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10-4-310: CONTEXT OF SIGNS:
The lettering and other identification markings on all signs within the city shall only include the following: the name and location of the business or building, the nature of the business, a logo, and an identification of the services rendered or the type of merchandise sold. Except as otherwise provided in this chapter, signs shall not contain multiple listings of business names, services rendered or types of merchandise. Except as otherwise expressly authorized by law, signs shall contain no references to the prices of merchandise or the prices of services performed. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 93-O-2181, eff. 11-19-1993)
10-4-311: DISCONTINUANCE OF THE USE OF SIGNS:
   A.   Nonstructural Sign Elements: No person shall permit any sign authorized by the provisions of this chapter, other than the structural parts thereof, to remain in place after the business or activity identified by such sign has ceased discontinued use of the building or premises where the sign is located.
   B.   Structural Parts: In addition to the provisions of subsection A of this section:
      1.   Notices: No person shall permit the structural parts of any sign authorized by the provisions of this chapter to remain in place after the business whose products or services are advertised has ceased or discontinued use of the building or premises where the sign is located for a period of ninety (90) days after written notification from the building official to remove such sign, unless such period is extended by the building official for good cause.
      2.   Reports: Upon failure to comply with the provisions of subsection B1 of this section, the building official may submit a report to the council requesting authorization for the removal of such sign by the building official and that the costs for such removal be levied as a special assessment against the land or building upon which such sign is located.
      3.   Hearings: Upon the receipt of such report, the council by resolution shall fix a time, date, and place for hearing such report and any protests or objections thereto. The city clerk shall cause notice of such hearing to be served by certified mail, postage prepaid, addressed to the last known owner of the sign. Such notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour, and place when and where the council will hear and pass upon the report of the building official.
Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the building official, together with any such objections or protests. The council may thereupon, by resolution, order the building official to remove such sign.
      4.   Cost Of Removal: Upon the completion of the removal of the sign, the building official shall submit a report to the council specifying the costs of the removal of the sign to be paid and levied as a special assessment against the land or building upon which such sign is located.
      5.   Hearings On Costs Of Removal: Upon the receipt of such report, the council by resolution shall fix a time, date, and place for the hearing on the confirmation of such report and any protests or objections thereto. The city clerk shall cause notice of such hearing to be served by certified mail, postage prepaid, addressed to the owner of the sign. Such notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour, and place when and where the council will hear and pass upon the confirmation of the report of the building official.
      6.   Confirmation: Upon the day and hour fixed for the hearing, the council shall hear and pass upon the report of the building official, together with any such objections or protests. The council thereupon may confirm by resolution the statement of costs of the removal of the sign contained in the report of the building official and cause the same to be paid and levied as a special assessment against the land or building upon which such sign is located. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 96-O-2268, eff. 10-18-1996)
10-4-312: SIGNS ON VACANT LAND:
   A.   Signs Prohibited: Subject to the exceptions set forth in subsection B of this section, no sign shall be placed upon any vacant lot on which no business is being conducted or on unimproved property.
   B.   Exceptions: Signs dealing exclusively with the sale, lease, or transfer of such property may be permitted subject to any and all of the regulations applicable thereto contained in this chapter and further subject to the following restrictions:
      1.   Such signs shall not be lighted; and
      2.   Such signs shall be located not less than ten feet (10') from the street line. (Ord. 80-O-1775, eff. 12-5-1980)
10-4-313: COLOR OF SIGNS:
   A.   Signs shall be limited to not more than three (3) colors. For the purposes of this section, the following rules shall apply to the determination of the number of colors in a sign:
      1.   The color of the lighting or illumination of a sign shall be considered a color of the sign.
      2.   In the case of a sign placed on a building surface without any border and with its background the same color as the building surface, the color of the background shall not be considered as a color of the sign.
      3.   Shades or gradations of color shall each constitute a separate color.
      4.   Black and white shall not be considered colors.
   B.   Notwithstanding the restrictions of subsection A of this section, the architectural commission may grant a sign accommodation pursuant to article 9 of this chapter to authorize more than three (3) colors on a sign, including shades of color or gradations of color.
   C.   Murals or similar displays painted or placed on a building or construction barricade, or a rendering of the project under construction placed on a construction barricade, shall be exempt from the color restrictions contained in this section. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 91-O-2119, eff. 7-5-1991; Ord. 93-O-2181, eff. 11-19-1993)
10-4-314: LIGHTING OF PREMISES:
   A.   Any perimeter or flood lighting or other external lighting, whether used for illumination or advertisement, which illuminates private land, buildings, signs, or structures, whether built upon or not, shall be permitted only when such lighting is installed on private property and hooded or shielded so that no direct beams therefrom fall upon public streets, alleys, highways, or other private property. Such lighting shall be subject to architectural review pursuant to chapter 3, article 30 of this title. The reviewing authority shall consider the color, design, and placement of the lighting fixtures and the color, design and intensity of the lighting.
   B.   Except as provided in subsection C of this section, any projected light display or exposed tube lighting element, such as neon, on the exterior of any building or structure that is not subject to regulation as a sign under article 6 of this chapter shall be subject to architectural review pursuant to the criteria set forth in section 10-3-3010 of this title, the architectural commission shall be the reviewing authority for purposes of such review.
   C.   Notwithstanding the foregoing, existing exposed tube lighting which is otherwise subject to regulation under subsection B of this section, but which can be documented to have been a feature of a building prior to November 20, 1969, is exempt from regulation pursuant to this article and may be refurbished or maintained without architectural review.
In addition, except as provided in this subsection, any exposed tube lighting element, such as neon, or projected light display on the exterior of any building, or any such lighting element or display in the interior of a building which is visible from a public street or alley, shall be subject to architectural review as a sign pursuant to chapter 3, article 30 of this title and shall be considered a sign, or a portion thereof, for the purposes of this article.
Notwithstanding the foregoing, existing exposed tube lighting which can be documented to have been a feature of a building prior to November 20, 1969, is exempt from regulation pursuant to this article and may be refurbished or maintained without architectural review. Furthermore, restoration of exposed tube lighting which is not existing but which can be documented to have been a feature of a building prior to November 20, 1969, is exempt from regulation pursuant to this article, but requires architectural review as a sign pursuant to chapter 3, article 30 of this title. (Ord. 80-O-1775, eff. 12-5-1980; amd. Ord. 93-O-2181, eff. 11-19-1993; Ord. 00-O-2345, eff. 5-19-2000)
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