(a)
Popular name.
This article shall commonly be referred
to as the “sign ordinance.”
(b)
Scope.
This article, and the rules or regulations enacted
herein, shall apply in the city limits of the city.
(c)
Purpose.
The purpose of this article is to provide uniform
sign regulations for the city and its extraterritorial jurisdiction
and shall commonly be referred to as the city “sign ordinance.”
Its provisions shall be held to be the minimum requirements in the
installation, erection, location, alteration, replacing, improving
and maintenance of all signs not exempted. It is further intended
to encourage signs which are well-designed; which preserve locally
recognized values of community appearance; which protect public investment
in and the character of public thoroughfares; which aid in the attraction
of shoppers and other visitors who are important to the economy of
the city; which reduce hazards to motorists and pedestrians traveling
on the public roadways; and thereby to promote the public health,
safety and welfare.
(d)
Enforcement.
It is an offense to construct, enlarge,
erect, relocate or replace any sign in violation of this article.
An offense under this article is a misdemeanor.
(Ordinance 150623B, sec. 1, adopted 6/3/15)
(a)
Rules of interpretation.
Words and phrases used in this
article shall have the meanings set forth in this section. Terms that
are not defined below are given their common, ordinary meaning unless
the context clearly requires otherwise. When not inconsistent with
the context, words used in the present tense shall include the future
tense; words in the plural number shall include the singular number
(and vice versa); and words in the masculine gender shall include
the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
(b)
Advertising matter.
Alteration.
Animation.
Attached sign.
Awning.
Back-to-back sign.
Balloon (inflatable advertising).
Banner sign.
Bench sign.
Billboard.
Builder’s directional sign.
Business sign.
Canopy.
Changeable copy sign.
Changeable electronic variable message sign (CEVMS).
Chief building official.
City.
City limits.
City of West.
Construction sign.
Decorative flag.
Development sign.
Dilapidated or deteriorated condition.
Directional sign.
Directory sign.
District, business.
District, commercial.
District, historical.
District, residential.
Enclosed frame/changeable copy sign.
Erect.
Flag.
Flashing sign.
Framework.
Freestanding sign.
Gasoline pricing sign.
Height measurement.
Illegal signs.
Illuminated sign.
Incidental sign.
Lighted sign.
Logo.
Maintenance.
Menu board.
Message board sign.
Monument sign.
Movable sign.
Multi-tenant monument sign (retail plaza sign).
Mural.
Nameplate.
New business sign.
Nonconforming sign.
Off-premises sign.
On-premises sign.
Pennants, decorative.
Person.
Pole sign.
Political sign.
Portable (or moveable) sign.
Projecting sign.
Pylon sign.
Reader-board sign.
Real estate land sale.
Real estate sign.
Residential construction.
Responsible party.
Roof sign.
Searchlight.
Sidewalk sign.
Sign.
Sign area.
Sign box.
Snipe sign.
Spill light.
Structural change.
Temporary sign.
Vehicular sign.
Vertical banner.
(1)
(2)
(3)
Wall area.
Wall area, multistory building.
Wall sign.
Window sign.
Specific terminology.
The placement on, anchoring of or suspension from any building,
pole sign, sidewalk, parkway, driveway, lawn, area or parking area
of any goods, wares, merchandise or other advertising object which
is, but not limited to, light, inflatable objects, pennants, or flags
for the purpose of calling attention to.
The changing of copy of any existing sign shall be deemed
an alteration. The changing of moveable parts of a sign which are
designed for changing, or the repainting of display matter, or the
repairing in place shall not be deemed to be alteration.
The presentation of pictorials and graphics, displayed in
a progression of frames which give the illusion of motion.
Wall signs, roof signs, projecting signs, awnings, canopies,
and fences.
An architectural projection, which provides weather protection,
identity or decoration, and is supported by the building to which
it is attached. It is composed of a lightweight rigid or retractable
skeleton structure over which another cover is attached which may
be of fabric or other materials. An awning may be illuminated. Sign
text and logos on awnings are included in the wall signage area, but
only the area of the sign (not the entire awning area). An “awning”
less than twenty-four (24) inches or two (2) feet in depth is not
considered a functional awning and therefore is only considered a
wall sign and all of the surface area of it is counted as sign area.
A sign structure with two (2) faces back-to-back, oriented
in opposite directions and separated by not more than two (2) feet
at the mid-point of each sign, with the same copy on both sides.
A nonporous, flexible inflated device utilized to garner
the attention of the general public or as general advertising.
A temporary sign intended to be hung either with or without
a frame, possessing characters, letters, illustrations, or ornamentation
applied to paper, plastic, or fabric of any kind.
Any signage attached to or placed upon any part of a bench
seat.
A freestanding sign containing at least 128 square feet of
face area and owned by a person who engages in the business of selling
the advertising space on that sign.
A sign providing direction or instruction to guide persons
to sites where new homes are under construction, usually off-premises.
An on-site sign which directs attention to, and/or is used
to identify a business, profession, organization, institution, commodity,
service, activity, entertainment, or other nonresidential use conducted,
sold, or offered on the premises where such sign is located, or within
the building to which such sign is affixed.
A canopy is a roof-like structure that shelters a drive lane
use such as, but not restricted to, a gasoline pump island. A canopy
is open on two (2) or more sides and may be supported by either columns
or by being attached to the building to which it is an accessory.
A canopy is not considered a separate building for signage purposes.
A sign that is utilized year round, but the copy is changed
periodically, advertising different specials associated with retail
sales. Size limited to eight (8) square feet, with no dimension larger
than four (4) feet.
A sign which permits or is operated in a way that light is
turned on or off intermittently, including an illuminated sign where
illumination is not kept stationary or constant in intensity and color
at all times when such sign is in use.
The person or agency designed by the city to serve in this
capacity.
The City of West, an incorporated municipality located in
Bell County, Texas. As applied to this article, the term encompasses
area in both the incorporated municipal boundaries (i.e., city limits)
and the extraterritorial jurisdiction (ETJ). The term may also refer
to employees, agents or other designee of the City of West.
The incorporated municipal boundary of the City of West.
The governing body of the City of West (i.e., the city council).
A temporary sign identifying individuals or companies involved
in the design, construction, wrecking, or improvements of the premises
where work is under construction.
A flag or banner that contains no name, initials, logos,
insignia or similar items, used to attract attention.
A temporary on-site sign providing identification on information
pertaining to residential or commercial development to include the
builder, property owner, architect, contractor, engineer, or mortgage
and/or project name.
Where structural support or frame members are visibly bent,
broken, dented, deteriorated or contain torn sign copy materials and/or
paint to such an extent that a danger of injury to persons or property
is created, or where the sign or the structure is not in compliance
with the building code or ordinances adopted by the city.
Any sign, other than a highway marker or any sign erected
and maintained by a public authority, which is erected for the purpose
of directing persons to a place, structure or activity not located
on the same premises as the sign.
A sign listing the occupants of a building, or group of buildings
on the same parcel, and/or identifying the location of and providing
directions to any establishment on the same parcel.
All nonresidential areas within the City of West’s
municipal boundaries and its ETJ, excluding those areas defined as
the historical district or the commercial district along the Interstate
Highway 35 (IH-35) corridor.
All property with direct frontage on IH-35 within the municipal
boundaries and ETJ of the City of West.
The area legally defined on the official zoning map for the
City of West as adopted on April 3, 2008, modified for this article
to exclude property west of Church Street that fronts IH-35.
The area designated residential on the official zoning map
for the City of West.
See changeable copy sign.
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting of the signs on the exterior surface
of a building or structure.
A piece of cloth or fabric usually rectangular in shape,
of distinctive color and design, used as a symbol, a standard or signal
to attract attention. Exemptions to this are patriotic flags, i.e.
U.S., state, seasonal and city flags.
An illuminated sign on which the artificial source of light
is not maintained stationary or constant in intensity and color at
all times when such sign is illuminated. For the purpose of this article,
any moving illuminated sign affected by intermittent lighting shall
be deemed to be a flashing sign.
A support structure which meets all existing wind and load
requirements as stated in the city’s ordinances, designed to
secure a banner or an inter-changeable copy on all sides.
A sign not attached to a building. A freestanding sign may
be either a pole (pylon) sign, a billboard, or a monument sign.
An outdoor advertising display with changeable copy letters
and numerals that displays the current price of fuel or gasoline for
sale.
The height of any sign shall be measured vertically at ninety
(90) degrees from the ground at the base of the sign.
Any sign erected or maintained in violation of this article.
A sign which has characters, letters, figures, or designs
illuminated by internal or external electric lights, luminous/neon
tubes or other means that are specifically placed to draw attention
to, or provide nighttime viewing of, the subject matter on the sign
face.
Small sign, less than two (2) square feet in surface area,
of a noncommercial nature, intended primarily for the convenience
of the public. Included are signs designating restrooms, address numbers,
hours of operation, entrances to buildings, directions, help wanted,
public telephones and so forth. Also included in this group of signs
are those designated to guide or direct pedestrians or vehicular traffic
to an area or place on the premises of a business building by means
of a directory designating names and addresses only.
See illuminated sign.
A “logo” is any design or insignia of an organization,
individual, company, or product which is commonly used in advertising
to identify that organization, individual, company or product.
The routine cleaning and preservation of signs and support
structures, together with all their supports, braces, guys, and anchors,
necessary to keep in a state of good repair, including keeping content
kept neatly painted and posted at all times, and preventing signs
from becoming frayed, discolored or torn. This term does not include
substantial modifications or expansion to the height, area or lighting
of the sign. The term includes changing letters, messages, or message
panels without changing the sign or its components, cleaning, and
replacement of bulbs or fluorescent tubes.
A sign displaying the menu for a drive-up window for a food
establishment.
A sign composed of a matrix of individual bulbs or lights
which are capable of displaying lights in a running or continuous
fashion so as to provide transient pictures or information.
A sign permanently affixed to the ground at its base, supported
entirely by a base structure, and not mounted on a pole or part of
a building. A monument style sign is wrapped with rock, brick, masonry
or approved masonry-like material. Alternate, accent material to compliment
the building or structure may be utilized but shall not exceed twenty
percent (20%) of the material of the sign. The square footage of landscaping
around the sign shall equal or exceed the square footage of the total
sign area.
See portable sign.
A monument style sign which is wrapped with rock, brick,
masonry or approved masonry-like material.
A graphic displayed on the exterior of a building generally
for the purposes of decoration or artistic expression, including,
but not limited to painting, fresco, or mosaic. Murals are considered
art and not advertising; they cannot contain names, logos, text or
slogans.
Nonilluminating wall signs, not over one (1) square foot
in area, displaying the name and profession of the occupant of the
building.
A sign for purpose of announcing the opening of a new business
including, but not limited to, signs announcing “coming soon”
or “now open.”
Any sign lawfully constructed which fails to conform to the
provisions of this article.
The term “off-premises sign” means a sign which
is issued or intended to be used to attract attention to activities,
commodities, services or other endeavors not offered on the premises
on which the sign is located.
The term “on-premises sign” means a sign which
promotes or advertises activities, commodities, services, or endeavors
which are offered on the premises on which such sign is located.
A wind device usually made of a lightweight plastic, fabric
or other material whether or not containing a message of any kind,
usually triangular in shape and attached to a common cord. This definition
also includes streamers attached to a common cord.
Any human being, corporation, association, sole proprietorship,
company, or agency. The term also includes a general contractor, subcontractor,
or truck driver.
A freestanding sign supported by a pole or poles having no
guys or braces to the ground or to any other structure.
A sign upon which the content is primarily related to notice
of or advocacy for an election of a person to public office, or a
proposition to be voted upon at an election called by a public body.
The term includes a sign espousing a political cause or expressing
a person’s or group’s viewpoint or opinion on an ongoing
issue of public concern.
Those signs that are not firmly attached to the ground, a
building, or other structure, and those that can be easily moved or
carried about and reused numerous times at different locations; includes
signs mounted on trailers and sandwich board signs, and vertical banner
signs.
A sign that projects from a building or wall to which it
is affixed, by more than eighteen (18) inches.
See pole sign.
A changeable copy sign with strips attached to the face of
the sign to hold removable display letters and numerals for the purpose
of identifying products sold or services provided by the related business
tenant on the same premises.
A temporary sign announcing the sale of real estate on parcels
in excess of one acre.
A temporary sign pertaining to the sale, lease or rental
of real property.
A temporary real estate sign announcing the construction
of residential development.
The person responsible under this article for a sign shall
be:
A sign erected above a roof or parapet of a building or structure.
Any apparatus capable of projecting a beam or beams of light
for the purpose of attracting attention to a commercial establishment.
A folding A-frame sign used to promote a business. The signs
are usually two-sided.
Every sign, name, number, identification, description, announcement,
declaration, demonstration, device, display, flag, banner, pennant,
illustration, logo, balloon, streamer, valance, advertising display,
poster, light or insignia, affixed directly or indirectly to or upon
any building, window, door or outdoor structure, calling attention
to any object, product, service, place, or activity.
Calculation means the area of the sign to be computed by
drawing a line or lines around the sign in such a way as to form a
rectangle oriented horizontally. The sum square footage of these figures
shall be considered as the total area of the sign face. A sign face
may be single sided or double sided, as with a typical pole sign;
however, to calculate the area of a multi-sided sign, the sum of all
sides of the sign shall not exceed twice the area specified for sign
face.
The rectangle used to calculate the sign area.
A sign made of any material when such sign is tacked, nailed,
posted, pasted, glued or otherwise attached to trees, poles, fences,
or other objects, and the advertising matter appearing thereon is
not applicable to the use of the premises upon which such sign is
located, (e.g., lost dog, garage sale).
Light emitted by the lighting installation that falls outside
the boundaries of the property on which the installation is sited.
A modification to an existing sign altering the amount of
surface area, shape, orientation, height, illumination, or location.
Any sign constructed of cloth, canvas, plastic, light fabric,
wallboard or other material with or without frames intended to be
displayed for a limited period of time only.
Any sign attached to a trailer, skid, or similar mobile structure,
where the primary use of such structure is to provide a base for such
sign or constitute the sign itself.
Any sign of a lightweight fabric or similar material that
is mounted to a pole in a vertical fashion secured at top and bottom
of banner. These include the following:
Swooper flag.
Also referred to as a feather flag or wind flag, means a
temporary, freestanding, vertical sign that flutters in the wind from
a harpoon-style pole or staff driven into the ground for support,
or having a crossbar base suitable for standing or weighting the sign
securely on a hard surface.
Teardrop sign.
Also referred to as a feather sail, means a temporary, freestanding,
vertically-tapered sign consisting of a semi-rigid membrane sign face
on a wire or metal rod frame and tipped with a ground spike, or having
a crossbar base suitable for standing or weighting the sign securely
on a hard surface.
Vertical banner sign.
A type of banner that is mounted to a light standard in a
vertical orientation by a frame at two or more edges, and which is
used on-premises or by the city.
The area of the wall from the finished floor elevation (or
top of foundation) to the top of the parapet wall or to the bottom
of the eave, whichever is highest. This wall area is as shown on the
architectural elevation of the wall including glass area and recessed
wall areas.
The sign wall area calculation for multistory buildings shall
be based upon the height of the first story (including any mezzanine
level).
A sign which is attached or affixed to the wall of a building
or is an integral part of the wall of a building with the exposed
face of the sign in a plane parallel to and not extending more than
twelve (12) inches from said wall. A wall sign shall not extend above
the wall/parapet to which the sign is attached. For the purpose of
this section, awnings, canopy fascias, and mansards extending along
a building side shall be considered a part of the wall. The roof (including
mansard and fake mansard roofs) and roof area are not included in
the wall area.
A sign attached to, placed upon or painted on the window
or door of a building which is intended for public viewing from the
exterior of such building and is limited to a maximum of twenty percent
(20%) of window area.
(Ordinance 150623B, sec. 2, adopted 6/3/15)
(a)
Permit required.
(1)
It is an offense to construct, enlarge, erect, reconstruct, relocate
or replace any sign within the city limits except as permitted by
this article.
(2)
A separate permit shall be required for a sign for each business
entity, and a separate permit shall be required for each group of
signs on a single supporting structure.
(3)
It is an offense to construct, enlarge, erect, reconstruct, relocate
or replace any sign within the city limits in violation of the city’s
building code or electrical codes.
(b)
Inspections.
All signs for which permits are required
shall be subject to inspection by the city. Application for a permit
shall constitute consent for the city to enter upon the property before
issuing the requested permit, and fourteen (14) days thereafter to
verify compliance with all permit terms and conditions.
(c)
Plans required.
One set of site plans shall be submitted
with a sign permit application. The site plan should indicate position
of the proposed sign in relation to nearby buildings and other existing
advertising structures, as well as a property drawing showing a north
arrow, setback zones, easements and adjacent streets.
(d)
Permit fee required.
All signs erected in the city shall
be subject to fees as set forth in the fee schedule as adopted by
the city and noted on the permit application attached to Ordinance
150623B.
(e)
Application.
Application for a sign permit shall be
made in writing by the party ordering, installing or constructing
the sign upon official forms furnished by the city. Each application
shall include:
(1)
One set of plans;
(2)
A description of the proposed sign;
(3)
Any existing signs on the property;
(4)
All existing buildings on the property;
(5)
The number of possible tenants in the building;
(6)
The location by street and number of the proposed sign structure;
(7)
The distance from the sign to the property line;
(8)
The distance from the curb to the sign;
(9)
Size and height of the sign;
(10)
The district of the property where the sign is to be placed;
(11)
The name, address and telephone number of the property owner and
lessee (as applicable);
(12)
The name, address and telephone number of the registered contractor
erecting the sign. The contractor must be registered in the city;
(13)
The following may be required: illumination and landscaping details;
(14)
All required application fees stated on the permit fee schedule established
by the city council.
(f)
Application review.
An administratively complete permit
application, along with plans, fees, and specifications, shall be
considered, evaluated, and approved or denied by the city council
or its designated representative within thirty (30) days.
(g)
Variances.
(1)
Interpretation.
All questions of interpretation and
enforcement shall be first presented to the chief building official.
Any person aggrieved by any interpretation or by any decision or ruling
of the chief building official under this article, shall have the
right to appeal such decision or ruling. The appeal shall be processed
in the same manner as a variance.
(2)
Requests.
Within thirty (30) days after denial of a
sign permit by the city, a written request for a variance may be filed
with the city to appear before the city council.
(3)
Board action.
Unless an extension or postponement is
sought by the requestor, the board must first give public notice and
conduct a public hearing. The request for a variance must be considered
and action taken within forty-five (45) days of receipt of the request.
(4)
Findings.
The city may grant a variance upon affirmative
vote of a majority of the board and written findings as to the following
elements:
(A)
The unusual shape or topography of the property in question or some
other significant factor prevents signage allowable under the provisions
of this article from adequately identifying the business or other
activity located on the subject property.
(B)
The variance is not contrary to the public interest.
(C)
Due to special conditions, a literal enforcement of this article
would result in unnecessary hardship. Ordinarily, hardship that is
self-induced or that is common to other similarly classified properties
will not satisfy this requirement. Financial or economic hardship
alone will not ordinarily satisfy this requirement; and
(D)
The spirit and purpose of this article will be observed and the design
guidelines set forth in this article are substantially met and substantial
justice will be done.
(5)
Conditions.
The city may impose such conditions or requirements
upon a variance as are necessary in the city’s judgment to protect
the overall character of the community and to achieve the fundamental
purposes of this article.
(h)
Expiration, suspension, revocation.
(1)
Expiration of permit.
All permits shall expire and considered
no longer valid one hundred eighty (180) days after issuance unless
construction work has actually started before the expiration of such
period of time. In addition, construction must be completed within
one (1) year from the date of issuance of the building permit. The
city council may waive these provisions if the board determines the
situation warrants such waiver in order to alleviate a hardship imposed
by this section due to the unique situation presented on a particular
location or in a specific instance.
(2)
Suspension or revocation of permit.
The city may in
writing suspend or revoke a permit issued under the provisions of
this article whenever such permit is issued in error or issued on
the basis of incorrect information or where work is done in violation
of this article or any other law.
(Ordinance 150623B, sec. 3, adopted 6/3/15)
(a)
Maintenance.
(1)
All signs and sign support structures, together with all of their
supports, braces, guy wires and anchors, shall be kept in good repair
and in a proper state of preservation. The display surfaces of all
signs shall be kept neatly painted or posted at all times.
(2)
No sign shall be rebuilt, enlarged, extended, replaced, or relocated
without the issuance of a permit by the city.
(3)
No permit shall be required for ordinary maintenance and repair of
the sign or changing of the advertising message.
(b)
Nonconforming signs.
Any sign lawfully in existence
in the city on or before the effective date of this article and not
in conformity with this article, is hereby declared to be a legal
nonconforming sign, and shall conform to the following:
(1)
Repairs on legal nonconforming signs shall be limited to a maximum
repair value of sixty percent (60%) of the cost of new construction.
(2)
Any repair cost that exceeds sixty percent (60%) of the cost of new
construction will require removal of the nonconforming sign.
(3)
Any structural change on the nonconforming sign shall require the
sign to be brought into conformity with the requirements of this article.
(Ordinance 150623B, sec. 1, adopted 6/3/15)
(a)
Categories of exempt signs.
The following signs and
actions do not require permit; however, the following signs must still
comply with this article as to certain size, location, and time limitations.
(1)
Community service.
A sign which solicits support for,
or participation in, a nonprofit, on political, community, public
or social purpose, cause, event or activity, such as one marking a
holiday or holiday season, or one supporting school activities, charitable
programs, religious activities, or events of community interest. The
signs shall be on private property, not located in a public right-of-way,
do not exceed a surface area of eight (8) square feet, are not artificially
illuminated and contain no moving parts.
(2)
Government.
Signs erected by the city, state, or federal
government for the purpose of public instruction, street or highway
designation, control of traffic, and/or similar uses incidental to
the public interest.
(3)
Advertisement.
The changing of advertising copy or message
on a painted or printed sign, including theater marquee signs and
similar signs specifically designed for the use of replaceable copy,
change of face panel, or where the sign frame was designed for replaceable
plates, shall not require a permit.
(4)
Seasonal or patriotic.
Signs that are seasonal, logo-bearing,
U.S., state, or patriotic flags.
(5)
Maintenance.
Painting, repainting, or cleaning of an
advertising structure or message thereon for which no structural changes
are required. Electrical wiring work of any kind shall not be included
as part of this exemption.
(6)
Real estate.
Temporary real estate not exceeding eight
(8) square feet in area advertising availability of the premises.
Such signs shall be removed no later than seven (7) days following
sale or rental of the property.
(7)
Garage/yard sale.
Garage or yard sale signs not exceeding
four (4) square feet in area, posted no more than three (3) days prior
to and removed one (1) day after the sale.
(8)
Windows.
Signs attached to the inside of a window, in
any district and not exceeding four (4) square feet in area or twenty
percent (20%) of the window’s area.
(9)
Political.
Any sign in support of, or against, a political
candidate or issue.
(10)
Memorial/historical.
Memorial or commemorative plaques
or tablets denoting a building name and/or date of erection of a location
of historic significance and not exceeding four (4) square feet in
area.
(11)
Events.
A temporary sign or banner in conjunction with
special events such as a retail store sales promotion, philanthropic
campaign or church, school, circus, carnival or other community activity.
Such signs shall not exceed thirty-two (32) square feet in area, shall
not be erected more than fourteen (14) days in advance of the event
and shall be removed within three (3) days after the termination of
the event. A single temporary sign in conjunction with a special event
such as “grand opening” or “special sale”
shall not exceed thirty-two (32) square feet in area. It shall not
be erected more than fourteen (14) days in advance of the event and
shall be removed within one (1) day after the termination of the event.
A temporary sign advertising a regular monthly event shall not exceed
thirty-two (32) square feet in area and shall not be erected more
than three (3) days in advance of the event and shall be removed within
one (1) day after the termination of the event.
(12)
Construction.
Temporary commercial (construction) signs
conforming to federal guidelines not exceeding forty-eight (48) square
feet in area and limited to two (2) per site. It is a violation of
this article and a punishable offense if such signs are not removed
thirty (30) days following completion of work.
(13)
Retail.
Portable signs may be placed only on the property
where the business is located and shall not be located in a manner
to impede pedestrian movement. An unobstructed pedestrian clearance
of at least four (4) feet in width shall be provided adjacent to the
sign. Each business or tenant may display a maximum of one (1) portable
sign per road frontage on the property only during business hours.
The signs shall be placed no closer than twenty (20) feet from other
sidewalk signs.
(Ordinance 150623B, sec. 5, adopted 6/3/15)
(a)
Prohibited signs.
The following signs are prohibited:
(1)
Portable signs.
Any vehicle (operable or inoperable)
or trailer, skid, or similar mobile structure fitted, designed and
placed for the purpose of commercial advertising along roadway frontages.
(2)
Roof.
Any sign placed on a roof.
(3)
Modified.
Any sign designed to be used as a portable
sign shall not be altered for use as a permanent sign.
(4)
Snipe signs.
(5)
In public spaces.
All signs or other forms of advertising
in or over public street rights-of-way, public easements, alleys or
upon any utility pole, except those signs that are exempt pursuant
to above definitions.
(6)
Lighted signs.
Signs that contain flashing lights that
resemble emergency lights, strobe lights or any light(s) which may
resemble a governmental emergency beacon or traffic control device.
(7)
Commercial messages.
Rope lighting or linear LED lighting
along the perimeter of a building or installed in a manner to form
a commercial message.
(8)
Blocking entrances/exits.
Signs that prevent free ingress
to or egress from any door, window, or fire escape.
(9)
Traffic hazards.
Signs erected or displayed in such
a manner as to create a traffic hazard by obstructing free and clear
vision at any location, street, intersection, or driveway or making
use of the words “stop,” “look,” “danger,”
or any other word, phrase or symbol that interferes with or misleads
traffic.
(10)
Bright or hazardous lights.
Signs illuminated in excess
of 50 lux measured at eight (8) ft. from the sign or in such a manner
as to cause a glare or brightness to a degree that it constitutes
a hazard or nuisance to traffic or to adjoining residential areas.
(11)
Excessive or unreasonable light.
Use of light when not
required to ensure the security, safety and the general welfare of
the public and the premises, use of searchlights, and use of spill
light.
(12)
Unsafe signs.
Unsafe or poorly maintained signs that
show signs of deterioration or constitute a safety hazard by reason
of inadequate design, construction, installation, repair or maintenance.
(13)
Flashing, neon.
Flashing signs and neon signs are prohibited,
including CEVMS.
(14)
Obscene signs.
Obscene signs in which the dominant theme
of material taken as a whole appeals to a prurient interest in sex,
or is patently offensive because it affronts community standards relating
to the description or representation of sexual matters, and is utterly
without redeeming social value.
(b)
Offense.
It shall be an offense for any person to construct,
erect, or install a prohibited sign as listed above.
(Ordinance 150623B, sec. 6, adopted 6/3/15)
(a)
Freestanding signs.
(1)
Height and area limitations.
Freestanding signs shall
conform to limitations defined by the district where they are physically
located. Signs in the historic district can be a maximum of thirty-two
(32) square feet in area, shall not exceed a height greater than twelve
(12) feet above the level of the street upon which the sign faces,
and shall be monument signs. Signs in the business district can be
a maximum of fifty (50) square feet in area, shall not exceed a height
greater than twenty (20) feet above the level of the street upon which
the sign faces, and can be monument, pole or pylon. Signs in the commercial
district can be a maximum of two hundred twenty-five (225) square
feet and the height allowance is thirty (30) feet above the level
of the street upon which the sign faces or above the adjoining ground
level.
(2)
Space between signs and other signs and structures.
No freestanding sign shall be nearer than ten (10) feet to any other
sign, building or structure.
(3)
Number of freestanding signs allowed.
One (1) freestanding
sign is allowed per lot, or tract, or parent shopping center plot,
or separate building. A lot, tract, or building located at a street
intersection is allowed one (1) freestanding sign per street frontage.
(4)
The number of freestanding signs may be increased.
If
more than one (1) business, service or tenant occupies a single building
on a lot or tract, a maximum two (2) freestanding signs are allowed.
The combination of sign area for the two signs shall not exceed the
maximum allowed area. For example, two (2) 16 square foot signs (maximum
32 square feet) are allowed if two or more tenants are present in
one building. The signs may not exceed twelve (12) feet in height,
and may be placed at the 10' setback.
(b)
Attached signs.
(1)
Area limitations.
Attached sign for a single tenant
use may not exceed one (1) square foot of surface area for each linear
foot of building frontage on a public street up to a maximum of one
hundred (100) square feet.
(2)
Multiple tenants.
Where a multiple-tenant situation
occurs, the allotment and assignment of sign space shall be determined
by the landlord and tenants.
(c)
Monument signs.
Alternate, accent material to compliment
the building or structure may be utilized but shall not exceed 20%
of the material of the sign. The sq. footage of landscaping around
the sign shall equal or exceed the sq. footage of the total sign area.
(d)
Multi-tenant monument signs.
The base must be solid
unless approved otherwise by the chief building official (for safety/visibility
purposes only). This sign shall provide for spaces for advertising
(one for each tenant) for each of the sides of the monument sign,
not to exceed the number of tenants in the structure. The sq. footage
of landscaping around the sign shall equal or exceed the sq. footage
of the total sign area.
(e)
Political signs.
(1)
A political sign shall not be lighted or have any moving elements.
(2)
Political signs may be installed on property only with the consent
of a property owner and may not be installed in, on or over any street
or public right-of-way.
(3)
Political signs related to a particular candidate may be erected
no earlier than ninety (90) days prior to the election or primary
for which the sign is installed and must be removed no later than
ten (10) days after the election.
(f)
Illustration.
The following graphic shows generic examples
of specific types of signs in order to clarify what each looks like.
This visual representation is provided as an aide and is not itself
a regulation or specification.
(Ordinance 150623B, sec. 7, adopted 6/3/15)
(a)
Progressive notification of offenses.
Except as otherwise
provided in this article, the city shall provide persons accused of
violating this article with notifications in a progressive, incremental
manner as follows:
(1)
Notice of violation.
The responsible party shall be
notified by the city via certified mail regarding a sign that violates
this article. The responsible party shall remove the sign or bring
it into compliance within thirty (30) days of receipt of written notice
from the city.
(2)
Citation.
If a responsible party fails to bring the
sign into compliance within thirty (30) days of receipt of written
notice from the city, the city shall issue the responsible party a
citation (i.e., ticket).
(3)
Complaint.
If a responsible party fails to bring the
sign into compliance and pay the fine within ten (10) days of receipt
of a citation, the city shall file a sworn complaint in municipal
court and refer the matter to the city attorney for prosecution.
(b)
Criminal prosecution.
(1)
Fine.
Any person violating any provision of this article
shall, upon conviction in municipal court, be fined a sum not exceeding
five hundred dollars ($500.00) per offense.
(2)
Misdemeanor.
An offense under this article is a misdemeanor.
(3)
Separate offenses.
Each day that a person violates this
article shall constitute a separate offense.
(4)
Criminal state of mind.
The culpable mental state to
incur criminal liability under this article is recklessness.
(c)
Civil remedies.
(1)
Nothing in this article shall be construed as a waiver of the city’s
right to bring a civil action to enforce the provisions of this article
and to seek remedies as allowed by law, including (but not limited
to) injunctive relief.
(2)
Any person violating any provision of this article may be fined a
sum not exceeding one hundred dollars ($100.00) per offense.
(d)
Abandoned property.
In the case of a sign violating
this article on abandoned property, the city is authorized to remove
the offending sign and assess the costs to the responsible party.
(Ordinance 150623B, sec. 9, adopted 6/3/15)
