§ 19.105  REGULATED SIGNS EXEMPT FROM OBTAINING A SIGN PERMIT.
   (a)   City Council findings. The City Council finds that allocating public funds and staff resources to those signs that present the most public safety and aesthetic problems will better achieve the overall purpose of this Article X. Requiring a permit for every type of sign in the city would unduly tax staff resources, thus diluting the overall enforcement of this Article X. Therefore, the City Council finds that the following signs shall be regulated pursuant to this Article X, but shall be exempt from the requirement of obtaining a sign permit and from the payment of a permit fee.
   (b)   Regulations. No sign permit shall be required for the signs listed in subsection (c) below, provided:
      (1)   The sign is permitted in the zoning district in which the sign is placed;
      (2)   The requirements for each sign listed in subsection (c) below are satisfied; and
      (3)   The sign does not violate the following provisions of this Article X, which apply to all signage in the city:
         (A)   Section 19.106 (Signs Prohibited in All Districts);
         (B)   Section 19.107 (Computations); and
         (C)   Section 19.108 (General Provisions, Including Basic Design Elements).
   (c)   Regulated signs exempt from permit requirements.
      (1)   Balloons. Balloons less than 24 inches in diameter are exempt from obtaining a permit.
      (2)   Boutique sale signs. Boutique sale signs are exempt from obtaining a permit, provided:
         (A)   Each sign is a maximum of six square feet in total surface area and three feet in height;
         (B)   There is a maximum of four signs per boutique sale ;
         (C)   If a sign is installed on property other than the property having the sale, the property owner having the boutique sale must have the permission of the property owner where the sign is installed:
            (i)   No signs shall be allowed in the public rights-of-way or on utility poles pursuant to subsection (b) above; and
            (ii)   There shall be a maximum of two signs on any street frontage of any site for the following signs:
               (aa)   Off-site signs for temporary special events for places of worship, schools, parks and public buildings;
               (bb)   Off-site signs for garage sales ;
               (cc)   Off-site signs for realtor directional/open housing signs; and
               (dd)   Off-site signs for boutique sales.
         (D)   The boutique sale signs are allowed only twice each calendar year per site and the signs are permitted for a maximum of four days each occurrence.
      (3)   Building markers. Building markers are exempt from obtaining a permit.
      (4)   Construction signs. One temporary freestanding construction sign or wall sign per project construction site is exempt from obtaining a permit on each street frontage of the project (commercial, industrial and single-family residential projects of six or more lots or multiple-family projects), subject to the following conditions.
         (A)   The construction sign shall not exceed 32 square feet in area in residential districts or 64 square feet in area in all other districts.
         (B)   The construction sign shall be a maximum of six feet in height with a minimum setback of ten feet from any public street right-of-way line for residential districts or 15 feet in height with a minimum setback of 20 feet from any public street right-of-way line for other districts.
         (C)   The construction sign of a project approved by the city may be erected at the time of approval and shall be confined to the site of construction.
         (D)   The construction sign shall be removed ten days after issuance of the first temporary certificate of occupancy permit and prior to occupancy, or in the case of a residential subdivision, be removed when 75% of the lots are sold.
      (5)   Flags.
         (A)   Flags, noncommercial. Noncommercial flags are exempt from obtaining a permit, provided the poles on which they are mounted shall be no taller than 12 feet above the highest outside wall of the tallest building on the site, are placed a minimum of ten feet from the public right-of-way, and maintain a side and rear yard setback not less than the height of the pole. A maximum of two noncommercial flags are permitted per acre. Noncommercial flags are permitted on light poles only if the flag is above the light source and meets all other requirements in this section. The American flag may be illuminated to meet United States Flag Code rules. All flag lighting must comply with § 21.301.07(c)(6) of the city code.
         (B)   Flags, commercial. A maximum of two commercial flags are allowed per site and are exempt from obtaining a permit if all of the following standards are met:
            (i)   The flags must display the name or logo for a place of business located on the site ;
            (ii)   The flags and associated flagpole must be no taller than 12 feet above the highest outside wall of the tallest building on the site ;
            (iii)   The flags and associated flagpole must be placed a minimum of ten feet from the public right-of-way;
            (iv)   The flags and associated flagpole must maintain a side and rear setback not less than the height of the pole;
            (v)   The site must have at least three acres to have commercial flags; and
            (vi)   Commercial flags must not exceed 25 square feet each.
      (6)   Garage sale signs. Garage sale signs are exempt from obtaining a permit, provided:
         (A)   Each sign is a maximum of six square feet in total surface area and three feet in height;
         (B)   There is a maximum of four signs per garage sale ;
         (C)   If a sign is installed on property other than the property having the sale, the property owner having the garage sale must have the permission of the property owner where the sign is installed:
            (i)   No signs shall be allowed in the public rights-of-way or on utility poles pursuant to subsection (b) above; and
            (ii)   There shall be a maximum of two signs on any street frontage of any site for the following signs:
               (aa)   Off-site signs for temporary special events for places of worship, schools, parks and public buildings;
               (bb)   Off-site signs for garage sales ;
               (cc)   Off-site signs for realtor directional/open housing signs; and
               (dd)   Off-site signs for boutique sales.
         (D)   The garage sale signs are allowed only twice each calendar year per site and the signs are permitted for a maximum of four days each occurrence.
      (7)   Home improvement/home construction/home remodeling signs. Home improvement/home construction/home remodeling signs are exempt from obtaining a permit, provided:
         (A)   There shall be only one such sign not exceeding six square feet in total surface area and four feet in height for each lot;
         (B)   Such sign shall be located on the lot the described activity is occurring and shall be a minimum of ten feet from the property line; and
         (C)   The sign shall be displayed only until approval of the final inspection or the project is substantially completed, but in no event longer than 30 days.
      (8)   Home security signs. Home security signs are exempt from obtaining a permit, provided that such signs do not exceed one square foot in total sign surface area.
      (9)   Interior signs and window signs. Interior signs and window signs are exempt from obtaining a permit.
      (10)   Murals. Murals are exempt from obtaining a permit.
      (11)   Official signs and notices. Official signs and notices are exempt from obtaining a permit.
      (12)   Political signs. Political signs are exempt from obtaining a permit.
      (13)   Public notices. Public notices are exempt from obtaining a permit.
      (14)   Public utility signs. Public utility signs are exempt from obtaining a permit.
      (15)   Real estate signs. Real estate signs are exempt from obtaining a permit, provided:
         (A)   Real estate signs for single- or two-family residential dwellings or lots.
            (i)   There shall be one sign per street frontage up to a maximum of two signs per lot;
            (ii)   Such sign shall be located on the lot for sale or lease and shall be a minimum of ten feet from any public street right-of-way;
            (iii)   Such sign shall not exceed ten square feet in total surface area and six feet in height;
            (iv)   Real estate signs shall not be directly illuminated and shall be removed within seven days after closing has occurred; and
            (v)   If a temporary directional or open house real estate sign is installed on property other than the property having the sale, the person placing the sign must have the permission of the property owner where the sign is installed. The temporary directional or open house sign shall be allowed only when a sales agent is present on the property which is for sale:
               (aa)   No sign shall be allowed in the public street right-of-way. Also see § 19.106(b); and
               (bb)   There shall be a maximum of two signs on any street frontage of any site for the following signs:
                  (AA)   Off-site signs for temporary special events for places of worship, schools, parks and public buildings.
                  (BB)   Off-site signs for garage sales ;
                  (CC)   Off-site signs for realtor directional/open house signs; and
                  (DD)   Off-site signs for boutique sales.
         (B)   Real estate signs for all other uses.
            (i)   General provision. The real estate sign shall be located on the site for sale or for lease and shall not be directly illuminated unless incorporated into the site’s identification sign.
            (ii)   For real estate signs adjacent to I-35W, I-494 and TH-77. The site may elect one of the following options, subject to the provisions of the clear view triangle area as defined in § 19.108(e) and subject to the provisions of § 19.108(c):
               (aa)   Incorporate the real estate sign into the permanent identification sign and increase the total allowed sign surface area by a maximum of 32 square feet. The 32 square feet addition to the identification sign can be used at the discretion of the property owner, so long as the identification sign is utilized for any real estate information. No other real estate sign shall be allowed; or
               (bb)   One real estate sign, not exceeding 32 square feet, shall be permitted per street frontage up to a maximum of two signs per site. Freestanding real estate signs are subject to a maximum height of eight feet, and the sign setback must be a minimum of 20 feet from any public street right-of-way line. Real estate signs mounted on a building wall must not extend above the roofline.
            (iii)   For signs on other street frontages. The site may elect one of the following options, subject to provisions of the clear view triangle area as defined in § 19.108(e) and subject to the provisions of § 19.108(c):
               (aa)   Incorporate the real estate sign into the permanent identification sign and increase the total allowed sign surface area by a maximum of 16 square feet. The 16 square foot addition to the identification sign can be used at the discretion of the property owner, so long as the identification sign is utilized for any real estate information. No other real estate sign shall be allowed; or
               (bb)   One real estate sign, not exceeding 16 square feet, shall be permitted per street frontage up to a maximum of two signs per site. Freestanding real estate signs are subject to a maximum height of six feet, and the sign setback shall be a minimum of ten feet from any public street right-of-way line. Real estate signs mounted on a building wall must not extend above the roofline.
            (iv)   Two street frontages. If a site is allowed two real estate signs due to two street frontages, both frontages shall use the same style option, either incorporating the real estate sign into the permanent identification signs or utilizing separate real estate sign. In addition, if one frontage is adjacent to I-35W, I-494 or TH-77, the regulations in subsection (c)(15)(b)(ii) above apply; for other street frontages, the regulations in subsection (c)(15)(B)(iii). above apply.
      (16)   Residential name plates. Residential name plates are exempt from obtaining a permit, provided:
         (A)   There may be one sign not exceeding one and one-half square feet in area permitted for each residential building. Home occupation information may be placed on the residential name plate; and
         (B)   The name plate shall be located a minimum of ten feet from any property line or public street right-of-way line.
      (17)   Tombstones. Tombstones are exempt from obtaining a permit when located in approved cemeteries.
      (18)   Traffic control signs. Traffic control signs, public or private, are exempt from obtaining a permit.
      (19)   Special temporary signs to announce employment opportunities at commercial/industrial uses.
         (A)   General provision. Special temporary signs to announce employment opportunities shall be allowed only in the Class II, III, IV and V Sign Districts.
         (B)   On-site temporary signs.
            (i)   Maximum size and number. One temporary sign shall be allowed on any street frontage. The maximum size for a temporary wall sign shall be 100 square feet. The maximum size for a freestanding sign shall be 16 square feet.
            (ii)   Maximum height and minimum setbacks. Any temporary sign shall maintain a minimum setback of ten feet from any street right-of-way. No temporary wall sign shall be placed above the highest outside wall. The maximum height for a temporary freestanding sign shall be six feet.
            (iii)   Design. No stringers and balloons may be used with the temporary sign.
            (iv)   Time period for signage. Temporary signs to announce employment opportunities may be used at any time during the year.
               Exception. There shall be a maximum of one temporary sign on any street frontage of any site for the following signs:
               (aa)   Temporary signs for commercial promotions; and
               (bb)   Special temporary signs to announce job opportunities.
      (20)   Special temporary signs announcing future development. One temporary freestanding construction sign or wall sign per development site (commercial, industrial and single-family residential projects of six or more lots or multiple-family projects) is exempt from obtaining a permit on each street frontage of the project, subject to the following standards:
         (A)   Size. The sign may not exceed 32 square feet in residential districts, 64 square feet along freeway frontages, 32 square feet along arterials and 16 square feet along collector and local streets;
         (B)   Height and setback. In residential districts the sign must not exceed six feet in height with a minimum setback of ten feet from any public street right-of-way. In nonresidential districts the sign must not exceed 15 feet in height with a minimum setback of 20 feet from any public street right-of-way;
         (C)   Approval. The sign must not be erected before approval of final plans or plats by the City Council; and
         (D)   Removal. The sign must be removed within ten days after issuance of the first temporary certificate of occupancy permit and prior to occupancy, or in the case of a residential subdivision, must be removed when 75% of the lots are sold.
      (21)   On-site temporary signs for exhibits or awards. On-site temporary signs for a long term exhibit or activity (over 60 continuous days) or to announce State or National awards at schools, parks, museums and public buildings are allowed subject to the following standards.
         (A)   Number and size. A maximum of one temporary wall sign per street frontage. The sign may not exceed 100 square feet. The name or recipient of the award must not exceed 25% of the temporary sign area.
         (B)   Location. Temporary signs for exhibits or awards must be located on the wall adjacent to or above the primary building entrance. No temporary wall sign may be place above the top of the wall.
         (C)   Maximum time period. Temporary signs for exhibits are allowed for up to three months prior to the event and must be removed upon completion of the event. Temporary signs for awards must be removed within two years after the date of the award.
         (D)   Illumination. Temporary signs may not be illuminated.
         (E)   Affixed to building. Temporary signs must be affixed to the building to eliminate movement and be constructed of durable and weather resistant material.
      (22)   Access door signs on multiple tenant buildings are exempt from obtaining a permit, provided one sign, under two square feet, per access door.
      (23)   Farmers market and arts and craft festival signs. Farmers market signs are exempt from obtaining a permit but must meet the following standards:
         (A)   Maximum size and number. Two temporary signs are allowed per street frontage in addition to the temporary directional signs discussed below. The maximum size per temporary sign is 50 square feet.
         (B)   Maximum height and minimum setbacks. Any temporary signs must maintain a minimum setback of five feet from any street right-of-way unless the farmers market or arts and crafts festival itself has approval to locate in the right-of-way. No temporary sign is allowed to be placed above the highest outside wall of a structure. All temporary signs are subject to the requirements of § 19.108(e)(1), clear view triangle area.
         (C)   Time period for signage.  Temporary signs are not allowed to be displayed before 24 hours before the opening of the farmers market or arts and crafts festival or after two hours after closure of the farmers market or arts and crafts festival.
         (D)   Location. Temporary signs are only allowed to be placed in yard areas and on buildings below the roof line and are not allowed to be placed within two feet of public sidewalks, or on sidewalks, parking lots (except for vendor signs), parking lot islands, retaining walls, boulders, planters or any other areas prohibited by the city code.  Signs are only allowed to be placed on the site of the farmers market or arts and crafts festival and with property owner authorization.
         (E)   Illumination. The signs are not allowed to be artificially illuminated.
         (F)   Vendor signs. Each market vendor is allowed one additional sign during farmers market operations located in their respective vendor area no larger than 20 square feet in area.
         (G)   Types of permitted temporary signs. Banners, including banners on buildings, freestanding yard signs, properly secured sandwich board signs and commercial flags are permitted types of signs if they meet all other requirements of the city code.
         (H)   Temporary directional signs. Farmers markets or arts and crafts festivals may display temporary directional signs provided the following criteria are satisfied.
            (i)   The directional signs must maintain a minimum setback of five feet from any street right-of-way.
            (ii)   The maximum sign surface area is six square feet.
            (iii)   The maximum sign height is six feet.
            (iv)   No directional sign is allowed to be erected that is not clearly necessary for the safety and convenience of the public. In no instance will the number of directional signs exceed two per acre of total site area. Exception: if a site is less than one acre, the site is allowed two directional signs.
      (24)   Signs not visible from the public right of way. Signs located in Class I Sign Districts are exempt from obtaining a permit, provided:
         (A)   The sign is not visible from the public right of way.
         (B)   The sign meets the provisions of § 19.108.
         (C)   Illumination is permitted subject to §§ 19.108(d) and 21.301.07(c)(5).
(Ord. 96-40, passed 8-19-1996; Ord. 97-36, passed 8-18-1997; Ord. 98-9, passed 3-2-1998; Ord. 2001-11, passed 3-19-2001; Ord. 2007-7, passed 2-26-2007; Ord. 2013-2, passed 2-25-2013; Ord. 2013-19, passed 8-19-2013; Ord. 2015-15, passed 5-18-2015; Ord. 2016-6, passed 4-18-2016; Ord. 2017-17, passed 6-5-2017; Ord. 2019-4, passed 1-7-2019; Ord. 2019-10, passed 1-7-2019; Ord. 2019-50, passed 12-16-2019)