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1. Painting Directly on Exterior Walls. Signs shall not be painted directly on any exterior building surface but shall be on a separate frame. Signs, letters, and symbols may be attached directly to a wall by adhesive or mechanical means.
2. Paper Signs. There shall be no paper cardboard or similar signs, notices, or flyers pasted, tacked, or otherwise affixed to the exterior wall or window of any building.
3. Revolving Beacons, Sequential Flashers, Flashing Signs and all Similar Devices. There shall be no use of revolving beacons, sequential flashers, or similar devices.
4. Portable or Movable Signs. There shall be no use of a sign so designed as to be movable from one location to another, such as (but not limited to) changeable message signs, reader boards, trailer, panel truck or semi-truck trailer, or other device whose function is to be stationary and serve as a sign except as described in Section 195.04(9) – Other Signs.
5. Overhanging Signs. No permanent or temporary signs shall be upon or overhang the public right-of-way or the boundary of adjacent property except traffic signs erected by the City, County, or State and except for signs in special areas such as Uptown or Prairie Trail Town Center as authorized by the Plan and Zoning Commission and City Council.
6. Open House, For Sale, Garage Sale Signs. Open house, for sale and garage sale signs, and the like may not be placed within street rights-of-way, easements, roadway surface, sidewalks, medians, and decorative surfaces, or within 300 feet of major arterial street intersections. Any sign so placed is a nuisance and traffic hazard and is hereby determined to be in violation of the sign regulations.
7. Advertising or Billboard Signs Prohibited. No sign which directs attention to a business, commodity, service, or entertainment shall be placed or located within any street rights-of-way. No sign shall be on property other than the premises on which the business, commodity, service, or entertainment is located.
Prior to issuance of a sign permit for other than the replacement of sign faces within an existing cabinet, the owner of the site and/or building shall designate a signage plan for all signs proposed to occur on the site and building. The signage plan shall include the maximum height and width of signs, materials, and colors to be used on signs and the location and dimensions of the sign area on the building and yard sign locations. All building signs shall be affixed to a building wall, within the designated sign area, and shall not exceed the allowable dimensions of this chapter. All freestanding signs shall be permanently installed in designated locations and shall not exceed the allowable dimensions of this chapter. All signs proposed by building owners or tenants shall adhere to the requirements outlined in the signage plan for the building.
1. The signage plan shall contain all of the information required for a master signage plan and shall also specify standards for consistency among all signs affected by the plan with regard to color scheme, lettering or graphic style, lighting, location of each sign on the buildings, materials, and sign proportions.
2. Other provisions of a plan may contain other restrictions as the owners of the development or buildings may reasonably determine.
3. The plan shall be signed by all owners or their authorized agents as required by the City.
4. A signage plan shall be included with any building permit authorization, site plan review, nonresidential planned unit development, exterior remodel or other official plan required for the proposed development and shall be reviewed simultaneously with other plans.
5. A signage plan may be amended by filing a new plan that conforms to all of the requirements of the City’s Code of Ordinances in effect at that time.
6. If a new or amended signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into compliance, within five years, all signs not conforming to the proposed amended plan or requirements of this chapter in effect on the date of submission.
7. After approval of a signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with the plan, and the plan may be enforced in the same way as any provision of this chapter. In case of any conflict between the provisions of a plan and this chapter, this chapter shall control.
1. Lighting Regulations.
A. All illuminated signs shall have an indirect or diffused light source and be designed so as not to direct rays of light onto public streets or adjacent property, thereby creating a nuisance or safety hazard.
B. Electronic message boards used as changeable copy signs or reader boards shall be required to adjust in intensity related to ambient light levels.
C. There shall be no flashing signs or use of flashing messages or pictures of any type including electronic message signs and video signs permitted in any district. For the purpose of this section, electronic message signs with smooth transitions such as fading or slow scrolling would not be considered flashing. For the purpose of this section video signs which display consistent images without dramatic changes in either image or intensity intended specifically to draw attention to the sign would not be considered flashing.
2. Changeable Copy and/or Reader Boards. A maximum of one-half of the total copy area allowed for a freestanding sign may be used for changeable copy or reader board.
3. Placement of Signs on Driveway Island or Entrance. No permanent or temporary sign shall be located upon a driveway median for a distance of a minimum of ten feet from a public street right-of-way.
4. Change of Sign Message. Upon any change or replacement of more than a sign face within an existing cabinet, the sign will constitute a new sign, requiring a new initial fee, and issuance of a new permit. If the sign does not exceed the size requirement as provided in this chapter and the change is in content only, an application and drawings must be submitted, but the fee will not be required.
5. Nonconforming Signs; Continuation of Previously Permitted Signs. Existing signs, other than temporary signs, which were permitted under sign regulations in effect prior to enactment of the ordinance from which this chapter is derived may be kept as and where they were then located, even though they may not conform to these regulations. Upon replacement of any elements of the sign other than the sign faces within an existing cabinet, there must be compliance with these regulations, unless the replacement is for the purpose of repair and is 100% identical to the original.
A. New off premises advertising signs (billboards) are not permitted. Existing non-conforming billboards are allowed to be converted to digital advertising signs subject to the following criteria:
(1) For every one existing sign face converted from non-electronic to a digital advertising sign, two other existing non-electronic billboard sign faces must be removed. Sign faces shall be removed so that in no instance shall a sign face be left on a structure without another sign face backing up to it and consequently exposing the back side of the sign structure.
(2) The digital advertising sign may not exceed the height or size (sign area) of the existing sign being replaced.
(3) The digital advertising sign shall be supported by a monopole structure, unless otherwise approved by City staff or the Plan and Zoning Commission.
(4) The maximum brightness of the digital advertising sign shall not exceed a luminance of 5,000 NITS during daylight hours. The maximum brightness of the sign shall not exceed a luminance of 500 NITS during the period from dusk to dawn.
(5) The digital advertising sign shall have an automatic dimmer control or ambient light monitors to produce an illumination change from a higher illumination level to a lower one for the period of time from dusk to dawn.
(6) Any image or message displayed on the digital advertising sign must have a minimum duration time of eight seconds.
(7) The transition from one image to another shall appear instantaneous. The use of special effects or specialized transitions is prohibited.
(8) Each image must be static and not contain any type of motion, animation, scrolling of text, or sequential displays.
(9) Digital advertising signs shall not be within 1000’ of each other when facing the same way.
(10) All approved digital advertising signs shall be made available for usage for Amber Alerts and other Emergency Community Notifications as deemed necessary by appropriate Emergency and Law Enforcement Agencies and community information approved by the City Council and City staff.
(11) All digital advertising signs will be permitted only after obtaining all applicable permits from the City and payment of all permit fees, provided the standards and restrictions in this section, as well as all applicable requirements of all other adopted ordinances and regulations of the City, are met.
(Subsection 5 -Ord. 1736 – Oct. 12 Supp.)
6. Illegal Signs. When an illegal sign exists upon a parcel of land or business property, the City may refuse to issue a permit for any other sign on that property until the illegal sign is removed.
7. Exposed Structural Components. Exposed backs of all signs and the sign structure must be painted a neutral color and otherwise be maintained so as not to have an adverse effect upon the adjacent property.
8. Signs Which Interfere with Traffic Signs, Signals or Devices. No sign shall be installed or allowed to exist, which, by reason of position, shape, color, or wording, would interfere with the proper functioning of any official traffic sign, signal, or device.
9. Maintenance; Refuse and Removal.
A. All signs shall be maintained in good condition and the areas around them kept free from debris, bushes, and high weeds and from anything else which would be a nuisance.
B. All business signs shall be removed from the building and property by the owner of the property within ten days after business or use is terminated except for framework that is expected to be used for a future business sign.
C. All signs shall contain current information. Outdated signs or signs with outdated information shall be removed by the owner.
D. When any sign is removed, the enforcing officer shall be notified and the entire surrounding area shall be cleared of all debris and unsightly projections and protrusions.
E. Signs not in compliance with this chapter.
(1) When a sign placed on private property is not in compliance with this chapter and has not been removed by the owner or operator of a business, the City shall have the right to remove the sign, after ten days’ written notice, and charge the cost of removal to the owner or operator. Where a safety hazard exists, the City may remove the sign without notice.
(2) When a sign placed on public property is not in compliance with this chapter, the City shall have the right to remove the sign immediately and store the sign for not less than three days, whereupon the City may dispose of the sign in a manner similar to other abandoned property.
10. Table of Setback and Height Requirements. The minimum setbacks and maximum heights shall be required for all signs, as detailed in Appendix C to this chapter.
1. Compliance with Chapter. No sign shall be erected, installed, constructed, or painted in the City, except in compliance with this chapter and unless it shall conform to and meet the requirements of this chapter.
2. Enforcing Officer. The Department Director shall be the enforcing officer of this chapter.
3. Permit Applications. The application for a sign permit shall be made upon forms provided by the City and shall state or have attached thereto the following information:
A. Name, address, and telephone number of applicant and owner of the sign and, in the case of multi-tenant buildings, the name, address, and telephone number of owner of the building and/or site;
B. Location of building, structure, or lot to which or upon which the sign is to be attached or erected;
C. Position of the sign or other advertising structures in relation to nearby buildings or structures;
D. A scaled drawing or photograph of the plans and specifications and method of construction or attachment to the building or in the ground;
E. Copy of stress sheets and calculations showing the structure is designed for dead load and wind velocity in the amount required by the City’s Building Code and if requested by the City Building Official;
F. Name of person erecting the structure; and
G. Other information as the City may require.
4. Permit Fees. Permit fees for signs shall be as established by City Council Resolution.
5. Variances Authorized. To provide reasonable flexibility in the sign regulations, the Board of Adjustment may approve a variance for a sign otherwise not permitted by these regulations where an exception would not be inconsistent with the intent of the sign regulations.
6. Variances; Conditions to Granting. No variance shall be granted unless the Zoning Board of Adjustment shall find that either of the conditions outlined in paragraph A and B exists:
A. All of the following requirements must be met:
(1) Special conditions exist which are peculiar to the land, structure, and building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) The special conditions and circumstances do not result from the actions of the applicant;
(3) A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations;
(4) That granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures or buildings in the same district; and
(5) The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties and there will be no deterrence to development of vacant land.
B. Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service.
7. Variances; Requests, Fees. All requests for variances shall be made in writing to the City on the form provided by the City and the request shall include the fee specified in the City Council Resolution. All information required when applying for a sign permit, as outlined in this chapter, shall be required before the request for a variance is considered by the Zoning Board of Adjustment.
(Chapter 195 amended by Ord. 1651 – Apr. 10 Supp.)
The following are size regulations for all temporary signs.
Sign Description | Pylon Sign | Ground Sign | Building Sign | Maximum Area (square feet) |
Construction | --- | * | --- | * |
Real Estate | --- | 1 | 1** | 6 in residential district; 32 in other districts |
Development | --- | 1 | --- | 64 in any district |
Noncommercial | --- | 1 | --- | 6 |
Other | --- | *** | *** | *** |
Promotional | --- | Note | --- | 32 |
* See Section 195.03(1)(C) ** Multi-tenant spaces may have 1 building sign per vacant space. *** See Section 195.04(9) Note: as determined by the City Council | ||||
The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the City and payment of permit fees, providing standards of this chapter are met.
Zoning District/Land Use | Pylon Sign* | Ground Sign | Building Sign | Sign Area Ground (square feet) | Sign Area Building (square feet) |
Agricultural | --- | 1 | 1 | 40 | 40 |
Residential SF | --- | --- | --- | --- | --- |
Residential MF | --- | 1 | --- | 40 | --- |
Institutional | --- | 1 | 1 | 40 | 40 each building |
Neighborhood Commercial | --- | 1 | 1 | 60 | 1.0 sq. ft./lin. ft. with a maximum size not to exceed 100 sq. ft. |
Uptown | --- | 0 | 1 | 1.0 sq. ft./lin. ft. with a maximum size not to exceed 100 sq. ft. | |
General Business | |||||
Single occupant | * | 1 | 1 | 80 | - 1.0 sq. ft./lin. ft. for buildings set back up to 40 ft. with a maximum size not to exceed 100 sq. ft. - 1.5 sq. ft./lin. ft. for buildings set back 41 to 100 ft. - 2 sq. ft./lin. ft. for buildings set back greater than 100 ft. or abutting I-35 right-of-way. |
Multi-occupant | * | 1 | 1/business | 100 | - 1.0 sq. ft./lin. ft. for buildings set back up to 40 ft. with a maximum size not to exceed 100 sq. ft. - 1.5 sq. ft./lin. ft. for buildings set back 41 to 100 ft. - 2 sq. ft./lin. ft. for buildings set back greater than 100 ft. or abutting I-35 right-of-way. |
Regional/Shopping Center | |||||
Multi-occupant Under 50,000 sq. ft. | * | 1 | 1/business | 120 | - 1.0 sq. ft./lin. ft. for buildings set back up to 40 ft. with a maximum size not to exceed 100 sq. ft. - 1.5 sq. ft./lin. ft. for buildings set back 41 to 100 ft. - 2 sq. ft./lin. ft. for buildings set back greater than 100 ft. or abutting I-35 right-of-way. |
Multi-occupant Over 50,000 sq. ft. | * | 2 | 1/business | 150 | - 1.0 sq. ft./lin. ft. for buildings set back up to 40 ft. with a maximum size not to exceed 100 sq. ft. - 1.5 sq. ft./lin. ft. for buildings set back 41 to 100 ft. - 2 sq. ft./lin. ft. for buildings set back greater than 100 ft. or abutting I-35 right-of-way. |
Light Industrial | --- | 1 | 1 | 100 | - 1.0 sq. ft./lin. ft. for buildings set back up to 40 ft. with a maximum size not to exceed 100 sq. ft. - 1.5 sq. ft./lin. ft. for buildings set back 41 to 100 ft. - 2 sq. ft./lin. ft. for buildings set back greater than 100 ft. or abutting I-35 right-of-way. |
Heavy Industrial | --- | 1 | 1 | 100 | - 1.0 sq. ft./lin. ft. for buildings set back up to 40 ft. with a maximum size not to exceed 100 sq. ft. - 1.5 sq. ft./lin. ft. for buildings set back 41 to 100 ft. - 2 sq. ft./lin. ft. for buildings set back greater than 100 ft. or abutting I-35 right-of-way. |
Planned Development | The ordinance establishing each planned development district shall be used to determine the most applicable zoning district designated for each lot and signs shall be permitted by the most applicable zoning district, as determined by the Department Director. | ||||
* Pylon signs will only be considered on sites with interstate frontage. | |||||
(Ord. 1871 - Jan. 16 Supp.)
The following minimum setbacks and maximum heights shall be required for all signs. All signs shall be placed in a manner to avoid conflicts with visibility triangles at streets, sidewalks, trails and driveways.
Type of Sign | Minimum Setback; Public Street Right-of-Way Line (feet) | Minimum Setback; Other Yards (feet) | Maximum Height (feet) |
Advertising | Minimum required building setback | Minimum required building setback | 25 feet |
Business Building | Minimum required building setback | Minimum required building setback | Highest outside wall |
Construction | 5 feet | 5 feet, with a minimum of 50 feet from a residence | 8 feet |
Development; Residential, Commercial and Industrial | 5 feet | 5 feet, with a minimum of 50 feet from a residence | 10 feet |
Garage Sale, Political and Promotional | 5 feet | 5 feet | 6 feet |
Ground Sign | 5 feet | 5 feet | 15 feet |
Major Anchor/ Shopping Center | 10 feet | 5 feet | 30 feet/25 feet** |
Menu Boards | 20 feet | 5 feet | 8 feet |
Monument Development Sign | 5 feet | 5 feet | 8 feet |
Pylon Sign* | 5 feet | 5 feet | 30 feet |
Real Estate | 5 feet | 5 feet | 8 feet |
Noncommercial | 5 feet | 5 feet | 8 feet |
NOTES TO TABLE: * A pylon sign must be a minimum of 100 feet from any other pylon sign. Any pylon or ground sign must be 300 feet away from any major anchor/shopping center sign. ** A major anchor/shopping center sign may be 30 feet tall along the Interstate 35 right-of-way. | |||