Signs use private land near public rights-of-way to inform and
persuade the general public by publishing a message. This article
provides standards for the erection and maintenance of private signs.
All private signs not exempt as provided herein shall be erected and
maintained in accordance with these standards. These standards are
intended to be the minimum necessary and least burdensome to accomplish
the purposes stated in this section. The general objectives of these
standards are to promote health, safety, welfare, convenience and
enjoyment of the public and, in part, to achieve the following:
(1)
Safety.
To promote the safety of persons and property
by providing that signs:
(A)
Do not create a hazard due to collapse, fire, collision, decay or
abandonment;
(B)
Do not obstruct firefighting or police surveillance; and
(C)
Do not create traffic hazards by confusing or distracting motorists
or by impairing the driver’s ability to see pedestrians, obstacles,
or other vehicles, or to read traffic signs.
(2)
Communications efficiency.
To promote the efficient
transfer of information in sign messages by providing that:
(A)
Businesses, services, and individuals may identify themselves and
communicate their message;
(B)
Customers and other persons may locate a business or service;
(C)
No person or group is arbitrarily denied the use of the sight lines
from the public rights-of-way; and
(D)
Persons exposed to signs are not overwhelmed by the number of messages
presented and are able to exercise freedom of choice to observe or
ignore said messages, according to the observer’s purpose.
(3)
Landscape quality and preservation.
To protect the public
welfare and to enhance the appearance and economic value of the cityscape,
by providing that signs:
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1801)
The requirements of this article shall be administered and enforced
by the building official of the city.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1802)
As used in this article:
A sign which:
A structure made of cloth, metal or other material possessing
characters, letters, illustrations or ornamentations affixed to a
building in such a manner that the structure may be raised or retracted
to a position against the building.
An inflatable sign that is filled with a gas lighter than
air to remain elevated.
A sign intended to be hung either with or without a frame,
possessing characters, letters, illustrations or ornamentations applied
to paper, plastic or fabric of any kind, excluding flags, emblems
and insignia of political, professional, religious, educational or
corporate organizations.
The building official of the city or his/her designated representative.
A sign which directs attention to a business, profession,
activity, product, service or event conducted, sold or offered upon
the premises where such sign is located, or within the building to
which such sign is affixed.
A structure other than an awning made of cloth, metal or
other material possessing characters, letters, illustrations or ornamentations,
with frames affixed to a building and carried by a frame which is
supported by the ground.
A message which refers to the offer for sale or existence
for sale of products, property, accommodations, services or attractions
or attracts attention to a business or to products, property, accommodations,
services, or activities that are offered or exist for hire.
A sign identifying individuals or companies involved in the
design or construction, wrecking, financing or development of premises
where such sign is placed.
A tract of land upon which a structure is located.
A sign which provides direction or instruction to guide persons
to facilities intended to serve the public (restrooms, parking, etc.)
and which provides no advertisement of any kind other than the identity
of the business or premises to which it applies.
A sign which indicates the names and/or addresses of the
occupant(s), the address of the premises, and/or identification of
any lawful businesses or the occupations which may exist at the premises.
An illuminated sign on which the artificial source of light
is not maintained stationary or constant in intensity and/or color
at any time when such sign is illuminated.
The period beginning with the issuance of a certificate of
occupancy and extending for ninety (90) days.
The area enclosed by the smallest imaginary regular shapes
that will encompass the extreme limits of the writing, representation,
emblem or other display, together with any material or color forming
an integral part of the display or used to differentiate the sign
from the backdrop or structure against which it is placed. “Gross
surface area” includes such features as decorative or ornamental
elements or features, borders, and trims, but does not include any
supporting structure which is used solely for support of the sign,
such as poles, columns and cables, or a decorative fence, screening
device or wall.
An object of any shape or size, constructed of any material,
that holds its shape through being filled with air or another gas,
or by the operation of any battery, electrical, or gas motor that
supplies air to the inside of the structure.
A freestanding structure located in city rights-of-way, which
features a city logo identification panel at the top of each structure.
The body of the kiosk sign contains individual panels which display
directional information to home builders, subdivisions/developments,
municipal or community facilities, community events, Lake Worth Independent
School District facilities, churches and businesses within the city
limits.
The front and, if applicable, side walls which enclose a
building or a portion thereof, and which abut a public street.
A sign created by the attachment of any individual letter
or group of letters to a building. The area of such sign shall be
the smallest area encompassing the word in the form of a square, rectangle,
triangle, circle or combination thereof.
A permanent structure extending from part of the roof or
wall of a building but not supported by the ground, and constructed
of durable material such as metal, plastic or glass.
A sign permanently affixed to the ground, not elevated to
[on] any pole or structure and not attached to or dependent upon any
building for support.
Any message that is not a commercial message.
A sign lawfully existing or under construction on the effective
date of the ordinance codified in this article (Ordinance adopted
February 14, 2006) which does not conform to one or more of the provisions
of this article.
Any of the following zoning districts as designated by chapter 14 of the city code: PF Public Facilities District, C Commercial District, HC Highway Corridor District, LI Light Industrial District, or I Industrial District.
A material or performance defined in section 43.21 of the
Texas Penal Code, as amended.
A sign that directs attention to a business, profession,
activity, product, service, or event other than one conducted, sold,
or offered upon the premises where such sign is located, or within
the building to which the sign is affixed.
A sign which directs attention to a business, profession,
activity, product, service, or event that is conducted, sold, or offered
on the property where the sign is located.
An individual, organization, corporation, agency, partnership,
trust, association, and any other legal entity.
A sign supported by one or more structures or supports placed
upon the ground and not attached to or dependent for support from
any building.
A temporary sign which addresses a political issue.
A sign not permanently affixed to the ground, a building,
or another structure, and which is designed to be moved from place
to place.
A single tract or platted lot. In addition, multiple adjoining
tracts or platted lots under common ownership will be deemed to be
a single premises if they meet the following requirements:
Lots or tracts are not separated by intervening streets, alleys,
utility or railroad rights-of-way or other interruption;
The property contains a single primary use; and
The property is not used for one-or two-family dwelling purposes.
Tracts or platted lots that are at cross corners or that
are connected by narrow strips of land too small to serve as emergency
access easements shall not be considered to be “adjoining.”
A sign which is used to offer for sale, lease or rent, the
premises or portions of the premises upon which the sign is placed.
Any of the following zoning districts as designated by chapter 14 of the city code: SF-7.5 Single-Family 7.5 District, SF-0 Single-Family District, MF Multi-Family District, or MH Manufactured Housing District.
Every sign, name, number, identification, description, and
announcement, declaration, demonstration, device, display, flag, banner,
pennant, illustration, logo, balloon, streamer, valance, advertising
display, poster, beacon, light or insignia, and structure supporting
any of the same, affixed directly or indirectly to or upon any building,
window, or outdoor structure or approved sign poles, or erected or
maintained upon a piece of land, which directs attention to any object,
project, service, place, activity, event, cause, person, institution,
organization, or business.
A temporary off-premises sign used to direct traffic to a
residential section or subdivision or location in the city.
A sign constructed of cloth, canvas, light fabric, cardboard,
wallboard, or other like materials, with or without frames, and any
type sign not permanently attached to the ground, wall, or building,
intended to be displayed for a short period of time only.
A tract of land upon which no structure is located.
An imaginary triangle which has two sides which start at
the center point of the intersection of two streets or a driveway
and a street along the curb line and measuring ten feet in length
down each respective street or driveway along the nearest edge of
the driving surface. The line connecting the end points of these two
lines forms the third side of the triangle.
A sign attached 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 the exterior
building wall to which the sign is attached or by which it is supported.
Awning, canopy, marquee and letter signs shall be considered wall
signs for purposes of calculating the sign area.
(Ordinance 820 adopted 2/14/06; Ordinance 868, sec. 1, adopted 9/4/07; Ordinance 958 adopted 2/8/11; 2004 Code, sec. 3.1803; Ordinance adopting
2021 Code)
(a)
Permit required.
A person commits an offense if the
person erects, constructs or relocates a sign upon any property within
the city without first obtaining a permit from the city, except as
otherwise provided in this article.
(b)
Permit application.
A person shall file an application
with the building official on forms provided by the city. An application
for a sign permit shall include a drawing, to scale, of the proposed
sign and all existing signs maintained on the premises and visible
from the right-of-way, a drawing of the lot plan or building facade
indicating the proposed location of the sign(s), and sign specifications.
(c)
Permit fee.
Fees for a permit to erect, construct, or relocate a sign shall be as set forth in the fee schedule in appendix A of this code.
(d)
Permit issuance or denial.
The building official shall,
within ten working days of the date of receipt of the application,
either approve or deny the application, refer the application to the
appropriate authority for approval or granting of a variance, or refer
the application back to the applicant in any instance where insufficient
information has been furnished. The building official shall deny an
application if it does not comply with the requirements of this article.
A denial and the reasons for the denial shall be noted on the application,
and the applicant shall be notified of the denial by notice mailed
to the applicant at the address shown on the application or the last
known address.
(e)
Maintenance and repairs.
All signs shall be maintained
in good appearance and structural condition, in compliance with all
building and electrical codes, and in conformance with this article,
at all times. No permit shall be required to perform normal maintenance
operations or changing of parts or copy of a sign, provided that the
maintenance or change of parts does not alter the gross surface area
or height or otherwise render the sign nonconforming with the requirements
of this article.
(f)
Measurement of sign area.
(1)
Sign copy mounted or painted on a background panel or area distinctively
painted, textured or constructed as a background for the sign copy
shall be measured as the area contained within the outside dimensions
of the background panel or surface.
(2)
Sign copy mounted as individual letters and/or graphics against a
wall, fence, screening device, awning or fascia of a building or other
structure that has not been painted, textured or otherwise altered
to provide a distinctive background of the sign copy shall be measured
as the area enclosed by each individual word or graphic.
(3)
For three-dimensional signs such as spherical, free-form, sculptural,
or other non-planar signs, the area enclosed by the smallest imaginary
regular shape or combination of shapes which would fully contain all
portions of the sign when rotated horizontally around the sign shall
be measured to determine sign area.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1804; Ordinance adopting 2021 Code)
(a)
A
person commits an offense if the person:
(1)
Illuminates a sign to an intensity to cause glare or brightness to
a degree that could constitute a hazard or nuisance. Moving, flashing,
intermittently lighted, changing color, strobe lights, rotating beacons,
revolving or similarly constructed signs are prohibited;
(2)
Displays on a sign pictures, gestures or words which are obscene
as defined in this article;
(3)
Paints a sign, other than a nameplate and address showing street
number, on a fence, railing or wall which is not a structural part
of the building in or facing a residential zoning district, whether
or not on the property line;
(4)
Attaches a sign, paper, material, or paint; stencils or writes any
name or number (except house or street address numbers); or otherwise
marks on any public sidewalk, curb, gutter or street. The city council
may grant an exception for special events. The city department of
public works or public safety are exempt from this subsection.
(b)
A
person commits an offense if the person attaches, erects or maintains
any sign:
(1)
Upon any public utility pole or structure, or on any tree that is
located on public land, including a public easement, or in a public
right-of-way;
(2)
Over or on public land, including a public easement, or in a public
right-of-way. No sign shall be erected in the right-of-way except
movement control, traffic-control devices, street signs, directional
signs, or kiosk signs placed by the city or state;
(3)
Within twenty (20) feet of a paved surface other than a parking lot;
or
(4)
Within twenty (20) feet of a driveway or other ingress to or egress
from a property, unless the sign has a ground clearance of greater
than eleven (11) feet.
(c)
A
person commits an offense if the person erects or displays a sign
in such a manner as to:
(1)
Prevent free ingress to or egress from any door, window or fire escape.
No sign of any kind shall be attached to a standpipe or fire escape;
(2)
Obstruct free and 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;
(3)
Interfere with, obstruct the view of, or be confused with any authorized
traffic-control device; or
(4)
Encroach upon the visibility triangle of any street intersection.
(d)
A
person commits an offense if the person makes use of words, phrases,
symbols or characters, or employs any lamp or light, in such a manner
as to interfere with, mislead or confuse traffic.
(e)
A
person commits an offense if the person erects or displays an off-premises
sign containing a commercial message, except as specifically provided
by this article.
(Ordinance 820 adopted 2/14/06; Ordinance 958 adopted 2/8/11; 2004 Code, sec.
3.1805)
(a)
A
person commits an offense if the person erects or displays a sign
which contains primarily a political message if the sign:
(b)
A
person who erects or maintains a sign which contains primarily a political
message on a temporary basis on a sign generally available for rent
or purchase to carry commercial advertising or other messages that
are not primarily political shall comply with the regulations applicable
to that type of sign.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1806)
Pole signs are permitted in nonresidential zoning classifications
subject to the following regulations:
(1)
No
more than one pole sign shall be permitted for every three hundred
(300) feet of street frontage on each premises, except that a lot
that has frontage on more than one street may have one pole sign for
each street on which the property fronts. Only one (1) pole sign or
monument sign shall be erected along the same street frontage.
(2)
A
pole sign shall not exceed thirty-five (35) feet in height and shall
have a minimum of eleven (11) feet of ground clearance.
(3)
The
gross surface area per side of a pole sign shall not exceed two (2)
square feet of gross surface area for each linear foot of street frontage,
with a maximum of four hundred (400) square feet.
(4)
A
pole sign may be located next to, but not into, the public right-of-way
provided that the sign does not create a hazard to traffic or pedestrians.
(5)
A
pole sign may be illuminated internally, or by an external light source
if that light source cannot be seen from the public right-of-way.
An electronic or message board is permitted if it does not occupy
more than twenty-four (24) square feet of the area of the sign face.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1807)
Monument signs are allowed in both residential and nonresidential
zoning classifications, subject to the following regulations:
(1)
Monument signs in nonresidential zoning districts.
Monument
signs in nonresidential zoning districts are subject to the following
restrictions:
(A)
No more than one monument sign shall be permitted for every three
hundred (300) feet of street frontage on each premises, except that
a lot that has frontage on more than one street may have one sign
for each street on which the property fronts. Only one (1) monument
sign or pole sign shall be erected along the same street frontage.
(B)
A monument sign shall not exceed one (1) square foot of gross surface
area for every two (2) feet of street frontage, or a maximum of one
hundred fifty (150) square feet.
(C)
A monument sign shall not exceed eight (8) feet in height, plus a
maximum of two (2) feet of sign base.
(D)
A monument sign may be illuminated internally, or by an external
light source if that light source cannot be seen from the public right-of-way.
An electronic or message board is permitted if it does not occupy
more than twenty-four (24) square feet of the area of the sign face.
(E)
The base of the sign shall be covered or constructed with the same
masonry material, stone, or brick as the principal building, or with
a material approved by the city council. The sign shall be made of
metal, masonry, routed wooden planks or beams, durable plastic or
similar materials, which complement the architecture of the principal
building.
(2)
Monument signs in SF-7.5, Single-Family 7.5 District and SF-0, Single-Family
Zero Lot Line District.
Monument signs shall only be
permitted in SF-7.5, Single-Family 7.5 District and SF-0, Single-Family
Zero Lot Line District zoning districts for purposes of identifying
a residential subdivision or for nonresidential uses that are permitted
in such district. Monument signs shall be subject to the following
restrictions:
(A)
No more than one monument sign shall be permitted for every three
hundred (300) feet of street frontage on each premises, except that
a lot that has frontage on more than one street may have one sign
for each street on which the property fronts; provided, however, up
to two (2) monument signs shall be permitted at each residential subdivision
entrance. If two signs are erected at one entrance, the signs shall
be constructed to match each other.
(B)
A monument sign shall not exceed one (1) square foot of gross surface
area for every two (2) feet of street frontage, or a maximum of fifty
(50) square feet.
(C)
A monument sign shall not exceed four (4) feet in height, plus a
maximum of two (2) feet of sign base.
(D)
A monument sign may be illuminated internally, or by an external
light source if that light source cannot be seen from the public right-of-way.
(E)
The base of the sign shall be covered with the same masonry material,
stone, or brick as the principal building, or with a material approved
by the city council.
(3)
Monument signs in other residential zoning districts.
Monument signs shall be allowed in residential zoning districts other
than the SF-7.5, Single-Family 7.5 District and SF-0, Single-Family
Zero Lot Line District, and are subject to the following restrictions:
(A)
No more than one monument sign shall be permitted for every three
hundred (300) feet of street frontage on each premises, except that
a lot that has frontage on more than one street may have one sign
for each street on which the property fronts.
(B)
A monument sign shall not exceed one (1) square foot of gross surface
area for every two (2) feet of street frontage, or a maximum of one
hundred (100) square feet.
(C)
A monument sign shall not exceed six (6) feet in height, plus a maximum
of two (2) feet of sign base.
(D)
A monument sign may be illuminated internally, or by an external
light source if that light source cannot be seen from the public right-of-way.
An electronic or message board is permitted if it does not occupy
more than twenty-four (24) square feet of the area of the sign face.
(E)
The base of the sign shall be covered or constructed with the same
masonry material, stone, or brick as the principal building, or with
a material approved by the city council. The sign shall be made of
metal, masonry, routed wooden planks or beams, durable plastic or
similar materials, which complement the architecture of the principal
building.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1808; Ordinance adopting 2021 Code)
Wall signs are permitted in both residential and nonresidential
zoning districts, subject to the following regulations:
(1)
Wall signs in nonresidential zoning districts.
Wall
signs are allowed in all nonresidential zoning districts, subject
to the following regulations:
(A)
(i)
The wall area of each side of a building or leasable space abutting
a public street shall be measured to determine the amount of wall
sign area permitted on a wall by using the following formula:
|
Width x Height x Ten Percent
|
(ii)
For buildings or leasable space with a wall height of less than
twenty feet, measured from ground level to the bottom of the roof
line, the following method of measurement shall be used:
|
Width x Twenty Feet x Ten Percent
|
(B)
For multi-occupant structures, only the area of leasable space shall
be used to determine maximum allowable sign area.
(C)
All wall signs and sign copy shall be mounted parallel to the building
surface to which they are attached, and shall project no more than
eighteen inches from the building surface.
(D)
Signs attached to fences shall be calculated as part of the maximum
amount of wall signage and shall be in conformance with the requirements
of this article.
(2)
Wall signs in residential zoning districts.
Wall signs
shall be allowed in residential zoning districts other than the SF-7.5,
Single-Family 7.5 District and SF-0, Single-Family Zero Lot Line District
for nonresidential uses that are permitted in such district, subject
to the following restrictions:
(A)
A wall sign is permitted for building identification only, i.e.,
address or building numbers.
(B)
A maximum of two (2) signs per building are permitted.
(C)
All signs and sign copy shall be mounted parallel to the building
surface to which they are attached. Signs shall not be mounted on
roofs and shall not project above the roof.
(D)
No sign or sign copy shall exceed twenty-four (24) inches in height.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1809; Ordinance adopting 2021 Code)
(a)
Awning,
canopy, marquee and letter signs are permitted in nonresidential zoning
districts, provided that awning, canopy, marquee and letter signs
are calculated as part of the maximum permitted wall signage.
(b)
Nothing
in this article shall be construed to allow additional wall signage
other than that allowed in this article.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1810)
(a)
Temporary signs.
Temporary on-premises and off-premises
signs are permitted in all zoning districts except for the SF-7.5,
Single-Family 7.5 District and SF-0, Single-Family Zero Lot Line District,
subject to the following restrictions:
(1)
A temporary sign permit must be obtained from the city prior to erecting
or placing the sign. Permits for temporary signs shall be granted
only with the written consent of the owner of the property or the
person in charge of such property.
(A)
A temporary sign permit for property in a nonresidential zoning district
shall be valid for thirty (30) days. No additional temporary sign
permit shall be granted for the property for a period of thirty (30)
days after the expiration of the previous permit. No more than four
temporary signs may be placed on any property during any calendar
year.
(B)
Temporary signs in residential zoning districts other than the SF-7.5,
Single-Family 7.5 District and SF-0, Single-Family Zero Lot Line District
shall be permitted for a period not to exceed thirty (30) days per
calendar year.
(2)
No more than five (5) temporary signs shall by authorized by any
one (1) temporary sign permit.
(3)
The total square footage of all temporary signs placed by one permit
holder shall not exceed fifty (50) square feet.
(4)
The maximum permitted height of a temporary sign is six (6) feet.
(5)
The temporary sign permit fee shall be waived where the applicant
is a nonprofit organization that can demonstrate current IRS tax-exempt
status.
(b)
Portable signs.
Portable on-premises and off-premises
signs are permitted in nonresidential zoning districts and are subject
to the following regulations:
(1)
A person may display a portable sign for a new on-premises business
for a continuous period of six (6) months, beginning no earlier than
ninety (90) days before the date that the new business receives a
certificate of occupancy from the city.
(2)
Thereafter, a person may erect and display a portable sign for a
period of up to thirty (30) days. The portable sign shall be removed
for not less than thirty (30) days prior to the issuance of another
permit. No more than four portable signs may be placed on any property
during any calendar year. Permits for such signs shall be granted
only with the written consent of the owner of the property or the
person in charge of such property.
(3)
A portable sign must be removed before the permit authorizing the
sign expires. If the event, activity, or product advertised on the
sign terminates before the permit expires, then the sign must be removed
within three days of when this occurs.
(Ordinance 868, sec. 2, adopted 9/4/07; 2004 Code, sec. 3.1811; Ordinance adopting 2021 Code)
Construction signs are permitted in all zoning districts, subject
to the following restrictions:
(1)
One
construction sign is allowed on any premises on which construction
is taking place.
(2)
No
construction sign shall be erected prior to the issuance of a building
or development permit for the project to which the sign pertains,
and the sign shall be removed at the time of final approval of the
construction or development by the building official.
(3)
No
construction sign shall exceed twelve (12) square feet in gross surface
area per side or exceed six (6) feet in height.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1812)
Real estate signs are permitted in all zoning districts, subject
to the following restrictions:
(2)
Undeveloped property.
Real estate signs may be erected
on undeveloped property as follows:
(A)
No more than one real estate sign shall be permitted for every three
hundred (300) feet of street frontage on each premises, except that
a lot that has frontage on more than one street may have one sign
for each street on which the property fronts.
(B)
The total gross surface area for each sign shall not exceed sixteen
(16) square feet for each side.
(C)
Each sign shall not exceed ten (10) feet in height.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1813)
Kiosk signs are permitted within the city subject to the following
regulations:
(1)
Kiosk
signs are intended to create a uniform coordinated method of providing
direction for home buyers and citizens to the location of home subdivisions,
housing developments, and home builders. The signs are also intended
to provide direction to municipal or community facilities, community
events, Lake Worth Independent School District facilities, churches
and businesses within the city limits while discouraging the placement
of other unsightly and hazardous off-site directional signs.
(2)
The
city council may, by duly executed license agreement(s), grant the
exclusive right to design, erect, and maintain kiosk signs within
the city limits. The city council shall determine the number of kiosk
signs to be allowed in the city and in doing so shall consider the
policy stated in this section.
(3)
Kiosk
signs shall be designed and constructed in accordance with the specifications
contained in the aforementioned license agreement in addition to the
following general specifications.
(4)
Prior
to erecting any kiosk sign, the licensee shall submit a sign location
map to the city manager or his/her designee for approval.
(5)
Kiosk
sign installations shall include breakaway design features as required
for traffic signs located in rights-of-way.
(6)
No
additional or extraneous signs, pennants, flags, or other devices
for visual attention or other appurtenances shall be attached to the
kiosk signs.
(7)
Sign
design shall be approved by the city manager or his/her designee prior
to fabrication. The individual sign panels shall be approved by the
city manager or his/her designee in accordance with the standards
set forth in this section.
(8)
Kiosk
signs shall not be illuminated.
(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 or other visibility easements.
(10)
In accordance to the specifications contained in the aforementioned
license agreement, a percentage of the kiosk sign individual sign
panels shall be reserved for the city to use as directional signage
to municipal or community facilities or locations of community events.
If no space is available on a current kiosk sign, a new sign will
be provided for the city’s use at a location designated by the
city.
(11)
There shall be at least 100 feet from any kiosk sign to another kiosk
sign.
(12)
The licensee(s) shall be responsible for all construction, installation,
maintenance and repair of the kiosk signs at no cost to the city.
(13)
Notwithstanding anything contained herein to the contrary, any sign
authorized under this article to contain commercial copy may contain
noncommercial copy in lieu of commercial copy.
(Ordinance 958 adopted 2/8/11; 2004 Code, sec. 3.1814; Ordinance adopting 2021 Code)
Directional signs are permitted in the city subject to the following
regulations:
(1)
The
maximum permitted height is three (3) feet.
(2)
The
maximum area is eight (8) square feet with a maximum of four (4) square
feet of gross surface area per sign face.
(3)
The
maximum number of signs is two (2) signs per premises.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1815)
Inflatable signs are permitted in nonresidential zoning districts,
subject to the following regulations:
(1)
Inflatable
signs shall not exceed twenty (20) feet in height or ten (10) feet
in width, and shall be fastened securely in place. No balloon shall
be flown at a height exceeding one hundred (100) feet above ground
level.
(2)
No
inflatable sign shall be attached to the roof of a building or other
structure.
(3)
An
inflatable sign permit shall be valid for fourteen (14) days. No more
than four (4) inflatable sign permits shall be issued per calendar
year for any one premises.
(4)
No
inflatable sign shall be located within twenty (20) feet of a roadway
or a driveway or other ingress or egress from a property.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1816)
(a)
No
premises within the city shall have more than three (3) permanent
flag poles, and no flag pole shall exceed thirty-five (35) feet in
height, measured from ground level.
(b)
No
more than one (1) flag per premises shall display any commercial message,
which shall be limited to the logo of the business.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1817)
In the event of a grand opening in a nonresidential zoning district,
the signs authorized by this section may be erected in addition to
any other signs permitted under this article.
(1)
A
grand opening sign permit shall be valid for thirty (30) days, which
must be completed within the ninety (90) day period following issuance
of a certificate of occupancy.
(2)
A
grand opening sign permit may authorize the use of pennants, flags,
banner signs, an inflatable sign, and a portable sign that comply
with the general provisions of this article, and that are specifically
identified in the permit application. No more than three (3) banners,
one (1) inflatable sign, and one (1) portable sign shall be allowed.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1818)
The following signs are exempt from the requirements of this
article:
(1)
Protective
signs that have as their purpose the protection of life and property.
(2)
Signs
or markers giving information about the location of underground electric
transmission lines, telegraph or telephone properties and facilities,
pipelines, public sewers or water lines or other public utilities.
(3)
Signs
erected by an agency of the state or a political subdivision of the
state.
(4)
The
display of a national flag or state flag, emblem, insignia, legal
notices or informational, directional or traffic signs which are legally
required or necessary to the essential functions of government agencies
(state, federal, and city).
(5)
Signs
with street names and/or street numbers.
(6)
Memorial
signs or tablets, names of buildings and date of erection, when cut
into any masonry surface or when constructed of bronze or other noncombustible
material.
(7)
Temporary
or portable decorative displays for holidays, public demonstrations,
civic, school or religious events, or community service announcements
which do not contain advertising.
(8)
Signs
which state the name of the company which constructed a fence, not
to exceed one square foot in size.
(9)
Signs
on vehicles, unless used or intended to be used to direct attention
to a business, profession, activity, product, service or event conducted,
sold or offered upon the premises where the vehicle is located. It
shall be prima facie evidence that a vehicle is intended to be used
for this purpose if the vehicle is parked on the premises for a continuous
period exceeding seventy-two (72) hours.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1819)
(a)
Notwithstanding
any other provision of this article, any sign that may display a commercial
message may also display a noncommercial message, either in place
of or in addition to the commercial message, so long as the sign complies
with the other requirements of this article and other city ordinances.
(b)
Notwithstanding
any other provisions of this article or other ordinance, any sign
that may display one type of noncommercial message may also display
any other type of noncommercial message, so long as the sign complies
with the other requirements of this article and other city ordinances.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1820)
(a)
A
sign lawfully existing or under construction on the effective date
of this article (Ordinance adopted February 14, 2006) or any amendment
thereto which does not conform to one or more of the provisions of
this article may be continued in operation and maintained as a legal
nonconforming sign. A nonconforming sign shall be allowed to remain
until such time as:
(1)
The sign is abandoned;
(2)
The property owner or tenant changes or alters the sign in any manner
other than by normal maintenance to the configuration existing at
the time of enactment or amendment of this article; or
(3)
It is determined by the building official or his designee that the
sign is a threat to health, safety, or welfare of the citizens and/or
a public nuisance.
(b)
A
nonconforming sign which has been blown down or otherwise destroyed
by wind, fire or damages from any other source may be repaired, if
the sign is not abandoned, provided that the cost of repairing the
sign is sixty (60) percent of the cost of erecting a new sign of the
same type at the same location, or less. If the cost of repairing
the sign is more than 60 percent of the cost of erecting a new sign
of the same type at the same location, the sign may not be altered,
reconstructed, repaired or replaced, and the owner shall remove the
sign or bring it into compliance with this article.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1821)
A sign erected without a permit, either prior to or after the
adoption of this article (Ordinance adopted February 14, 2006) is
an illegal sign if a permit was required for its erection at the time
the sign was erected. A person commits an offense if the person maintains
an illegal sign.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1822)
(a)
A
sign that is visible from a public place and that is abandoned is
declared a public nuisance.
(b)
A
person commits an offense if the person maintains an abandoned sign
on property he owns or controls.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1823)
(a)
If
the building official shall determine that any sign is abandoned,
or requires a permit but none has been issued, he shall give written
notice to the property owner, sign owner, lessee, or sign erector
to remove such sign. If the property owner, sign owner, lessee, or
sign erector fails to remove the sign within ten (10) days after such
notice, the building official shall remove the sign at the expense
of the owner of the property upon which the sign is located. The building
official shall cause to be removed without notice any sign which is
an immediate hazard to persons, and the cost of same shall be paid
by the property owner, sign owner, lessee or sign erector.
(b)
Any
sign which is removed by the building official pursuant to this section
shall be impounded and stored. Records of where such signs are located,
and when removed, shall be kept. The building official shall send
a letter to the owner of such sign, if known, or, if not known, to
the owner or person in control of the premises where such sign was
located, giving notice of such impoundment.
(c)
The
building official shall hold the sign in storage for at least thirty
(30) days after notice of impoundment has been mailed. Any sign may
be redeemed by the owner upon payment of the costs of removal of and
hauling the sign to storage, as determined by the building official,
plus a per-day storage fee. Such fees shall be established by the
city council.
(d)
Any
sign not reclaimed by the owner thereof within thirty (30) days of
the mailing of the notice of impoundment shall be disposed of in accordance
with applicable law.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1824)
The city council shall have the authority to hear and decide
appeals where it is alleged there is error in any order, requirement,
decision or interpretation made in the enforcement of this article
and to hear requests for variances from the literal provisions of
this article for the erection of new signs in instances where strict
enforcement of this article would cause unnecessary hardship or practical
difficulties due to circumstances unique to the property or the individual
sign under consideration. The city council may grant such variances
only when it is demonstrated that such action will not injure and
will be compatible with the use and permitted development of adjacent
properties and that the granting of the variance will be in keeping
with the spirit and intent of this article.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1825)
The fees to be charged under this article are as set forth in the fee schedule in appendix A of this code.
(Ordinance 820 adopted 2/14/06; 2004 Code, sec. 3.1826; Ordinance adopting 2021 Code)
