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1163.08 DESIGN AND CONSTRUCTION STANDARDS.
   In addition to assuring compliance with the numerical standards of these regulations, the Zoning Administrator and the Architectural Board of Review, when approving signs, shall consider the proposed general design, arrangement, texture, material, colors, lighting placement and the appropriateness of the proposed sign in relationship to other signs and the other structures both on the premises and in the surrounding areas, and only approve signs which are consistent with the intent, purposes, standards and criteria of the sign regulations. Specific standards for determining the appropriateness of the sign shall include, but not be limited, to the following conditions:
   (a)   The lettering shall be large enough to be easily read from the public street but not out of scale with the building, site or streetscape.
   (b)   The number of items (letters, symbols, shapes) shall be consistent with the amount of information which can be comprehended by the viewer, reflect simplicity, avoid visual clutter and improve legibility.
   (c)   The shape of the sign shall not create visual clutter.
   (d)   Signs shall have an appropriate contrast and be designed with a limited number of, and with the harmonious use of, colors. Signs, if seen in series, shall have a continuity of design with the style of sign generally consistent throughout the building or block. Continuity of design means uniformity of background colors or harmonious use of a limited range of complementary background colors.
   (e)   The size, style and location of the sign shall be appropriate to the activity of the site as prescribed elsewhere in these regulations.
   (f)   The sign shall complement the building and adjacent buildings by being designed and placed to enhance the architecture. The sign shall reflect the primary purpose of identifying the name and type of establishment.
   (g)   The sign should be consolidated into a minimum number of elements.
   (h)   Instructional signs shall contain the minimum information and the minimum area necessary to convey the message and instruct the viewer in the safe and efficient use of the facility.
   (i)   A sign should be constructed with a minimum of different types of material so as to provide a consistent overall appearance.
   (j)   No part of a sign shall project above the parapet line, except as may be permitted under the projecting sign terms of Section 1163.07.
   (k)   All signs in commercial and special districts may be illuminated provided that light sources to illuminate such signs shall be shielded from all adjacent residential buildings and streets, and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists, or as to cause reasonable objection from adjacent residential districts.
   (l)   No flashing or moving parts shall be permitted for any sign or advertising display within the City except when conditionally permitted as part of a marquee sign pursuant to Section 1163.06(e)(7).
   (m)   No paper posters shall be applied directly to the wall or building or pole or other support. Letters or pictures in the form of advertising that are printed or painted directly on the wall of a building are prohibited, except for window signs pursuant to this Chapter and conditionally permitted murals.
   (n)   No sign or advertising device shall be permitted which, by color, location or design, resembles or conflicts with traffic control signs or devices.
   (o)   Pennants, banners, streamers, whirligig devices, bare strings of light bulbs, balloons, and other similar devices are prohibited except for banners and pennants when part of public information signs installed by the City pursuant to Section 1163.02(b).
   (p)   All signs shall be designed, constructed, and erected in a professional and workmanlike manner, in conformance with all applicable building codes, and with materials which are durable for the intended life of the sign.
   (q)   For any sign which projects above a public right of way, the sign owner shall obtain and maintain in force liability insurance for such sign in such form and in such amount as the Law Director may reasonably determine. Proof of such insurance shall be required prior to obtaining a permit.
   (r)   Freestanding signs shall be designed and located so as not to obstruct a driver's visibility entering or exiting a lot or to be a safety hazard to pedestrians or vehicles, and shall comply with the requirements set forth in Section 1165.03(e) for maintaining clear sight at an intersection. (Ord. 025-2023. Passed 6-5-23.)
1163.09 ADMINISTRATIVE PROCEDURES.
   (a)   A permit shall not be required for the following signs when such signs are in full compliance with these sign regulations:
      (1)   A safety/security sign in a residential district.
      (2)   A nameplate sign in any district.
      (3)   A temporary window sign.
   (b)   A permit is required to erect any sign not exempt in subsection (a) hereof.
   (c)   Approval from the Architectural Board of Review shall be required for the following signs:
      (1)   Multiple-family and conditional uses in residential districts.
         A.   Residential or institutional identification signs;
         B.   Instructional signs that exceed ten (10) square feet or that face the street and are within twenty-five (25) feet of the public right of way.
      (2)   Commercial districts and special districts.
         A.   Commercial identification signs;
         B.   Freestanding signs (when permitted);
         C.   Projecting signs;
         D.   Instructional signs that exceed ten (10) square feet or that face the street and are within twenty-five (25) feet of the public right of way;
         E.   Permanent window signs including any elements that are painted on the window.
   (d)   The City shall review and approve all public signs erected in the public right of way by or on behalf of a governmental body.
(Ord. 20-2012. Passed 5-21-12.)
1163.10 MAINTENANCE.
   (a)   The property owner, owner of the sign, tenant, and agent are required to maintain the sign in a condition fit for the intended use and in good repair, and such person or persons have a continuing obligation to comply with all building code requirements.
   (b)   A sign in good repair shall be free of peeling or faded paint, shall not be stained, show uneven soiling or rust streaks; shall not have chipped, cracked, broken, bent letters, panels or framing; shall not otherwise show deterioration; and shall comply with all other applicable maintenance standards of the City.
   (c)   If the sign is deemed by the Zoning Administrator to be not in good repair or in an unsafe condition, such sign shall be considered an unsafe building and structure and all City regulations applicable for the repair or removal of such sign shall apply.
   (d)   Whenever any sign, either conforming to these regulations, or nonconforming, is required to be removed for the purpose of repair, relettering or repainting, the same may be done without a permit, or any payment of fees, provided there is no alteration or enlargement to the structure or the mounting of the sign itself, and the sign is accessory to a legally permitted or nonconforming use.
   (e)   Signs which no longer serve the purpose for which they were intended, which have been abandoned or which are not maintained in accordance with this Chapter and other regulations of the City are hereby declared to be a public nuisance, and shall be removed by the owner within thirty (30) days of the time such sign becomes obsolete, abandoned or not properly maintained or such sign will be removed by the City at the owner's expense.
(Ord. 025-2023. Passed 6-5-23.)
1163.11 ALTERATION AND REMOVAL OF NONCONFORMING SIGNS.
   (a)   Consistent with the purposes of this Zoning Code, every graphic or other sign in violation of any provision of this Chapter shall only be removed, altered or replaced so as to conform with the provisions of this Code. Any sign which was in compliance with these regulations immediately prior to the effective date of this Code, but, on the effective date of this Code or any amendments thereto, is not in compliance with the regulations herein shall be deemed nonconforming.
   (b)   Nonconforming signs shall be removed and any subsequent modification or replacement (excluding routine maintenance pursuant to Section 1163.10) shall conform to all requirements of these regulations:
      (1)   When more than fifty percent (50%) of the value of the sign has been destroyed or been removed;
      (2)   When the use for which the nonconforming sign is accessory, is vacant for ninety (90) consecutive days;
      (3)   (EDITOR’S NOTE: Former subsection (b)(3) was repealed by Ordinance 27-2006, passed 5-15-06.)
   (c)   A nonconforming sign shall not be replaced, altered, modified or reconstructed, other than to comply with these regulations, except when the existing use changes its name as a result of new ownership, or for any other reason and when such replacement sign may be accomplished without any alteration or changes to the structure, framing, erection or location of the sign unless such changes conform to these regulations.
   Any proposed replacement, alteration, modification or reconstruction of a nonconforming sign shall be approved by the Architectural Board of Review.
   (d)   The Planning Commission may permit certain nonconforming signs to continue when, because of unique design features or construction qualities, the Commission determines the sign to be architecturally or historically significant. The Planning Commission shall approve such continuation in accordance with the conditional use procedures set forth in Section 1115.08. The continuation of such sign must also be approved by the Architectural Board of Review.
(Ord. 025-2023. Passed 6-5-23.)