sign.
A temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagor engaged in the design, construction or improvement of the premises on which the sign is located. In a residential district, a construction sign shall not exceed 30 square feet in area.
General identification sign.
Any sign erected to identify a retail or commercial complex or a single establishment.
Ground sign.
Any sign which is erected on a vertical framework consisting of two or more uprights, permanently attached to and supported by the ground.
Illuminated sign.
A sign lighted by or exposed to artificial lighting, either by lights on the sign or directed toward the sign.
Institutional sign.
A sign:
(1) 
Listing church services; or
(2) 
A directory sign identifying the use of or listing the names, use and location of various services, offices or activities within a building or group of buildings of a public or semi-public use, a charitable use or a medical center.
Marquee sign.
Any sign erected on a marquee or fixed awning.
Parapet wall sign.
Any sign erected on the top surface of a parapet wall.
Person.
Any person, firm, partnership, corporation, company or organization of any kind.
Personal property sale sign.
A temporary sign advertising personal property for sale on the premises on which the sign is located.
Pole sign.
Any sign supported by a single freestanding pole permanently attached, and having no guys or braces to the ground or to any structure other than the pole.
Political sign.
A sign:
(1) 
Relating to the election of a person to a public office;
(2) 
Relating to a political party; or
(3) 
Relating to a matter to be voted upon at an election called by a public body.
Portable sign.
Any sign not permanently attached to the ground or to a building or structure.
Projecting sign.
Any sign, which projects from a building and has one end attached to a building or other permanent structure.
Real estate directional sign.
A temporary sign directing the public to homes for sale within the city, not exceeding four square feet in area.
Real estate sign.
A temporary sign placed upon property advertising that particular property for sale, for rent, or for lease.
Roof sign.
Any sign erected on a vertical framework supported by and located immediately and entirely over the roof of a building.
Sign.
In addition to its usual definition, any structure erected for the purpose of advertising or attracting attention to any business or activity and shall include exterior neon tubing, window signs and outline lighting.
Temporary real estate sign.
A sign not exceeding three square feet in area on which appears the name of the real estate company or home owner and a directional arrow, and necessary wording to identify purpose. A maximum of four signs for temporary real estate.
Wall sign.
Any sign erected flat against a wall, supported by the wall and having the sign face parallel to and not more than 12 inches from the wall surface. Neon tubing attached directly to a wall surface shall be considered a wall sign.
Window signs and outline lighting.
Any neon sign or tubing installed on the inside of a window, other than interior merchandising signs of the plug-in-type.
(Ordinance 2003-12, sec. 1, adopted 11/10/03; 2007 Code, sec. 62-1)
The provisions of this article shall apply and shall be enforceable within the territorial limits of the city and the extraterritorial jurisdiction of the city, as such may now or hereafter exist.
(Ordinance 2003-12, sec. 2, adopted 11/10/03; 2007 Code, sec. 62-2)
All ordinances heretofore adopted by the city regulating the erection, structure, size location, and placement of all signs and advertisements shall be and are hereby made applicable to all properties and land within the extraterritorial jurisdiction of the city in addition to the corporate and territorial limits of the city to the extent that such regulations are applicable to outdoor signs, and the city does hereby extend the provisions of said outdoor sign regulatory ordinance to the city’s area of extraterritorial jurisdiction.
(Ordinance 2003-10, sec. 2, adopted 8/25/03; 2007 Code, sec. 18-36)
No sign of any character other than those listed in this section shall be erected on the ground, or suspended from or attached to any building or structure, until a permit for such work has been issued by the building official or other person within the city charged with the administration and enforcement of this article.
(1) 
Real estate signs.
Real estate signs; provided, however, that such signs are placed on the property being advertised for sale, rent or lease, such signs are not located or placed on any street right-of-way, and not more than two such signs shall be allowed of no more than 48 square feet.
(2) 
Project signs.
Realtors/developers/builders offering residential or business property in parcels or lots for sale are granted special permission to erect project signs, not exceeding 100 square feet in area, or 15 feet in height. One sign per 100 acres is authorized. All signs must be removed when 80 percent of the lots or parcels have been sold.
(3) 
Construction signs.
Permission is granted for temporary construction signs, not exceeding 36 square feet in area, no closer than 25 feet to any street right-of-way line, providing that such signs shall not be erected prior to the issuance of the building permit for the project the signs pertain to. Such sign may be erected only during the duration of the construction on the property.
(Ordinance 2003-12, sec. 3A, adopted 11/10/03; 2007 Code, sec. 62-3)
A permit shall not be required for any of the following types of signs:
(1) 
Temporary construction signs.
Temporary construction signs designating the architect, engineer or contractor or other facts relating to the structure under construction no larger than eight square feet. A maximum of four signs per temporary construction.
(2) 
Signs erected by municipal, state, or federal government.
Signs erected by municipal, state, or federal government for the purpose of public instruction, street or highway designation, control of traffic and similar uses incidental to the public interests.
(3) 
Personal property sale signs.
Permission is granted as a special privilege for dwelling occupants for the erection of nonilluminated, personal property sale signs to be erected in the required front yard of dwellings, no closer than 15 feet to any street curbline; provided that only one such sign not exceeding three square feet may be erected on the dwelling premises, but shall be limited to display of such signs a maximum of seven days in any calendar year.
(4) 
Temporary real estate signs/directional signs.
Permission is granted as a special privilege to homebuilders and realtors to erect temporary, nonilluminated real estate/directional signs for weekend advertising. Signs shall not be placed earlier than 1:00 p.m. Friday and shall be removed no later than 1:00 p.m. on the following Monday. Such signs and their placement must be approved by the building official or city secretary prior to placement, must not be located on or within a street right-of-way, and may not be clustered with other signs such that more than two such signs are located within 20 feet of another such sign. Maximum of four signs per development within the city limits.
(5) 
Political signs.
Permission is granted as a special privilege to candidates for political office to erect temporary, nonilluminated political signs, not exceeding six square feet in area, on private property with consent of the property owner, no closer than ten feet to any street curb. Such signs must be removed within five days after the election.
(6) 
Grand opening or special sales signs.
Permission is granted as a special privilege to any business in a properly zoned area to display flags, banners, balloons, and portable signs for a period not exceeding four weeks in any calendar year in connection with the grand openings or special sales being conducted by said business. The building official must approve such signs and their placement. Such flags, banners, balloons, and portable signs may be erected and maintained only during such four-week period.
(7) 
Political signs on vehicles.
Permission is granted as a special privilege for the placement of political signs, as defined in section 3.05.001, in or upon a motor vehicle if such sign does not exceed six square feet in area and does not project from the front, side or rear surfaces of such vehicles. Said signs shall not be illuminated and must be removed within five days after the election.
(Ordinance 2003-12, sec. 3B, adopted 11/10/03; 2007 Code, sec. 62-4)
(a) 
No sign shall be altered, rebuilt, enlarged, extended, replaced or relocated, nor shall sign faces be renewed or neon tubing be rearranged when the value of such work exceeds $50.00, except upon the issuance of a permit by the building official, and all work under such permit shall be in conformity with the requirements of this article.
(b) 
The changing of moveable parts of signs which are designed for changing, or the repainting of display matter, or the repairing of damaged neon tubing while a sign is in place shall not be deemed to be alterations.
(Ordinance 2003-12, sec. 4, adopted 11/10/03; 2007 Code, sec. 62-5)
(a) 
All illuminated signs shall be wired in accordance with the requirements of the current electrical code.
(b) 
No sign shall be illuminated to an intensity to cause glare or brightness to a degree that could constitute a hazard or nuisance.
(Ordinance 2003-12, sec. 5, adopted 11/10/03; 2007 Code, sec. 62-6)
In order to obtain and secure reasonable traffic safety, it shall be unlawful for any person to erect or maintain any sign in such manner as to obstruct free or clear vision or at any location where by reason of position, shape, color, degree, manner or intensity of illumination, it may interfere with vehicular or pedestrian traffic. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely 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 words, phrases, “Stop” or “Go” symbols or characters or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to interfere with, mislead or confuse traffic.
(Ordinance 2003-12, sec. 7, adopted 11/10/03; 2007 Code, sec. 62-7)
Billboards are prohibited in the territorial and extraterritorial jurisdiction of the city.
(Ordinance 2003-12, sec. 7, adopted 11/10/03; 2007 Code, sec. 62-8)
The applicant for a permit under this section shall submit plans showing the sign location, size, type, height, construction materials, area and such other information as the building official shall require. When required by the building official, a registered professional engineer or architect shall prepare such plans.
(Ordinance 2003-12, sec. 8, adopted 11/10/03; 2007 Code, sec. 62-9)
(a) 
The fees for a sign permit shall be as follows:
(1) 
On site with building permit: $0.00.
(2) 
On site without building permit: $25.00.
(3) 
Off-site sign: $50.00.
(b) 
Permits shall be renewed on an annual basis, due on the anniversary of the issuance of the first permit.
(c) 
In case any work is started or proceeded with prior to obtaining a permit, the fee prescribed shall be doubled. The payment of such doubled fee shall not relieve any person from fully complying with the requirements of all laws and ordinances.
(Ordinance 2003-12, sec. 9, adopted 11/10/03; 2007 Code, sec. 62-10)
A permit for a sign shall expire if the work is not started within 60 days, or not completed within 120 days after work is commenced and a new permit shall be required before beginning or completing the work.
(Ordinance 2003-12, sec. 10, adopted 11/10/03; 2007 Code, sec. 62-11)
Any permit issued under this sign code shall be void if it is issued for a sign which conflicts with any provision of this article.
(Ordinance 2003-12, sec. 11, adopted 11/10/03; 2007 Code, sec. 62-12)
No person shall post, or cause to be posted, attach or maintain any sign upon:
(1) 
Any public right-of-way or public area unless specifically excepted herein;
(2) 
Any tree, public or private utility pole or structure, or any fence post;
(3) 
The outside of any fence, railing or wall, which is not a structure, except for a nameplate sign;
(4) 
On sidewalk, curb, gutter, or street, except for house numbers.
(Ordinance 2003-12, sec. 12, adopted 11/10/03; 2007 Code, sec. 62-13)
Portable signs shall be allowed in business districts only; provided that the structure is maintained in good repair and safe condition and that letters used to advertise services are not allowed to fall off, lean, or become unreadable, causing an unattractive appearance. Portable signs shall not have blinking or flashing lights, but may be illuminated from the inside. No portable signs shall be allowed in the central business district. Marquee signs, projecting signs, and wall signs shall be allowed in the central business district, as defined in the zoning ordinance of the city, as provided in exhibit A to chapter 14.
(Ordinance 2003-12, sec. 13, adopted 11/10/03; 2007 Code, sec. 62-14)
The building inspector shall make inspection of all signs.
(Ordinance 2003-12, sec. 14, adopted 11/10/03; 2007 Code, sec. 62-15)
(a) 
Ground signs, commonly known as painted bulletins or poster boards, shall not exceed a total of 50 feet above the nearest point of the natural grade immediately below the sign. All ground signs of any height shall be designed to withstand an assumed wind load of 20 pounds per square foot.
(b) 
Painted bulletin or poster boards shall be located entirely inside the building line.
(c) 
No ground sign shall be erected within six feet of any other structure on the same premises or on adjacent premises, nor within three feet of any adjoining property line, measured from any part of the sign in any direction.
(d) 
Any electrical devices on a ground sign within reach of persons on public property or property open to the public shall be protected by wire glass, safety glass, locked box of metal or wood or other approved method.
(Ordinance 2003-12, sec. 15, adopted 11/10/03; 2007 Code, sec. 62-16)
(a) 
Poles shall be of sufficient strength to withstand wind pressure and other loads and shall be set in concrete.
(b) 
The pole supporting any sign shall be erected on private property.
(Ordinance 2003-12, sec. 16, adopted 11/10/03; 2007 Code, sec. 62-17)
(a) 
Signs erected on the faces of a marquee and built as an integral part of a marquee shall be constructed entirely of incombustible materials. Attraction boards having interchangeable letters and built as an integral part of a marquee shall not exceed seven feet in height nor 30 feet in length.
(b) 
Marquee signs shall not project more than 12 inches beyond the face of the marquee nor within one foot back of any curb and shall be attached to the marquee so no water from the marquee roof may fall to the sidewalk from openings between the sign and the marquee.
(Ordinance 2003-12, sec. 17, adopted 11/10/03; 2007 Code, sec. 62-18)
(a) 
Wall signs shall be constructed entirely of incombustible materials except that nonilluminated wall signs may have frames, stiffeners, moldings, and cut-out letters of wood when such letters have not less than two points of attachment.
(b) 
Neon tubing, when placed directly on the face of an exterior wall, shall not be less than nine (9) feet above the grade immediately below.
(c) 
Building-Mounted Signs (General Business).
(1) 
Applicability.
This subsection shall apply to all building-mounted signs for non-residential uses located within the General Business zoning district.
(2) 
Frontage classification.
(A) 
Each building face shall be assigned one (1) primary frontage based on orientation and visibility, as follows:
(i) 
Primary facing SH 205.
(ii) 
Primary facing FM 550.
(B) 
The primary frontage shall be the building elevation most visible from the adjacent roadway and oriented toward the primary vehicular access or main entrance, as determined by the City Manager or designee.
(3) 
Maximum sign area.
(A) 
Primary facing SH 205.
Maximum sign area shall not exceed 1.25 square feet per one (1) linear foot of building face, not to exceed fifty-five (55) square feet.
(B) 
Primary facing FM 550.
Maximum sign area shall not exceed 0.75 square feet per one (1) linear foot of building face, not to exceed fifty-five (55) square feet.
(4) 
General standards.
(A) 
Only one (1) primary frontage classification shall apply per building face.
(B) 
A building or tenant space shall not utilize more than one frontage classification to calculate allowable sign area.
(C) 
One (1) building-mounted sign shall be permitted per building face.
(D) 
Maximum sign area shall apply per building face and shall not increase based on number of tenants or occupancy configuration.
(E) 
Buildings with frontage on multiple roadways shall not combine or stack frontage classifications to increase allowable sign area.
(F) 
Signage shall be placed on the primary frontage elevation as determined by the City Manager or designee.
(G) 
Placement of signage on secondary or side elevations for the purpose of increasing visibility from a higher-classified roadway is prohibited.
(H) 
Where a conflict exists between roadway classification and site orientation, priority shall be given to the elevation serving the primary customer-facing entrance.
(I) 
Secondary elevations shall not include building-mounted signage unless expressly permitted elsewhere in this Code.
(J) 
No individual sign shall exceed fifty-five (55) square feet per building face.
(K) 
Building-mounted signs shall not project more than twelve (12) inches from the face of the wall to which they are attached.
(5) 
Definitions.
Building face.
The horizontal linear width of an individual tenant space or single occupancy measured along the exterior wall of the primary frontage. For multi-tenant buildings, each tenant space shall be considered a separate building face.
Distance to right-of-way.
The shortest horizontal distance from the nearest point of the sign or building face to the adjacent public right-of-way line.
Sign area.
The total area within the smallest rectangle enclosing all elements of the sign, including letters, logos, and symbols.
Sign height.
The vertical distance measured from finished grade at the base of the building elevation directly below the sign to the highest point of the sign.
(6) 
Interpretation.
In the event of ambiguity regarding frontage classification or application of these standards, the City Manager or designee shall make the final determination consistent with the intent of this section.
(Ordinance 2003-12, sec. 18, adopted 11/10/03; 2007 Code, sec. 62-19; Ordinance 2026-08 adopted 5/12/2026)
The installation of any illuminated sign or neon tubing on the inside of any window shall conform to the requirements of the current city electrical code.
(Ordinance 2003-12, sec. 19, adopted 11/10/03; 2007 Code, sec. 62-20)
Real estate signs shall be removed within ten days after the property advertised is sold, leased, or rented.
(Ordinance 2003-12, sec. 20, adopted 11/10/03; 2007 Code, sec. 62-21)
The following types of signs are permitted for single-family, two-family, or multifamily residential purposes according to the official zoning ordinance as provided in exhibit A to chapter 14:
(1) 
Signs permitted in residential areas.
(A) 
Nameplates with a maximum area of two square feet and restricted to the name and address of the occupant only, one sign per address is permitted.
(B) 
Institutional signs not exceeding 32 square feet in area. Only one sign per street frontage. Maximum height shall not exceed 20 feet.
(C) 
Apartment signs are permitted in districts zoned for multifamily purposes only and the maximum area shall not exceed 40 square feet. One sign per street frontage will be permitted. All signs shall be fixed against the building.
(D) 
Real estate signs.
(E) 
Ranch, farm or residential signs which identify the name and/or address of the occupant, ranch or farm, which sign is located at above or near the primary entrance to the structure, not to exceed ten square feet in surface area, are permitted in districts zoned for residential or agricultural purposes.
(2) 
Signs permitted in business districts.
(A) 
Purpose and intent.
The City of McLendon-Chisholm adopts this subsection to preserve its rural and visual character, promote traffic safety, support high-quality design, and ensure consistency in commercial signage. This subsection is applicable to the "GB" General-Business zoning districts within the city limits of McLendon-Chisholm.
(B) 
Definitions for this subsection.
Commercial Sign:
Any sign intended to identify, advertise, or promote a business, service, or commercial enterprise.
Monument Sign:
A freestanding, ground-mounted sign with a base structure constructed of masonry, stone, stucco, or similar durable material, fully concealing any supporting elements.
(C) 
Applicability.
This subsection is applicable to all non-residential zoning districts within the city limits of McLendon-Chisholm. It shall supersede all prior conflicting sign regulations related to commercial freestanding signage.
(D) 
Sign standards.
(i) 
Sign Type.
a. 
Monument signs are permitted in non-residential zoning districts.
b. 
Sign types not specifically mentioned in this subsection (building, temporary, political, etc.) shall defer to the city's sign ordinance, as amended, provided that the regulations do not conflict with any provision contained in this subsection.
c. 
Sign types not specifically permitted may be requested through a specific use permit (SUP).
d. 
An SUP may also be requested for any regulation established in this subsection.
(ii) 
Height and area.
a. 
Maximum sign height: 6 feet from finished grade.
b. 
Maximum sign face area: 60 square feet per side (single- or double-sided permitted).
(iii) 
Design and materials.
a. 
Sign base must be as wide as or wider than the sign face.
b. 
Must be constructed of high-quality, durable materials such as natural stone, masonry, stucco, or finished concrete.
c. 
Sign must be architecturally compatible by material and color composition with the primary structure on the lot.
d. 
Digital sign faces are prohibited.
e. 
Sign advertising must be legible and mounted onto the structure.
f. 
Overall design of advertisements by color, font, size and other applicable elements must be reviewed and approved by city staff or his/her designee.
(iv) 
Setbacks.
a. 
Minimum 15 feet from any property line or public right-of-way.
b. 
Signs may not encroach into visibility triangles or drainage/utility easements.
(v) 
Number of signs.
a. 
One (1) monument sign is allowed per street frontage per commercial lot.
(vi) 
Illumination.
a. 
Lighting must be internal, back-lit, or down-lit and shielded to prevent glare.
b. 
No flashing, blinking, or animated lighting effects are permitted.
c. 
Electronic message centers (EMCs) are not permitted unless specifically authorized by a special use permit.
(vii) 
Landscaping.
a. 
A minimum 2-foot-wide landscaped area must surround the base of the monument sign on all sides.
b. 
Landscaping must include live vegetation and shall be always maintained in good condition.
c. 
Automatic irrigation or water access must be provided to the landscape area.
(E) 
Nonconforming signs.
(i) 
Any commercial sign that was legally installed before the effective date of this subsection and does not conform to these regulations shall be deemed a legal nonconforming sign.
(ii) 
All signs lawfully existing on the date of adoption of this subsection may remain in their current form; however, no such signs shall be altered or moved unless a permit is issued in accordance with this subsection. Permits granted before the passage of this subsection shall be renewed only if the applicant complies with all applicable provisions.
(iii) 
Any legal nonconforming sign shall be considered in violation if any of the following occur:
a. 
The sign is substantially destroyed or dismantled for any purpose other than maintenance. A sign shall be deemed destroyed if the cost of repair exceeds 60 percent of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed, and a permit shall be required to install a new sign.
b. 
The sign is abandoned or remains blank for more than 180 consecutive days.
c. 
Upon replacement, relocation, or substantial alteration, all signs must be brought into full compliance with this subsection.
(F) 
Permitting and enforcement.
(i) 
All monument signs require a permit issued by the City. Permit applications must include renderings, dimensions, materials, and site plans.
(ii) 
Signs installed without a valid permit or in violation of this subsection may be subject to removal, penalties, and/or fines as provided by the City.
(3) 
Signs permitted in agricultural districts.
Agricultural signs, as defined in section 3.05.001 are permissible in agricultural districts, provided that such signs do not exceed 32 square feet in surface area, do not obstruct the view of traffic or pedestrians, and are not constructed of cardboard. Such signs shall be limited in number to not more than two signs per lot, farm or ranch. However, if a lot, farm, or ranch is adjacent to more than one public street with a frontage on only one street of 300 feet or more, then the number of permissible signs shall be not more than three, wherein only one sign shall be located on that portion of the lot, farm or ranch with less than 300 feet frontage. If a lot, farm or ranch is adjacent to more than one public street with a frontage of at least 300 feet on each street, then the number of permissible signs shall be not more than four, wherein no more than two signs may be located at each street frontage.
(Ordinance 2003-12, sec. 21, adopted 11/10/03; 2007 Code, sec. 62-22; Ordinance 2025-28 adopted 10/14/2025)
(a) 
Conformity to article.
All signs lawfully in existence prior to January 10, 2000, may continue to be used and repaired but not altered or moved unless they shall be made to conform with the provisions of this article (the changing of moveable parts of signs which are designed for changing or the repainting of display matter or the repairing of damaged neon tubing while a sign is in place shall not be deemed to be an alteration). If a nonconforming sign is removed or destroyed, any new sign or rebuilding of existing sign must conform to this article.
(b) 
Removal of nonconforming existing signs.
Nonconforming existing signs erected prior to January 10, 2000, shall be removed in accordance with the following:
(1) 
Signs costing less than $100.00 to move must be removed within 90 days of the date of written notice from the city.
(2) 
Signs costing more than $100.00 to move must be removed within three months of the date of written notice from the building official.
(Ordinance 2003-12, sec. 22, adopted 11/10/03; 2007 Code, sec. 62-23)
The owner of any premises upon which a sign is located, or the owner of any sign, shall be responsible to maintain the sign at all times to comply with minimum structural requirements as contained herein for safety purposes.
(Ordinance 2003-12, sec. 23, adopted 11/10/03; 2007 Code, sec. 62-24)
All sign structures shall comply with minimum standards established by the building code unless standards described herein are more restrictive, then provisions of this article shall apply.
(Ordinance 2003-12, sec. 24, adopted 11/10/03; 2007 Code, sec. 62-25)
All appeals for variances under this article shall be made to the zoning board of adjustment. The zoning board of adjustment shall have the power to authorize upon appeal in specific cases such variances from the terms of this article as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this article shall be observed and substantial justice done.
(Ordinance 2003-12, sec. 25, adopted 11/10/03; 2007 Code, sec. 62-26)
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500.00 and a separate offense shall be deemed committed each day during which such violation occurs or continues.
(Ordinance 2003-12, sec. 26, adopted 11/10/03; 2007 Code, sec. 62-27)