The regulations established in this article are intended to
provide minimum standards to safeguard life, property, and public
welfare regulating and controlling the use, materials, construction,
location, number, maintenance, and the permitting of certain signs
and sign structures. In addition, this article is intended to enhance
the beauty of the city by limiting visual clutter. The regulations
established in this article apply to off-premises signs in the city’s
extraterritorial jurisdiction. The provisions of this article are
not intended to permit a violation of any provision of any other ordinance
or federal or state law.
(Ordinance 462-2008, ex. A, sec.
I, adopted 9/18/08)
For the purpose of this article the following definitions shall
apply:
A structure made of cloth, with metal or other material for
support and which is affixed to a building in such a manner that the
structure may be raised or retracted to a position against the building.
Sign in the form of or attached to a balloon or other inflatable,
inflated or floating device, which measures more than three feet across
in any direction.
A sign made of paper, plastic, or fabric, with or without
a frame, containing characters, letters, illustration, or ornamentation.
Banner does not include a flag.
A permanent ground or pole sign which directs attention to
a business, commodity, service, or entertainment conducted, sold or
offered elsewhere than upon the premises where the sign is located.
A temporary sign, which provides direction or announces the
location of model homes or group of homes built by one builder.
A structure made of metal or other material with frames affixed
to a building and carried by a frame, which is supported by the ground.
Any message contained on any sign that advertises, promotes,
solicits, or endorses a product or service of an establishment, organization,
corporation, company, or individual for the purpose of encouraging
a consumer to purchase said product or service. This does not apply
to messages that contain a specific public, civic announcement and
does not advertise, endorse, display, or encourage any purchase of
a service or product offered by any establishment, corporation, company,
or individual.
A sign identifying individuals or companies involved in design,
construction, wrecking, financing, or development when placed upon
the premises where work is under construction, but only for the duration
of construction or wrecking.
A sign, providing no advertising of any kind, which provides
direction or instruction to guide persons to facilities intended to
serve the public, including but not limited to those signs identifying
restrooms, public telephones, public walkways, parking areas, and
other similar facilities.
A sign which indicates the name and/or address of the occupant,
the address of the premises, and/or identification of any business
or occupation which may exist at the premises.
Illumination of a sign by an artificial source of light,
which is not contained within the sign itself.
Any fabric containing distinctive color, pattern, or symbols,
used as a symbol of a government, political subdivision, or nonprofit
organization.
An illuminated sign of which the artificial source of light
is not maintained stationary or constant in intensity and color when
the sign is illuminated. For the purpose of this article, any moving
illuminated sign displaying alternating illumination being turned
on and off which induces a strobe or pulsing effect shall be deemed
to be a flashing sign.
The area of the smallest rectangle enclosing the extreme
limits of characters, lettering, illustration, ornamentations, or
other fixtures, material, or color forming part of the sign. Structural
supports bearing no sign copy shall not be included in gross surface
area; however, if any portion of the required structural supports
become enclosed for decorative or architectural purposes, that portion
will be included in the total gross surface area of the sign. Gross
surface area shall be measured on one side only of a two faced (back
to back) sign carrying the same image and message on both faces. Two
faced signs carrying different messages and images on each side shall
be considered as separate signs.
A sign which is supported by two or more columns, poles,
uprights or braces placed in or upon the ground and is not part of
a building.
A sign which is an artificial source of light is used in
connection with the display of the sign.
Freestanding sign structure located in or adjacent to public
right-of-way that features a city identification panel at the top
of each structure, and displays directional information to new homes,
independent school district facilities, and municipal or community
events or facilities.
A permanent roof-like structure extending from part of the
wall of a building not supported by the ground, and constructed of
durable material such as metal, glass, or wood.
A sign, which is supported upon its own foundation, separate
from a building (other than a ground or pole sign).
A sign which revolves, rotates, swings, undulates, or otherwise
attracts attention through the movement of parts or through the impression
of movement, including automatic electronically controlled copy changes,
but not including flags, banners or pennants.
A nonilluminated sign identifying only the name and occupation
or profession of the occupant of the premises on which the sign is
located.
A sign that directs attention to a business, profession,
activity, commodity, service, or entertainment other than one conducted,
sold, or offered upon the premises where such sign is located.
A sign which is located upon the premises where the business,
profession, activity, commodity, service or entertainment referred
to by the sign is located.
A sign that is fixed in nature that is erected, affixed,
or maintained on a premises for a period of time, which is regulated
by table 1. schedule of permanent signs.
A sign that is mounted on a single freestanding column, pole,
upright, or brace placed in or upon the ground and is not a part of
a building.
Any temporary sign supported by the ground but not attached
to the ground, which can be regularly moved from a location at periodic
intervals, and which is located upon the premises where the business,
profession, activity, commodity, service, or entertainment referred
to by the sign is located. The term “portable sign” shall
include the following:
A sign which is mounted on a trailer or wheels or is part of
a trailer and by its design can be towed from one location to another
by the use of attached wheels or by attaching an axle to existing
mounts;
An “A-frame” type sign;
A sign affixed by pole or poles to a portable base made of wood,
metal, or concrete;
A sign suspended or attached to a stand with an inverted “T”
base; and
Any sign that the base is inserted into a sleeve mounted or
driven into the ground which can be easily extracted from said sleeve
by simple lifting or removing bolts.
A lot or tract, or a combination of contiguous lots or un-platted
tracts if the lots or tracts or combination are under a single ownership
and are reflected in the plat or deed records of the county. Multitenant
locations shall be considered as being one premises.
A sign comprised of nonpermanent letters, numerals, or symbols
which may be changed by adding, removing, or rearranging the letters,
numerals, or symbols, either manually or electronically.
A sign relating to the sale, lease, or rental of the premises
upon which such a sign is placed.
A sign erected or maintained in whole or in part upon, against,
or directly above the roof or parapet line of a building.
A large outdoor lighting apparatus used to attract attention
to a business or a specific location.
Signs located on premises identifying uses in a mixed-use
multitenant commercial shopping center.
Any identification, description, illustration, or device
illuminated or nonilluminated which is visible to the general public
and directs attention to a project, service, place, activity, person,
institution, business or solicitation, including any permanently installed
or situated merchandise, or facsimile, or any emblem, painting, flag,
banner, pennant, or placard designed to advertise, identify or convey
information.
The average elevation of the projected corners of a property,
adjacent to a dedicated street right-of-way or roadway easement, the
elevation of the corners being measured at the top of curb, or centerline
of street if no curb is present.
An event such as a “grand opening,” or a “going
out of business sale” which lasts for a period of time not to
exceed 60 days with a maximum number of 2 displays per year.
A nonpermanent sign erected, affixed, or maintained on a
premises for a period of time regulated by table 2, schedule of temporary
signs.
Any sign which is attached to, painted on or supported by
a vehicle or trailer, or is located within a vehicle and is yet visible.
Vehicular sign does not include bumper stickers.
A sign attached or painted directly to an exterior wall of
a building or dependent upon a building for support with the exposed
face of the sign located in a place substantially parallel to an exterior
building wall to which it is attached or by which it is supported
by.
A sign, containing no advertising material, warning the public
of the existence of danger.
A sign attached to, placed upon, or painted on the exterior
or interior of a window or door, of a building, which is intended
for viewing from the exterior of such building.
Any sign of a temporary nature other than a development,
real estate, builders, construction sign, or garage sale sign which
includes the advertisement of a service of which has been performed
on premises, or construction/repair that has been performed on premises.
(Ordinance 462-2008, ex. A, sec.
II, adopted 9/18/08)
No permanent sign shall be erected, placed, altered, displayed,
painted, or located except in accordance with the schedule of permanent
signs contained in table 1, and shall be required to obtain appropriate
permits, as reflected in table 1.
(Ordinance 633-2016, sec. 2, adopted 4/21/16)
Except where otherwise provided, pole and monument signs shall
not be used in combination on the same premises. Each premises shall
be permitted only one pole sign or one monument sign. A pole sign
or monument sign may be used in combination with other permanent signs
listed in table 1, schedule of permanent signs.
(Ordinance 462-2008, ex. A, sec.
IV, adopted 9/18/08)
No temporary sign shall be erected, placed, displayed or located
except in accordance with the schedule for temporary signs contained
in table 2.
(Ordinance 462-2008, ex. A, sec.
V, adopted 9/18/08)
The following regulations apply to existing permanent off-premises
signs adjacent to interstate highways and federal-aid primary highways,
as those terms are defined in the Highway Beautification Act. The
construction of new permanent off-premises signs shall be prohibited
in any zoning district effective after passage of this article. The
following regulations apply to all permanent off-premises signs:
(1)
No
more than two panels or sign faces will be allowed for each sign.
(2)
Each
panel or sign shall not exceed 300 square feet in total area.
(3)
No
off-premises sign shall exceed the height limit as provided for in
table 1, schedule of permanent signs.
(4)
No
off-premises sign shall exceed 60 feet in length, inclusive of border
and trim.
(5)
Each
off-premises sign shall have a minimum ground clearance of 10 feet.
(6)
All
off-premises signs shall set back a minimum of 10 feet from any highway
right-of-way line.
(7)
Illumination
of off-premises signs shall be shielded upward to prevent beams or
rays from being directed at any portion of a traveled roadway or an
occupied residential area and shall not be of such intensity or brilliance
as to cause glare or impair vision.
(Ordinance 462-2008, ex. A, sec.
VI, adopted 9/18/08)
Kiosk signs are intended to provide a uniform, coordinated method
of providing homebuilders and developers a means of utilizing directional
signs, while minimizing the negative impacts of weekend homebuilder’s
signs on the appearance of the city. Kiosk signs are also intended
to provide service to the public on the directions to municipal facilities
and parks, community events, and school district facilities.
(1)
The
city council may, by duly executed license agreement, grant the exclusive
right to design, erect and maintain kiosk signs within the city limits.
(2)
Kiosk
signs shall be designed and constructed in accordance to the specifications
contained in the aforementioned license agreement.
(3)
Prior
to erecting any kiosk sign, the licensee shall submit a sign location
map to the building official for approval.
(4)
Kiosk
sign installation shall include break-away design features as required
for traffic signs in the street right-of-way.
(5)
Advertisement
of price information shall be prohibited on kiosk signs.
(6)
No
additional or extraneous signs, pennants, flags or other devices for
visual attention or other appurtenances shall be attached to kiosk
signs.
(7)
Kiosk
signs shall not be illuminated.
(8)
Individual
sign panels on kiosks shall have a uniform design and color.
(9)
Kiosk
signs shall not interfere with the use of sidewalks, walkways, bike
and hiking trails; shall not obstruct the visibility of motorists,
pedestrians or traffic-control signs; shall not be installed in the
immediate vicinity of street intersections; and shall comply with
the visibility triangle requirements contained in the subdivision
regulations or other visibility easements provided by code or subdivision
plat.
(10)
Kiosk sign plazas may be located on private property along the SH
174 corridors, or other state-maintained roadways, provided written
permission is obtained from the property owner.
(11)
Kiosk sign panels shall be available to all developers and homebuilders
operating within the city on a first-come, first-served basis. Developers
and homebuilders operating within the city limits shall have first
priority to lease sign panels. In the event extra panel space is available,
residential developments located outside the city limits may also
lease panels.
(12)
In accordance to the specifications contained in the aforementioned
license agreement, a percentage of the kiosk sign panels shall be
reserved for the city to use as directional signage to municipal or
community facilities or locations or community events.
(Ordinance 462-2008, ex. A, sec.
VII, adopted 9/18/08)
The following signs are prohibited from installation, construction,
repair, alteration, or relocation within the city, except as otherwise
permitted in this article.
(1)
“A” frame or sandwich board signs.
“A”
frame or sandwich board and sidewalk, or curb signs, are prohibited
except as a temporary sign.
(2)
Banners and balloons or inflatable signs.
Banners and
balloons or inflatable signs except as a temporary sign and permitted
herein.
(3)
Moving and flashing signs.
Moving and flashing signs
except for reader boards, which convey a message. Any sight source
that produces a revolving beam or beacons that resemble emergency
vehicle lights shall be prohibited.
(4)
Signs
that resemble traffic-control signs or emergency information signs.
(5)
Signs
attached to utility poles or other surfaces which are not the properties
of the utility or which serve a public purpose and are located within
a public right-of-way or easement.
(6)
New
permanent off-premises signs.
(7)
Except as provided for by section 3.06.010, any combination of a projection, wall, or roof sign is prohibited. These signs may be permitted individually according to the regulations provided in table 1, schedule of permanent signs.
(8)
Portable
signs that convey a commercial message and portable signs used for
civic and public events may be permitted according to the regulations
provided in table 2, schedule of temporary signs. As of the effective
date of this article, any nonconforming portable sign damaged, dismantled,
or removed for any purpose other than advertisement alteration or
maintenance, may not be altered, reconstructed, repaired, or replaced,
and the owner shall remove the sign or bring it into compliance with
the sign code and all other applicable ordinances. As of the effective
date of this article, any nonconforming portable sign may not be replaced
and shall be removed by August 1, 2009.
(9)
LED and digital signs.
Signs which permit light to be
turned on or off intermittently or which are operated in a way whereby
light is turned on or off intermittently, including any illuminated
sign on which such illumination is not kept stationary or constant
in intensity and color at all times when such sign is in use, including
a light emitting diode (LED) or digital sign, and which varies in
intensity and color, except as provided below.
(A)
The city council may authorize the issuance of conditional use permits
for LED and/or digital signs when the council finds all of the following
conditions present:
(i)
That the establishment, maintenance, or operation of the sign will
not be materially detrimental to, or endanger, the public health,
safety, morals, or general welfare;
(ii)
That the uses, values and enjoyment of other property in the
neighborhood, for purposes already permitted, shall be in no foreseeable
manner substantially impaired or diminished by the establishment,
maintenance, or operation of the sign; and
(iii)
That the sign shall conform to and comply with all other city
ordinance and state law requirements.
(B)
Prior to granting of any conditional use, the city council may stipulate such conditions, restrictions, and duration upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to protect the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in subsections (i) through (iii) of subsection (A) above. In all cases in which conditional uses are granted, the council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The granting of a conditional use does not create a right to the use and the conditional use may be canceled at the city council’s sole discretion.
(C)
No application for a conditional use which has been denied wholly
or in part by the city council shall be resubmitted for a period of
six (6) months from the date of said denial.
(Ordinance 462-2008, ex. A, sec.
VIII, adopted 9/18/08)
The following signs are exempt from the provisions and regulations
of this article:
(1)
Public signs.
Signs required by governmental bodies
or specifically authorized for a public purpose by any law, statute,
or ordinance. Such public signs may be of any type, number, area,
height, location, or illumination as required by law, statute or ordinance.
(2)
Signs on vehicles.
Bumper stickers and signs placed
on or affixed to operable vehicles and/or trailers where the sign
is incidental to the primary use of the vehicle or trailer.
(3)
Warning signs.
Signs warning the public of the existence
of danger but containing no advertising material; to be removed within
three days upon the subsidence of danger. Such warning signs may be
of any type, number, area, height, location, or illumination as deemed
necessary to warn the public of the existence of danger.
(4)
Flags.
Flags of governmental entities or nonprofit organizations.
(5)
Governmental signs.
Signs of a duly constituted governmental
body, including traffic or similar regulatory devices, legal notices,
warnings at railroad crossings, and other instructional or regulatory
signs having to do with health, hazards, parking, swimming, dumping,
etc.
(6)
Address numerals.
Address numerals and other signs required
to be maintained by and placed in accordance with law or governmental
order, rule or regulations.
(7)
Athletic signs.
Signs used as scoreboards in athletic
stadiums.
(8)
Directional signs.
Signs which direct vehicles and pedestrian
traffic, which may display arrows, words, or other symbols to indicate
direction of facilities.
(9)
Directory signs.
Signs that are located in or adjacent
to entrances or foyers.
(10)
Instructional signs.
Signs, providing no advertising
of any kind, which provide direction or instruction to guide persons
to facilities intended to serve the public, including but not specifically
limited to the signs identifying restrooms, public telephones, public
walkways, parking areas, and other similar facilities.
(Ordinance 462-2008, ex. A, sec.
IX, adopted 9/18/08)
Multiple signs shall be permitted on commercial shopping center
sites having multitenants in accordance with the following regulations:
(1)
The
number of signs shall be determined as provided in the following table:
|
Leasable Square Feet
(In entire shopping center)
|
Number of Additional Pole or Monument Signs
|
|---|---|
|
Up to and including 100,000 sq. ft.
|
One freestanding sign per adjacent street frontage
|
|
Over 100,000 sq ft
|
Two freestanding signs adjacent to primary street frontage and
one additional monument sign for each secondary street frontage
|
(2)
Other signs.
Each tenant may be permitted one additional
sign, which will be limited to one of the following: a canopy, marquee,
wall, reader board, or nameplate sign meeting the requirements of
table 1, schedule of permanent signs.
(Ordinance 462-2008, ex. A, sec.
X, adopted 9/18/08)
Vehicle signs shall be subject to the following regulations:
(1)
It
shall be unlawful to attach any sign to or upon any vehicle, trailer,
skid or similar mobile structure where the primary use is to provide
a base for the sign itself and where the vehicle is allowed to remain
parked along a right-of-way in the same location or in the same vicinity
at frequent or extended periods of time exceeding 72 hours.
(2)
Vehicles
that are inoperable, that are not properly licensed and/or are currently
not registered shall not be used, parked or stored in a manner to
provide advertising.
(3)
Temporary
construction trailers and vehicles located on construction sites that
bear the contractor advertising are exempt from these regulations.
(Ordinance 462-2008, ex. A, sec.
XI, adopted 9/18/08)
Signs may be illuminated provided that the provisions of this
section are complied with:
(1)
Brightness limitations.
The lighting intensity of a
sign, whether resulting from internal illumination or external illumination,
shall not exceed 75 footcandles when measured with a standard light
meter perpendicular to the face of the sign from a distance equal
to the most narrow dimension of the sign.
(2)
Glare.
Signs shall be designed, located, shielded, and
directed to prevent the casting of glare or direct light from artificial
illumination, upon adjacent public right-of-way and surrounding property.
(3)
Electrical permit.
All signs in which electrical wiring
and connections are to be used shall be subject to the applicable
provisions of the city’s electrical code.
(Ordinance 462-2008, ex. A, sec.
XII, adopted 9/18/08)
No permanent or temporary sign shall be located to block the
visibility triangle as defined in the subdivision regulations.
(Ordinance 462-2008, ex. A, sec.
XIII, adopted 9/18/08)
Any sign authorized in this article is allowed to contain a
noncommercial message in place of any other authorized message.
(Ordinance 462-2008, ex. A, sec.
XIV, adopted 9/18/08)
(a)
Any
sign that is structurally unsafe or that constitutes a hazard to the
health, safety, or public welfare by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster damage, abandonment
or other cause is hereby declared to be a public nuisance and shall
be abated by demolition or removal.
(b)
Should
the code compliance officer determine that any sign is not properly
maintained, is unsafe or insecure or has otherwise been constructed,
erected, or maintained in violation of the provisions of this article,
he shall give written notice to the permit holder or owner thereof.
Such notice and order shall contain substantially the following:
(1)
The registration number, if available, location and business name
of the sign, sufficient for identification of such sign.
(2)
A statement that the code compliance officer has found such sign
to be in violation of this article or other laws, together with a
general description of such violation.
(3)
The amount of time required to bring the sign into compliance with
this article or any other law, said time not to exceed ten (10) days.
The code compliance officer may extend the time of notice when it
is shown that such corrections cannot be accomplished within the original
ten-day time period.
(c)
In
addition to the above, the code compliance officer may issue citations
or pursue any other administrative or legal remedy in order to abate
any sign which is in violation of this article or any other law.
(d)
Not
withstanding anything contained herein to the contrary, the code compliance
officer may cause any sign which is dangerous to persons or property
to be removed summarily and without notice.
(Ordinance 462-2008, ex. A, sec.
XV, adopted 9/18/08)
(a)
Exception authorized.
After a public hearing, the city
council may authorize an exception to any restriction set forth in
this article, including, but not limited to, the number, type, area,
height or setback of signs.
(b)
Approval standards.
In granting any exception, the city
council shall consider the following criteria:
(1)
The sign’s size, shape, color, design elements, or location;
(2)
The compatibility of the proposed sign with the surrounding property,
the proximity of other signs, and the characteristics of the area;
(3)
The strict application of the requirements in this article would
result in a particular or unusual practical difficulty, or an exceptional
or undue hardship on an applicant;
(4)
The requested exception is the minimum reasonably necessary to overcome
any exceptional conditions;
(5)
Whether any special conditions and circumstances justifying an exception
result from the actions of the applicant and such conditions and circumstances
do not merely constitute monetary or economic hardship or inconveniences;
(6)
Granting the exception will not be injurious to any adjoining property
owner or otherwise detrimental to the public welfare; and
(7)
The exception can be granted without substantial impairment of the
purposes of this article.
|
TABLE 1 SCHEDULE OF PERMANENT SIGNS
| |||||||
|---|---|---|---|---|---|---|---|
|
Sign Regulation Sign Type
|
Permitted District
|
Permit Required
|
Maximum Area
(in sq ft)
|
Height of Sign
|
Number of Signs
|
Setback
|
Spacing of Signs
|
|
Canopy, marquee, or projection
|
C1, C2, I
|
Yes
|
40% of the canopy, marquee, or projections sign for each elevation
|
Shall not project above the canopy, marquee, or projection sign
|
Unlimited as long as the total area of all signs on each elevation
does not exceed 40% of the area of that elevation
|
n/a
|
n/a
|
|
Roof
|
C1 C2 I1, I2
|
Yes
|
200 sq. ft. in C1, C2 300 sq. ft. in I1, I2
|
10 ft. from top of roof, not to exceed a total distance of 40'
from ground
|
One for each main structure
|
n/a
|
n/a
|
|
Ground
|
C1, C2 I1, I2
|
Yes
|
200 sq. ft. in I1, I2 in C1, C2 300 sq. ft.
|
50' adjacent to Highway 174 30' at all other locations 10' clearance
from ground to sign
|
One for each premises (Multitenant sites see sec. 3.06.010)
|
10'*
|
100' separation from adjacent ground sign on each premises and
minimum of 50' on adjacent premises
|
|
Monument
|
C1, C2 I1, I2
|
Yes
|
100 sq. ft. in C1, C2 200 sq. ft. in I1, I2
|
8 feet
|
One for each premises (Multitenant sites see sec. 3.06.010)
|
10'*
|
No restrictions
|
|
Nameplate
|
C1, C2, I1 , I2
|
No
|
5 sq. ft. in C1, C2 10 sq ft. in I1 , I2
|
n/a
|
One for each main structure or tenant for each street frontage
|
n/a
|
n/a
|
|
Pole
|
C1, C2, I1, I2
|
Yes
|
200 sq. ft. in C1, C2 300 sq. ft. in I1, I2
|
50' adjacent to Highway 174 30' at all other locations 10' clearance
from ground to sign
|
One for each premises (Multitenant sites see sec. 3.06.010)
|
10'*
|
100' separation from adjacent ground sign on each premises and
minimum of 50' on adjacent premises
|
|
Wall
|
C1, C2, I
|
Yes
|
40% of each exterior wall elevation
|
Attached to structure and shall not project above the roofline
of the structure
|
Unlimited as long as the total area of all signs on each elevation
does not exceed 40% of the area of that wall elevation
|
n/a
|
n/a
|
|
Window
|
C1, C2, I1, I2
|
No
|
40% maximum coverage for signs facing public streets
|
n/a
|
n/a
|
n/a
|
n/a
|
|
Notes:
|
|---|
|
*Any portion of the sign.
|
|
TABLE 2 SCHEDULE OF TEMPORARY SIGNS
Allowable
for temporary events only–number of signs allowed for temporary
event–combination of 2 temporary events duration 60 days with
only two events allowed per year.
|
 |
(Ordinance 462-2008, ex. A, table
1, adopted 9/18/08; Ordinance
462-2008, ex. A, table 2, adopted 9/18/08; Ordinance 633-2016, sec. 4, adopted 4/21/16; Ordinance 633-2016, sec. 3, adopted 4/21/16)
