This article shall be known as the “2000 Valley View Sign Code” and is referred to in this article as “this article.”
(Ordinance 95, sec. 2, adopted 10/9/00)
To provide necessary regulation of all types of signs within the city that are not specifically regulated by the state.
(Ordinance 95, sec. 3, adopted 10/9/00)
The provisions of this article shall be the minimum requirements necessary to meet the purpose and intent of this article. The building official of the city is appointed as the sign code administrator for all matters of interpretation of this article.
(Ordinance 95, sec. 4, adopted 10/9/00)
Definitions not contained herein shall be in a standard list established by the planning and zoning commission and filed with the building official.
Sight visibility triangle.
Where one street, alley, driveway or a combination thereof, intersects with another, the “sight triangle” is the triangular area formed by extending the two property lines a distance of twenty-five feet from their point of intersection, and connecting these points with an imaginary line to join the said points and form the hypotenuse of the triangle. The edges of the driveway shall be used as property lines for the purpose of interpreting this requirement.
(Ordinance 95, sec. 5, adopted 10/9/00)
Any parties aggrieved by the decisions of the building official may file an appeal with the planning and zoning commission, board of adjustments, and then in the district court. Such parties shall have ten (10) days from the date of the decision to file such appeals. Variances for items or issues that are permitted may be requested from the planning and zoning commission. The variance filing fee shall be in the amount established by the fee schedule in appendix A of this code.
(Ordinance 95, sec. 6, adopted 10/9/00; Ordinance adopting Code)
No person shall construct, erect, move, enlarge, illuminate or change any sign regulated by this article, except in accordance with the provisions of this article. Repainting or changing the message of a sign shall not be considered as an alteration. The basic permit fee shall be in the amount established in the fee schedule provided in appendix A of this code except as follows:
(1) 
Billboard permit fees shall be in the amount established in the fee schedule provided in appendix A of this code. Renewal fee shall apply to existing billboards.
(2) 
Sign permit applications shall be made on such form as the building official may require. A sketch or drawing of each sign showing the size of the sign and the message displayed shall be the minimum required to be filed with the permit. Additional information may be required if needed.
(3) 
Applications for billboards shall have engineered drawings submitted, and be designed for a 70 mph wind load minimum.
(4) 
The provisions of the latest adopted version of the International Building Code and the National Electric Code shall apply for inspections and administrative matters.
(Ordinance 95, sec. 7, adopted 10/9/00; Ordinance adopting Code)
The following signs are exempt from regulation under this article, except as noted:
(1) 
Signs not exceeding four square feet normally associated with residential use, such as addresses, mailbox signs and warning or traffic signs posted on private property.
(2) 
Signs erected by a governmental body or public utility.
(3) 
Signs on currently licensed vehicles that are not primarily used as signs.
(4) 
Signs for real estate brokers indicating the property is for sale. Such signs shall be limited to four square feet in residential zoning, sixteen square feet in C-1 district, and to thirty-two square feet in C-2 and Manufacturing districts. Such signs shall observe the setback requirements established in this article. In addition, such signs in residential zoning shall be set back a minimum of five feet from any property line, nor in the sight triangle at intersections.
(5) 
Signs erected in connection with political campaigns. Such signs are limited to sixteen square feet, may not be placed in the sight triangles at intersections and must be removed within three days following the election.
(6) 
Signs regulated by state agencies that supersede local requirements.
(7) 
Signs or other displays used in conjunction with holidays, festivals or grand openings. Said displays may be placed two weeks before and removed within ten days after the conclusion of said holiday, etc.
(Ordinance 95, sec. 8, adopted 10/9/00; Ordinance adopting Code)
Banners not to exceed 5'x12', streamers, pennants and flags are not currently regulated with the following exceptions:
(1) 
Tattered, torn or weathered banners, streamers, pennants, and flags are not allowed and shall be removed upon official notification by the building official.
(2) 
Banners, streamers, pennants and flags over sidewalks and driveways shall be a minimum of eight feet above the finished surface.
(3) 
No more than two banners shall be allowed per location.
(4) 
Banners in excess of 5'x12', shall require a special permit from the planning and zoning commission.
(Ordinance 95, sec. 9, adopted 10/9/00)
The following signs are prohibited except as provided for elsewhere in this article:
(1) 
Portable or moveable signs. Exception: Two counterbalanced type signs are allowed at gas stations, convenience stores and similar type occupancies.
(2) 
Balloons over one foot diameter, blimps, propellers and other types of signs that move due to the action of the wind.
(3) 
Searchlights. Exception: On day of grand opening.
(4) 
Signs that move due to flashing lights or other similar display methods, except with the approval of the planning and zoning commission. Exception: Signs that display the time and temperature or weather conditions.
(5) 
Outside perimeter or neon lighting, except with the permission of the planning and zoning commission. Structure must also be designed for this type of installation for fire safety or other considerations.
(6) 
Any sign that blocks the view of motorists or is in the established sight triangle at intersections.
(7) 
Any sign that shines light into houses in a residential area.
(8) 
Any sign on public property or in the public right-of-way.
(9) 
Signs on utility poles, or within ten feet of any overhead electrical power transmission line, or on traffic sign poles.
(10) 
Signs painted directly on buildings (not windows).
(11) 
Signs attached to living vegetation.
(12) 
Home occupation signs in a residentially zoned area.
(13) 
Off-premises signs except as otherwise noted in this article.
(Ordinance 95, sec. 10, adopted 10/9/00)
(a) 
Information signs at construction sites, not to exceed fifty square feet in area.
(b) 
Any odd, different, unusual or spectacular signs not specifically covered by this article shall be referred to the planning and zoning commission on a case-by-case basis for special approval.
(Ordinance 95, sec. 11, adopted 10/9/00)
Billboards shall be permitted along Interstate Highway 35 and FM 922, and only if in accordance with the provisions of this section and with the approval of the board of aldermen.
(1) 
Spacing of billboards shall be a minimum of 1500 feet on I-35, and 2000 feet on FM 922, on the same side of the roadway, and only in A, C-1, C-2, M-1 or M-2 zoning.
(2) 
Maximum height is 35 feet measured from the principal travel lanes.
(3) 
Maximum size of billboards is 300 square feet per side, two sides maximum. Billboards may not be stacked above each other or placed on roofs of buildings.
(4) 
Billboards shall be a minimum of 100 feet from any other freestanding signs.
(5) 
Electrical services for billboards shall be underground.
(6) 
Billboards shall be set back a minimum of twenty-five feet from any property line to any part of the billboard.
(7) 
I-35 billboards shall not be placed within 300 feet of residential property. All additional provisions of the I-35 development standards shall also apply. FM 922 billboards shall not be allowed within 150 feet of residential areas.
(8) 
No billboard will be placed that will interfere with landing patterns at the airport.
(9) 
No billboard shall be placed within 900 feet of any school, church, hospital, retirement home, cemetery, historic district, convention center, or government building, nor within 1,500 feet of any park.
(10) 
All off-premises signs shall be of a monopole design and sufficiently designed to withstand a 70 mph wind load. Flagpoles in excess of twenty feet tall shall be designed for the required wind load.
(11) 
Property immediately adjacent to and underneath any off-premises sign for a distance of ten feet in any direction shall be kept clear of rubbish, trash or high weeds as defined by the various city codes.
(Ordinance 95, sec. 12, adopted 10/9/00; Ordinance adopting Code)
The number of signs allowed on a lot or building shall be determined as follows:
(1) 
A two-sided on-premises sign shall be counted as one sign.
(2) 
Each sign on a lot or structure shall require a separate fee.
(3) 
Only one freestanding sign allowed per business or lot unless there is property frontage on more than one street. If two signs are allowed, they must be on different streets and be at least 50 feet apart.
(Ordinance 95, sec. 13, adopted 10/9/00)
Except as otherwise noted in this article, the total surface area devoted to signs on any lot may not exceed the limitations set forth in this section:
(1) 
The maximum sign area permitted on any residential lot is four square feet.
(2) 
Allowed total square footage of signs shall be computed at the rate of 1.5 square feet of sign area per linear foot of property frontage up to 200 lineal feet. An additional .5 square foot of sign area is allowed for each additional lineal foot over 200 lineal feet.
(3) 
If a property has frontage of 100 feet or more on two separate streets, signs for the second side of street may be computed the same as in subsection (2) above (exceptions by variance).
(4) 
The sign surface area of any sign located on a wall shall not exceed 50% of the total surface area of the wall.
(5) 
Any lot with 500 feet or more of property frontage may have a second freestanding sign, provided they are located at least 250 feet apart.
(Ordinance 95, sec. 14, adopted 10/9/00)
Shall be as follows:
(1) 
Freestanding signs shall observe the following setbacks: All zoning districts: 10 feet.
(2) 
No sign attached to a building shall extend more than five feet above any parapet or roof surface.
(3) 
No sign shall project more than eight feet from a building wall, be less than seven feet above the ground level or finished surface, nor extend over public property, except as provided for in this article.
(4) 
The following height requirements from ground level or finished surface are in effect for freestanding signs:
(A) 
A, C-1, C-2, M-1 and M-2 districts: 35 feet.
(B) 
All other districts: 16 feet.
(Ordinance 95, sec. 18, adopted 10/9/00; Ordinance adopting Code)
Shall require an electrical permit and shall be constructed in accordance with the latest adopted version of the National Electric Code and any other applicable codes or ordinances.
(1) 
Lighting on signs shall be shielded so as not to shine onto a public right-of-way or into a residence.
(2) 
All electrical connections to freestanding signs shall be in conduit and underground.
(3) 
There shall be no lighted signs in residential areas except those associated with vending machines, telephone booths, open signs for motels and similar uses. No such sign may exceed two square feet.
(Ordinance 95, sec. 19, adopted 10/9/00)
(a) 
All signs and all components thereof shall be kept in a good state of repair.
(b) 
If a business, service or other enterprise ceases activity for a period of over 180 days, any signs at said location shall be deemed to be abandoned, and the sign owner or lessee or the property owner shall remove any sign identifying or advertising said business or activity or any product sold thereby, within 30 days of such abandonment. Removal shall mean to remove the face of the sign, paint over the message of the sign in a neat manner or to otherwise remove in a satisfactory and safe manner the advertising or other message contained by said sign.
(c) 
A written notice to alter or remove a sign shall be given by the building official by certified mail, return receipt requested, to the owner, lessee or person responsible for the sign. If such order is not complied with within five working days from the receipt of the letter, the building official shall initiate proceedings to have the sign removed at said person’s expense.
(d) 
Every new and existing sign of any type may be inspected by the building official or his representative at such intervals as may be required by the building official. Non-conformances shall be corrected in accordance with the provisions of a written notice.
(Ordinance 95, sec. 20, adopted 10/9/00)
Subject to the following restrictions, non-conforming signs that were otherwise lawful at the time of this article may be continued until they are required to be removed under the provisions of this article.
(1) 
No person may increase the extent of non-conformity of a non-conforming sign.
(2) 
A non-conforming sign may not be moved or replaced in any manner except to bring it into complete conformity with this article.
(3) 
Non-conforming signs severely damaged or destroyed by storms or tornadoes may not be replaced.
(4) 
Non-conforming signs damaged by non-storm events may be repaired as long as the cost of the repairs does not exceed 50% of the value of the sign.
(5) 
Signs considered to be non-conforming under the provisions of the previous ordinance shall still be considered to be non-conforming under the provisions of this article.
(Ordinance 95, sec. 21, adopted 10/9/00)
Any sign which is erected, installed, located or maintained in violation of this article may be removed by the building official, after proper notification as provided herein:
(1) 
A notice that describes the nature of the violation must be sent by certified mail, return receipt requested.
(2) 
Order the correction of the violation(s) within a specified time period which may not be less than five days from the receipt of the notice, and give notice that the building official may remove and/or impound the unlawful sign at the owner’s expense, if the violation is not corrected within the specified time period.
(3) 
If the person or business does not comply with the order within the specified time limit, the building official may in addition to the above, file charges against the person or business in municipal court.
(Ordinance 95, sec. 22, adopted 10/9/00)
(a) 
Any violation of this article shall be subject to penalties as provided for in this code.
(b) 
Any person or persons, permit holder, property owner, sign owner, agent, firm or corporation having the beneficial use of the sign, the owner of the land or structure on which the sign is located, and the persons in charge of erecting the sign are all subject to the penalties provided for violations of this article.
(c) 
By the passage of this article, no presently illegal or non-conforming use of signs shall be deemed to have been legalized, and no offenses committed, and no liability, penalty or forfeiture, either civil or criminal, incurred prior to the time that the existing sign ordinances or regulations were repealed and this article adopted, shall be discharged or affected by such repeal.
(Ordinance 95, sec. 26, adopted 10/9/00)