§ 151.258 SIGN REGULATIONS, GENERALLY.
   All signs shall be erected, reinstalled, altered, repaired, relocated, permitted and inspected in compliance with this section.
   (A)   Permanent sign; registration of installers. No person, firm or corporation shall engage in the business of installing, altering, repairing or removing any sign within the corporate limits of the city, unless he or she is registered as a contractor with the city.
   (B)   Revocation of registration; sign installers.
      (1)   The City Council, by a majority vote, shall have the power to revoke the registration of any sign installer pursuant to this subchapter, upon recommendation of the Building Official, if such registration was fraudulent, or if the sign installer is shown to be grossly incompetent or has twice, within a 12-month period, been found in violation of any provisions of this subchapter. This penalty shall be cumulative and in addition to any and all penalties prescribed for the violation of the provisions of this section.
      (2)   Before registration can be revoked, notice shall be issued in writing enumerating the charges against him or her, and he or she shall be entitled to a hearing before the City Council, by appealing in writing no later than five business days from the date of receipt of the notice. The registrant shall be given an opportunity to present testimony, oral or written, and shall have the right of cross-examination. All such testimony before the City Council shall be given under oath. The City Council shall have the power to administer oath, issue subpoenas and compel the attendance of witnesses in such cases.
   (C)   Certificate of insurance. Every person applying for registration as a registered sign installer shall present evidence to the Building Official that he or she has an insurance policy providing:
      (1)   Worker’s compensation insurance;
      (2)   Minimum public liability and property damage insurance for the general public in the amounts of: $1,000,000 for each person; $1,000,000 each accident; and $100,000 property damage, executed by an insurance company authorized to do business in the state and acceptable to the city.
      (3)   The city shall be named a certificate holder, on the above liability and property damage insurance.
      (4)   A 30-day written notice shall be given to the Building Official in the event of expiration or of proposed cancellation of the insurance policy.
   (D)   Permit procedures.
      (1)   A sign permit, approved by the Building Official, shall be required before the erection, construction, alteration, placing or locating of all applicable signs and/or sign parts within corporate limits of the city or the extra-territorial jurisdiction conforming to this title. A change of sign copy within an unaltered cabinet or on an unaltered outdoor advertising sign is exempt from requiring a permit.
      (2)   A copy of plans and specifications shall be submitted to the Building Official for each sign regulated by this title. When requested by the Building Official, the applicant shall furnish a certification of the structural integrity of the sign, the reuse of existing elements and its installation by a state- registered professional engineer or architect with specialization in structures.
      (3)   In the event insufficient information is received to issue a permit, the Community Development Department will request the balance of required information. If no response is received within 30 calendar days of the request, said application will become null and void and information will no longer be kept on file. Any fees paid will be forfeited by applicant.
      (4)   If the work authorized by a permit issued under the provisions of the Community Development Department has not been completed within six months after the date of issuance, the permit shall become null and void.
      (5)   Any person or persons aggrieved by the decision of the Building Official to approve or disapprove a sign permit, as provided by this code section, may appeal such decision to the Board of Adjustment.
      (6)   Fees as prescribed in this subchapter are set forth in the city’s Comprehensive Fee Schedule.
         (a)   Where work for which a permit is required for this subchapter, is started prior to obtaining the prescribed permit, the fee specified in the city’s Comprehensive Fee Schedule shall be doubled. The payment of such double fees shall not relieve any person from fully complying with the requirements of this subchapter in the execution of the work or from any other penalties prescribed herein.
         (b)   A separate electrical permit is required for the hook-up of an electric sign. Fees are set forth in the city’s Comprehensive Fee Schedule.
   (E)   Design standards.
      (1)   Signs shall be designed and constructed to comply with the provisions of the city code for use of materials, loads and stresses.
      (2)   Where a permit is required, as provided in the adopted edition of the International Building Code, construction documents shall be required. These documents shall show the location, dimensions, materials, and required details of construction, including loads, stresses and anchors.
      (3)   All signs must maintain the following clearances and projections as well as any clearances and projections outlined in this section.
         (a)   The lowest point of a sign must maintain the following minimum vertical clearances, unless otherwise stated in this section:
            1.   Seven feet, six inches over sidewalks;
            2.   Fifteen feet over parking lots; and
            3.   Eighteen feet overdriveways.
         (b)   The projection regulation below shall stand, unless otherwise stated in this section.
            1.   No sign or sign structure shall project into any street right-of-way.
            2.   No sign or sign structure shall project into any public alley right-of-way.
      (4)   Signs and sign structures shall be designed and constructed to resist wind forces as specified in the city adopted edition of the International Building Code.
      (5)   Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the city adopted edition of the International Building Code.
      (6)   (a)   In outdoor signs, the allowable working stresses shall conform to the requirements in the city adopted edition of the International Building Code. The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate strength of the rope of fasteners.
         (b)   Exception: The working strength of chains, cables, guys or steel rods shall not exceed one-fifth of the ultimate strength of such chains, cables, guys or steel.
      (7)   The footing design and/or loading of signs shall be certified by an architect or engineer registered in the state with specialization in structures.
      (8)    (a)   Every sign and awning erected in the city shall be plainly marked with the name of the person/company erecting such sign or awning, including the permit number under which it was erected. Every electric sign and awning shall have plainly marked thereon the voltage, amperage, rating and the name of the person/company manufacturing such sign or awning.
         (b)   It shall be unlawful for any person to remove from any sign or awning the identification tag.
         (c)   However, whenever a sign or awning company assumes the maintenance of a sign or awning erected by another, he or she shall place his or her identification thereon. The identification tag shall be maintained so it is legible at all times.
   (F)   Construction standards.
      (1)   (a)   A sign shall not be erected in a manner that would confuse or obstruct the view of or interfere with building exit signs, required by the International Building Code, or with official traffic signs, signals or devices.
         (b)   Signs shall not be erected, constructed or maintained so as to obstruct any fire escape or any window, door or other opening used as a means of egress, or so as to prevent free passage from one part of a roof to other part thereof. A sign shall not be attached in any way, shape or manner to a fire escape, nor be placed in such manner as to interfere with any opening required for ventilation.
         (c)   The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this code.
      (2)   (a)   Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the city adopted edition of the International Building Code.
         (b)   Awnings and canopies shall comply with the requirements of the city adopted International Building Code.
      (3)   (a)   Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force 25% greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.
         (b)   Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to safely support the loads applied.
         (c)   No wooden blocks, plugs or anchors used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.
         (d)   No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall, unless such wall is designed in accordance with the requirements of parapet walls, specified for seismic zones as defined in the city adopted edition of the International Building Code.
      (4)   (a)   Display surfaces in all types of signs may be made of metal, glass, approved plastics or wood where permitted elsewhere by this subchapter. Glass thickness and area limitations shall be as set forth in § 151.256.
         (b)   Sections of approved plastics on wall signs shall not exceed 225 square feet in area.
         (c)   Exceptions include:
            1.   Section of approved plastics on signs other than wall signs may be of unlimited area if approved by the Building Official; and
            2.   Section of approved plastics on wall signs shall be separated three feet laterally and six feet vertically by the required exterior wall construction. Sections of approved plastics on signs other than wall signs may be contiguous if approved by the Building Official.
      (5)   Notwithstanding any other provisions of this code, plastics that burn at a rate not faster than two-and-one-half inches per minute when tested in accordance with ASTM D635 shall be approved for use as the display surface material and for the letters, decorations and facings on signs and outdoor display structures. Signs erected within five feet of an exterior wall in which there are openings shall be constructed of noncombustible material.
      (6)   When installed, signs shall maintain clearance from overhead power lines as follows:
         (a)   Less than 750 volts: Seven feet horizontally and vertically; pr
         (b)   Over 750 volts: Ten feet horizontally and vertically. The term OVERHEAD CONDUCTORS as used in this subchapter means any electrical conductor, bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.
      (7)   (a)   A sign shall not be illuminated by means other than electrical and electrical devices and wiring shall be installed in accordance with the requirements of NFPA 70. An open spark or flame shall not be used for display purposes unless specifically approved.
         (b)   Signs that require electrical service shall comply with NFPA 70. Every electric sign installed in the city shall bear the label of an approved testing agency and shall meet the applicable articles of the National Electric Code as adopted by the city.
      (8)   All ground, monument and pole signs must have a footing inspection approved prior to the placement of the footing and foundation materials. The city requires property lines to be clearly marked at the time of footing inspection, by identified corner pins with string line or survey markers. All signs must have a footing inspection approved by the Community Development Department. It shall be the responsibility of the permit holder to call for these required inspections.
 
Any Dimension (inches)
Area (square inches)
Minimum Thickness of Glass (inches)
Type of Glass
Over 144
Over 3,600
1/4
Wired
 
   (G)   Maintenance and alterations.
      (1)   (a)   Sign and sign support structures, together with their braces, guys, supports and anchor, shall be kept in repair and in proper state of preservation. The display surfaces of signs shall be kept neatly painted or posted at all times. Any sign or component thereof which is found to be defective must be repaired or replaced in accordance with the current requirements of this chapter.
         (b)   The changing of moveable parts of an approved sign that is designed for such changes, or repainting of display matter shall not be deemed an alteration.
      (2)   No such sign may be enlarged, modified or altered in any way; however, reasonable repairs may be permitted. Alterations also include the removal and replacement of the sign housing, cabinet, or decorative elements. Any alteration shall require a permit. A change of sign copy within an unaltered cabinet, or on an unaltered outdoor advertising sign is not considered an alteration.
   (H)   Non-conformance. Where a sign exists at the effective date of adoption or amendment of the ordinance codified in this title or at the effective date of this chapter, such sign shall be deemed a lawful non-conforming sign as it remains, subject to the following provisions:
      (1)   No such sign may be enlarged or altered in a way which increases its non-conformity; however, reasonable repairs and alterations may be permitted.
      (2)   Should such a sign be destroyed by any means to an extent of 60% or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
   (I)   Violations and enforcement.
      (1)   If any person erects, alters, relocates or maintains a sign in violation of the provisions of the sign standards, it is declared a public nuisance, and the City Attorney is authorized to bring an action in a court of competent jurisdiction to enjoin such person from continuing the violation.
      (2)   It shall be a civil infraction for any person to violate any of the provisions of the sign standards.
      (3)   If a sign or sign structure is in disrepair to a point of over 50% of the sign’s total replacement value, the City Manager or designee may order the structure removed, at the owner’s expense.
      (4)   The Building Official shall enforce the sign standards in accordance with one or more of the following procedures:
         (a)   1.   For any abandoned, discontinued, prohibited or illegal sign, the Building Official or designee may send notice, via certified mail, to the record owner or occupier of the property to abate the nuisance within a reasonable time;
            2.   The Building Official shall specify in the notice the nature of the complaint and penalties and abatement remedies for the violation. Abatement remedies shall consist of one or both of the following remedies:
               a.   Removal of the sign; or
               b.   Obtaining the required permits and bringing the sign into compliance with the sign standards.
         (b)   The Building Official or designee may immediately remove any dangerous sign or sign that creates an imminent threat to public safety. The Building Official may immediately remove any prohibited sign or illegal sign that is located within the public right-of-way. Illegal signs located within the public right-of-way are hereby determined to create an imminent threat to public safety.
         (c)   The Building Official or designee may issue or cause to be issued a civil citation or civil complaint to any person violating the provisions of the sign standards.
            1.   Signs are prohibited in any public right-of-way or public property, including streets, sidewalks, parks and public facilities unless otherwise stated in this chapter or approved by the city.
            2.   No sign shall interfere with any driveway or access way or any means of ingress or egress to any building.
            3.   Signs shall not be located within the vision clearance triangle as defined: No sign shall be built to a height of more than 30 inches above the established curb grade on the part of the lot within a vision clearance triangle where the street curb or edge of pavement radius is less than or equal to 20 feet. The vision clearance triangle shall be the greater clear zone area of a triangle measured from the property line to a point 13 feet in each direction from the intersection along the property line; or a triangle measured from the extensions of the back of curb to a point 40 feet in each direction from the intersection. Where the street curb or edge of pavement is greater than 20 feet, the vision clearance triangle shall extend 10 feet from the end of the radius point along the curb or pavement edge. No sign shall be placed in such area which will materially obstruct the view of drivers approaching the street intersection at the discretion of the Building Official. See § 151.239 for a depiction of vision clearance measurement.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999