(A) A sign permit shall be required before the erection, re-erection, construction, alteration, placement or installation of all signs regulated by this chapter. Where signs are illuminated electrically, a separate electrical permit shall be obtained. In no such case shall a sign violate the clear sight triangle requirements.
(B) (1) Signs. Signs in the Performance District, Community and Village Districts are subject to the following.
(a) Billboards. Billboards include the following.
1. Billboards may be located along controlled access highways (I-25, I-10) on non-residential properties. In the Performance District, billboards are also permitted along major arterials as defined in this chapter.
2. The recommended allowed dimensions of a billboard face are 12- foot length by six-foot height (72 square feet, “eight-sheet poster”), plus frame; 24-foot length by 12- foot height (288 square feet, “poster”), plus frame; and maximum size is 48-foot length by 14-foot height (672 square feet, “small painted bulletin”), plus 40 square feet for cutouts.
3. Billboards over 288 square feet are allowed only along limited access highways. No billboard may be larger than 672 square feet exclusive of cutouts and aprons. Cutouts shall not exceed 10% of the total sign area. Aprons shall be painted the same color as the sign poles.
4. Two billboard faces, back to back or “V” shaped, with not more than a 45-degree angle of separation are allowed on a structure. Vertical and horizontal stacking of billboard faces is prohibited.
5. Billboards shall be supported by one or two metal poles or metal- sheathed wood poles or any other construction material providing the construction plans are stamped by a state licensed engineer. Billboards as attached signs are prohibited.
6. Billboards must be spaced at least 1,000 feet apart radially along major arterials, and at least 1,000 feet apart radially along limited access highways. This radial spacing includes billboards located in other towns, cities and counties.
7. A sign permit is required for billboards.
8. The maximum height of billboards shall not exceed 45 feet. Billboards shall not exceed 30 feet in elevation above the grade level of the roadway that they serve.
(b) Construction sign. One attached (wall) or freestanding (pole) sign per street frontage on the lot, up to 32 square feet per sign. The sign must be removed within 30 days after the completion of construction. A sign permit is required for signs larger than 32 square feet; no sign permit is required for signs less than 32 square feet;
(c) On-premises sign.
1. Up to two square feet of attached (awning, canopy, roof, projecting, wall, window) sign for each linear foot of wall that the sign will be placed on; with at least 32 square feet of sign allowed for a business. Signs may be placed on any wall of a building. Sign permit required except for window signs;
2. One freestanding (ground, pole, portable) sign of up to 100 square feet is allowed per lot with less than 300 feet to 600 feet of street frontage. Sign permit required;
3. One freestanding (ground, pole, portable) sign of up to 150 square feet is allowed per lot with 300 feet to 600 feet of street frontage. Sign permit required;
4. One freestanding (ground, pole, portable) sign of up to 200 square feet, or two freestanding signs of up to 100 square feet of each is allowed per lot with more than 600 feet of street frontage. Sign permit required; and
5. One freestanding monument sign mounted on or within a base (above grade), which is detached from any building. Maximum sign area shall be limited to 24 square feet at a height of six feet. Sign permit required.
(d) Future use sign. One attached (wall, window) or freestanding (pole) sign per lot, up to 32 square feet per sign. The sign must be removed within seven day after the use announced takes place on the property. Sign permit required for signs 32 square feet or larger in size. No sign permit required for signs less than 32 square feet;
(e) Personal opinion sign and political sign. One attached (wall, window) or freestanding (pole) sign per lot, up to 16 square feet. Signs relating to elections can only be displayed within 90 days before the election to seven days after. No sign permit required;
(f) Real estate sign. One attached (wall, window) or freestanding (pole) sign per street frontage on a lot, up to 32 square feet per sign. The sign must be removed within seven days after the sale or lease of the commercial space. A sign permit is required for signs containing 32 square feet or more. No sign permit is required for signs containing less than 32 square feet; and
(g) Temporary commercial displays. Temporary commercial displays include the following.
1. Up to four 14-day temporary periods are allowed for a year.
2. A temporary commercial display may incorporate the following items: banners, pennants and streamers and balloons (are not to exceed 30 feet from the ground to the top of the balloon). Balloons cannot be placed on top of a building, one portable sign, not flashing.
3. A sign permit is required for a temporary commercial display. A $100 bond will be posted by the display builder or business to ensure that the display will be removed when the sign permit expires. If the display is not removed within two days after the sign permit expires, the city may remove the display.
(2) Freestanding signs. Freestanding signs must be placed at least five feet behind all property lines, and at least 30 feet behind property lines fronting a controlled access highway. Freestanding signs must be placed outside the clear sight triangle. The maximum heights shall be limited to 20 feet of on-premises signs and ten for all other freestanding signs.
(3) Exempted signs. The following types of signs are allowed in all areas, and they do not require sign permits:
(a) Directional signs listing entrances, exits and parking locations: one freestanding sign per curb cut, plus one additional sign per 5,000 square feet of lot space, up to four feet tall and six square feet;
(b) Drive-through restaurant menu and ordering boards: one attached (wall) or freestanding (pole, ground) sign allowed per lot, up to 24 square feet;
(c) For sale, for rent and for lease signs on vehicles, boats, trailers and other items of personal property, buildings, land or other real estate;
(d) Garage sale signs may only be displayed while the event is in progress and must not be placed in public rights-of-way or on public property. A garage sale sign may have up to three square feet of face area;
(e) Historical markers, plaques and cornerstones;
(f) Legitimate holiday decorations;
(g) National, state and local flags;
(h) Newspaper and mailboxes;
(i) Open house signs may only be displayed while the event is in progress, and must not be placed in public rights-of-way or on public property. An open house sign may have up to six square feet of face area;
(j) Public utility warning and underground utility identification signs;
(k) Signs, notices, placards, certificates and official papers authorized or required by any statute, government agency or court;
(l) Signs for restrooms; logos of credit cards accepted; trading stamps; trade association and Chamber of Commerce membership; business hours; gasoline and car wash signs for pumps, oil racks, vacuum cleaners and supply racks; vending and newspaper machines;
(m) Signs painted on vehicles and trailers that are currently operating and registered, used in the legitimate business activities and not for advertising;
(n) Street numbering, address and family name signs and signs on mail and newspaper boxes that identify the logo of the subscriber’s newspaper; and
(o) Window signs that advertise home tours, fairs, carnivals, fiestas and other similar events.
(4) Prohibited signs. The following signs are prohibited unless otherwise noted:
(a) 1. Signs that have changing light, color or motion effects, whether deliberate or resulting from a defect in the sign.
2. This includes:
a. Blinking, flashing, chasing and strobe lights and exposed neon;
b. Alternating color lights and signs;
c. Rotating beacons and skylights;
d. “Eye catcher” and other metallic devices designed to reflect daylight and flash that exceeds 15% of the total sign area;
e. Signs with animated and rotating parts; and
f. Signs that emit smoke, steam or other visual matter.
(b) This restriction does not apply to:
1. Rotating barber poles at an approved barbershop;
2. Flashing and chasing lights on concessions and rides at fiestas, fairs and similar special events;
3. Warning signs placed by government authorities;
4. Strings of flashing and chasing lights displayed during the December holiday season. Such lights may not outline or highlight a sign;
5. Displays of time and temperature. Time and temperature must be accurate; and
6. The use of scotchlite or reflective tape.
(c) Signs placed in or over the public right-of-way or public property may be removed by the city;
(d) Signs placed on vehicles or trailers that indicate the primary use of it as a sign. This does not include vehicles and trailers contributing to the course of legitimate (non-advertising/ identification) business activities and legally permitted portable signs;
(e) Signs attached on rocks, trees, outcroppings or other natural features;
(f) Signs placed on light or utility poles, retaining walls, fences or other similar features. A development sign incorporated into a wall is allowed;
(g) Banners, pennants, streamers and other fluttering devices, except on a temporary display basis as described above;
(h) Attached signs placed above the top of the roofline of a building;
(i) Freestanding signs placed inside the clear sight triangle, or placed where they might obscure a clear view of traffic warning or control signals and signs, pedestrian crosswalks and handicapped curbside ramps;
(j) Signs that block doors, opening windows, air vents, stairs and ramps;
(k) Signs built and displayed without sign permits, if a permit is required; and
(l) Any sign not expressly allowed in this Sign Code.
(5) Sign permits.
(a) Prior to receiving a building permit for a billboard from the city, proof of approval for the proposed sign by the state (if applicable) must be provided to the city by the applicant.
(b) The following information shall be provided when applying for a sign permit.
1. In addition to the signs stipulated above as requiring sign permits, the following actions shall also be done only upon the applicant having received a sign permit:
a. Expansion to the face area or height of an existing sign;
b. Change in location of an existing sign; and
c. Change in the dimensions of an existing sign.
2. Sign permits shall contain the following information:
a. Sign owner’s name, address, zip code and telephone number;
b. Sign builder’s name, address, zip code and telephone number;
c. Property owner’s name, address, zip code and telephone number;
d. Proposed sign dimensions, area, placement and height;
e. Frontage of the lot along the street (freestanding signs);
f. Distance from the proposed billboard to the two closest existing billboards; and
g. Site plan.
3. Sign maintenance and removal include the following.
a. Signs shall be built and maintained in conformity with the structural standards of the most current Uniform Sign Code.
b. Signs must be kept clean and in good repair, both structurally and in appearance. All braces, bolts, clips, fastenings and supporting frames must be securely affixed to the support structure or wall. Signs shall be kept free of rust, rot, insect infestation, bird nests and other deterioration. Billboard posters shall be kept free of peeling, fading and other deterioration.
c. If the message portion of a sign is not maintained, is peeled or becomes faded and unreadable, the message portion shall be replaced within 45 days or the sign shall be removed. If structural elements of the sign structure separate, or collapse, or fall into severe disrepair, the sign shall be replaced within 45 days or the sign shall be removed. This section shall not be considered an alteration of the prohibition on the replacement of a non-conforming sign.
d. If a sign is considered to be unsecured, unsafe or in danger of falling, or it is damaged, destroyed, taken down or removed for any purpose other than copy change, the sign must be removed or repaired and made to comply with all standards in the Sign Code.
(6) Non-conforming signs.
(a) A non-conforming sign may not be altered, changed in shape or size, raised or replaced unless such action brings the sign into closer conformity with this chapter.
(b) A non-conforming sign may not be moved unless it is brought into compliance with all standards of the Sign Code.
(c) Non-conforming signs that do not comply with this section’s prohibition of signs in the public right-of-way and prohibition of freestanding signs in the clear sight triangle must be moved to comply with those sections of the Sign Code within 180 days of adoption of this chapter.
(d) No non-conforming sign or billboard shall advertise or identify an object, person, institution, business, product, service, event or location that is no longer in existence or no longer relevant; also, no such sign shall be left bearing a message that is illegible in whole or part. Such conditions must be remedied within 90 days of notice to the sign owner by the city. If such condition is not remedied within 90 days of such notice to the owner by the city, the sign shall be considered abandoned and it shall be removed by the sign owner, property owner or city. Reusing a sign declared abandoned according to this section is illegal.
(e) If any sign is installed, displayed or maintained in violation of the Sign Code, or the applicable code it was erected under, or if a sign is in need of repair, alteration or removal, a notice will be sent to the sign owner, lessee or property owner. If such notice is not acted on within seven days, the city may initiate proceedings to revoke the sign permit (if any was issued) and remove the sign.
(Ord. 2010-018, passed - -) Penalty, see § 150.999