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Any identification, description, illustration, or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any permanently installed or situated merchandise or any emblem, painting banner, pennant, or placard designed to advertise, identify, or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Not included are decorative devices or emblems as may be displayed on a residential mailbox. For the purposes of this section, this definition shall include those signs painted directly upon a building or other structure. A visual device or structure used for advertising, display, or publicity purposes.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project, or activity conducted or product available on the premises where such sign is displayed.
ANIMATED SIGNS. Any sign which includes action or motion. For purposes of this section, this term does not refer to flashing or changing, all of which are separately defined.
AWNING. A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
BANNER. A sign made of fabric, plastic, paper, or other light pliable material, not enclosed in a rigid frame and characteristically suspended along or across a public street. Banners are temporary in nature and do not include flags.
BUILDING FACE OF WALL. All window and wall areas of a building in one plane or elevation.
CANOPY. Any structure attached to a building at the inner end and supported on the other end, or a free-standing structure, with one or more supports, meant to provide shelter from weather elements, onto which signs may be affixed or incorporated.
CHANGEABLE COPY SIGN (MANUAL). A sign on which copy is changed manually in the field, such as reader boards with changeable letters or changeable pictorial panels.
CHANGING SIGNS (AUTOMATIC). A sign such as an electronically or electrically controlled public service time, temperature, and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
CHURCH BULLETIN BOARD. A sign attached to the exterior of a church or located elsewhere on church premises and used to indicate the services and/or other activities of the church, and including the church name, if desired.
CLEAR VISION TRIANGLE. On a corner lot in any district, development shall conform to the requirements of the sight triangle in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of three feet and ten feet above the grades, 25 feet from the intersection right-of-way of those two streets, within the triangular area formed.
COPY. The wording or graphics on a sign surface.
EASEMENT. An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it.
ERECT. To build, construct, reconstruct, attach, hang, re-hang, alter, place, affix, enlarge, move, or relocate and includes the painting of existing sign structures.
FACADE. The front or main part of a building facing a street.
FACE OF SIGN. The entire area of a sign on which copy could be placed. The area of a sign which is visible from one direction as projected on a place.
FLASHING SIGN. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. Automatic, changing signs such as public service time, temperature, and date signs or electronically controlled message centers are not classed as FLASHING SIGNS.
GASOLINE AND OIL SERVICE STATIONS. Any business which dispenses, or is designed to dispense gasoline and/or oil for use in motor vehicles or boats.
ILLEGAL SIGNS. A sign which contravenes this section, or a nonconforming sign for which a permit is required under a previous ordinance was not obtained.
ILLUMINATED SIGN. A sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by a light source aimed at its surface.
LOGO. A letter, character, or symbol used to represent a person, corporation, or business enterprise.
MARQUEE. Any permanent, roof-life structure attached to and projecting beyond a building or extending along and projecting along the wall of a building, generally designed and constructed to provide protection from the weather.
OFF-PREMISES SIGN. An outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located.
PREMISES. An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
READER BOARD. Any sign that has changeable or removable lettering.
RIGHT-OF-WAY (ROW). Shall be the actual road right-of-way or the proposed right-of-way as indicated on the city comprehensive plan and/or as set forth in the city subdivision ordinance. A right-of-way is:
(a) A right to make a way over a piece of land, usually to and from another piece of land.
(b) A right-of-way is a type of easement granted or reserved over the land for transportation purposes, this can be for a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.
(c) A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way.
ROOF LINE. The highest point of the coping on a flat roof, false mansard, or parapet wall; the deck line of a true mansard roof; the ridge line between the upper and lower slopes of a gambrel roof; or the mean height level between the eaves and ridge for a gable or hip roof.
SEASONAL OR SPECIAL OCCASION TEMPORARY SIGNS. A sign which is not permanent and is limited to a specific activity or in the celebration of holidays or other special events.
SHOPPING CENTER. A building containing four or more shops, stores, and other places of business, and providing off-street parking facilities in common for all of the businesses and their customers.
SHOW WINDOW SIGN. Any temporary sign advertising sales or specials attached to or within three feet of the glass surface of any fixed window (glazing) visible from a public right-of-way.
SIGN AREA. The area of the sign face. The SIGN AREA of a multi-faced signs the sum of the sign areas of each face, including structural trim which can be seen from a single location on an adjacent street. If a sign is attached to a building or suspended in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed upon a building or other structure.
SIGN, ATTACHED. A sign erected or placed upon the wall of any building with the plane of the face parallel to the plane of the wall below the roof line.
SIGN, COMMERCIAL DIRECTORY. A permanent pole sign designating the name of a commercial center and listing the various tenants of the center.
SIGN, CONSTRUCTION. A temporary sign used during construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor, and/or financing institutions of the project.
SIGN, DIRECTIONAL. A sign which indicates a direction for vehicular or pedestrian traffic or other movement.
SIGN, FLUTTERING. A sign which flutters and includes banners, flags, pennants, or other flexible material which moves with the wind or by some artificial means.
SIGN, GROUND. Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the ground, a ground planter box, or other supports.
SIGN, HANGING. Any sign hanging entirely beneath a canopy, portico, or marquee.
SIGN, ILLUMINATED. Any sign which is illuminated by light sources mounted on or in the sign or at some other location.
SIGN, MEMORIAL OR TABLETS. The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication, or other similar information.
SIGN, NONCONFORMING. A sign legally erected under the previously existing ordinances of the city, but which does not conform to the provisions of this section.
SIGN, OCCUPATIONAL AND/OR IDENTIFICATION. An attached wall sign not larger than one square foot in area identifying the name of a person occupying a building.
SIGN PERMIT. A location improvement permit as discussed in the legal provision.
SIGN, POLITICAL. A temporary sign advocating or opposing any political proposition or candidate for public office.
SIGN, POLE. Any detached sign located on the same lot or parcel as the use it advertises which is supported by one or more stationary poles no taller than 30 feet above the mean grade line of the ground at its base provided that this shall not include a permitted ground sign as set forth.
SIGN, PROJECT IDENTIFICATION. A permanent ground sign identifying an apartment complex, condominium project, or mobile home development entry, name and/or street names within the project.
SIGN, PROJECTING. Any sign which projects more than 12 inches beyond the plane of the wall on which the sign is erected or attached.
SIGN, PROPERTY REAL ESTATE. A sign pertaining only to the prospective rental, lease, or sale of the property upon which it is located. Real estate signs shall be excluded from the definition of POLE SIGNS.
SIGN, RESIDENTIAL CONSTRUCTION PROJECT. Any temporary sign that provides direction to any residential development under construction, or promotes the residential development on the project site.
SIGN, STRUCTURE. The sign and all parts associated with its construction.
SIGN, SUBDIVISION IDENTIFICATION. A permanent ground sign identifying a subdivision entry, subdivision name, and/or street names within the subdivision.
SIGN, SUPPORTS. All structures by which a sign is held up, including, for example, poles, braces, guys, and anchors.
SIGN, TEMPORARY. Any sign intended for a limited or intermittent period of display.
SIGN, WINDOW TEMPORARY. A temporary sign affixed to the inside of an exterior window or glass door.
SPECIAL DISPLAYS. Signs not exceeding 12 square feet, used for holidays, public demonstration, or promotion of civil welfare or charitable purposes.
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARD. Any sign intended to attract general public interest concerning a commercial enterprise, product, service, industry, or other activity not conducted, sold, or offered on the premises upon which the sign is erected. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground. Real estate signs and political signs are excluded from this definition.
TEMPORARY SIGN. A sign which is not permanent and is allowed for a specific time period.
TRAFFIC DIRECTIONAL SIGN. Any sign which aids the flow of traffic.
(B) Intent. It is the intent of this section to regulate and control the location, erection, number, and maintenance of signs and matters relating thereto within the city in order to promote public safety, health, and general welfare of the community. These regulations are specifically designed to:
(1) Provide for uniform regulation and orderly development of signs consistent with established policies and ordinances of the city.
(2) Prohibit hazardous and dangerous signs.
(3) Provide a desirable and attractive living environment through harmonious and uniform signage.
(C) Scope. The provisions of this section shall govern the erection, alteration, and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices, with respect to location, size, content, construction, structure, and fire safety.
(1) The provisions of this section shall not apply to:
(a) Flags of any nation, state, county, city, or other governmental unit and any not-for-profit organization.
(b) Temporary decorations or displays celebrating the occasion of traditionally patriotic, religious, or local holidays or events.
(c) The action, construction, and maintenance of official traffic, fire and police signs, signals, and devices and markings of the state, county, or city.
(d) Non-illuminated directional or informational signs of a public nature.
(e) Political signs or signs announcing political candidates or issues, provided that such signs must be removed within six days after the election.
(f) Residential garage, patio, or yard sale signs not to exceed six square feet and located upon the premises where the sale is taking place.
(g) Property real estate signs not exceeding six square feet in area on each street frontage of a lot, which advertise the sale, rental, or lease of the premises upon which said signs are located only. Real estate signs shall not exceed three feet in height, and shall not be illuminated in any way.
(h) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
(i) Professional name plates, or occupational signs, and home occupation signs not exceeding two square foot in area, wall-mounted and unlit, adjacent to the main entrance of the building.
(D) Administration and enforcement. Except where herein otherwise stated, the provisions of this section shall be administered by the Building/Zoning Department, or by its designee. The Department (or its authorized representative) is hereby empowered in performance of Departmental functions to enter upon any land in the city for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon markers, notices, or signs required to effect provisions of this section. The above authorized person shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this section.
(a) The Building Department shall have the power to grant sign permits, and to make inspections of buildings or premises necessary to carry out the Department’s duties in the enforcement of this section.
(b) It shall be improper for the Department to approve plans or issue any permits or certificates for any sign until such plans have been inspected in detail and found to be in conformance with this section, nor shall the Department vary or change any terms of this section.
(c) If the Department shall find that any of the provisions of this section are being violated, the Department shall notify in writing the person responsible for such violations, indicating the nature of the violation. The Department shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal signage; discontinuance of any illegal work being done; or shall take any other action authorized by this section to insure compliance with or to prevent violation of its provisions.
(2) Permit required.
(a) It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, or moving of any sign or sign structure or any portion thereof without first having applied in writing to the Department for a sign permit to do so and a sign permit has been granted therefore. Primary responsibility for securing the necessary permits shall be the property owner's. However, if the property owner should contract part or all of the proposed work, it shall become the responsibility of the person or firm hired to ensure that all required permits and approvals have been secured prior to any work being initiated.
(b) Blank forms shall be provided by the Department for the use of those applying for permits as provided in this section. Any permits issued by the Department shall be on standard forms for such purpose. There shall be a separate permit for each project site, for which sign(s) are to be constructed, altered, or erected.
(c) Any sign permit under which no construction work has been commenced within six months after the date of issuance of said permit or under which proposed construction has not been completed within one year of the time of issuance shall expire by limitation.
(3) Voiding of sign permit. A permit may be revoked by the Department at any time prior to the completion of the sign for which the same was issued, when it shall appear to him or her that there is any departure from the plans, specifications, or conditions, as required under terms of the permit, that the same was procured by false representation, or that any provisions of this section are being violated. Written notice of such revocation shall be served upon the owner, his or her agent, or contractor, or upon any person employed in the building or structure for which such permit was issued, via a stop work order, which shall be posted in a prominent location, and thereafter no such construction shall proceed.
(4) Compliance with sign permits. Sign permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in the approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this section as provided herein.
(5) Violations. If it is found that a sign is in violation of this section, the Department, or its designee, shall give notice to the owner of the sign, or if the owner cannot be located, to the owner or property management agent of the premises on which the sign is located, or, if the sign erection is not complete, to where sign is located or, either personally, by United States mail, or by posting such a notice on the premises, such notice stating:
(a) The violation found;
(b) That the violations must be brought into compliance within the requirements of this and all other city ordinances within ten days from the date of such notice;
(c) The requirements which must be met; and
(d) That any person found to be in violation of any provision of this section shall be subject to the penalties established in this section.
(E) Prohibited signs. The following signs and advertising devices are hereby declaimed to be unlawful:
(1) Any sign erected in a location prohibited by this section.
(2) Any sign erected in a public easement or right-of-way.
(3) Any sign erected so as to prevent free ingress to or egress from any door or window, or any other exit way required by the building or fire codes of the city.
(4) Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk, or other surface located on public property.
(5) Signs, mounted letters, painted letters or other types of signs shall be prohibited from placement on a roof or roof deck.
(6) Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal, or other traffic- control device. Nor may any sign, by reason of its shape, position, or color interfere with or be confused with any authorized traffic signal sign or device. Further, no sign shall be erected in a location where it will obstruct vision of the public right-of-way to a vehicle operator during ingress to, egress from, or while traveling on the public right-of-way.
(7) Any on-premises sign advertising an article or product not manufactured, assembled, processed, repaired, or sold, or a service not rendered upon the premises upon which the sign is located, and not located or constructed such as to quality as a standard outdoor advertising structure or billboard.
(8) Any sign or advertising device such as banners and pennants affixed on poles, wires, ropes, or streamers, wind-operated devices, fluttering signs, pinwheels, streamers, banners, street banners, and A frames or other portable signs of like nature, and other similar contraptions or techniques except as allowed through the provisions of special displays and other temporary signs.
(9) Off-site or off-premises signs except as provided in this section.
(10) Signs that display flashing, intermittent, or animated lighting or illumination, or any illumination which simulates or displays motion, except those permitted electronic message centers.
(11) Signs which contain characters, or cartoons, or contain statements, words, or pictures of any obscene, indecent, prurient, or immoral character.
(12) Public area. No sign shall be permitted which is placed on any post, pole, hydrant, bridge, tree, or other surface located on public property except as otherwise expressly authorized by this section.
(F) Nonconforming signs. Any sign legally existing prior to enactment of this section but which shall violate any provision of this section, may continue to be maintained and used after passage of this section subject to the following provisions:
(1) Enlargement. No nonconforming sign shall be enlarged, expanded, or extended to occupy a greater square footage of height than was occupied on the date of adoption or amendment of this section.
(2) Relocation. No nonconforming sign shall be moved in whole or in part to any other portion of the lot, parcel, or building not so occupied on the
date of adoption of this section, except that any such sign which is hereafter required to be moved by a governmental body for the purpose of construction, relocation, widening, or improvement of a street, highway, or other public purpose, may be relocated once and allowed to be maintained and used as before.
(3) Discontinuance. If the business or service advertised or identified by a nonconforming sign ceases to be conducted for a period exceeding 30 calendar days, the nonconforming sign shall be classified as an abandoned sign and removed.
(4) Destruction. Should any nonconforming sign be destroyed by any means to an extent of up to 50% of its surface area or structure, it shall not be reconstructed, except in conformance with the requirements of this section.
(5) Violations not made valid. Any sign which is prohibited by this section, and was erected in violation of the requirements of the previous sign ordinance shall not be considered to be granted nonconforming status by the passage of this section.
(6) In any instance, in cases of doubt or a specific question raised, whether a nonconforming sign exists, it shall be a question of fact, and shall be determined on appeal to the Board of Zoning Appeals.
(G) Appeals. Any aggrieved person, firm, corporation, or any governmental officer, department, board, or bureau may appeal a decision of the Department before the Board of Zoning Appeals as established and in conformance with the requirements of this section, subject to the further requirements of this section.
(1) Grounds for granting a variance. The Board of Zoning Appeals may grant variances from this section for any permitted form of signage where it is found that because of the limitations on character, size, or dimensions of a sign, or the regulations controlling the erection or installation of a sign, the applicant would be subject to undue hardship. Undue hardship is not considered the loss of possible advantage, economic loss or gain, or mere inconvenience to the applicant.
(2) Appeals from decisions of the Board of Zoning Appeals shall be to the circuit court in conformance with the requirements of this section.
(H) Severability. If any section, subsection, sentence, clause, phrase, or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this section.
(I) General sign requirements.
(1) Structural requirements. All signs shall comply with the pertinent requirements of the city Building Code and the adopted building codes.
(2) Every sign shall be constructed of durable materials, using noncorrosive fastenings; shall be structurally safe; and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.
(3) Safety. Any existing sign which is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition, or which obstructs any fire escape, window, or door, is subject to immediate removal without notice and at the expense of the property and/or sign owner.
(4) Maintenance. Each sign shall be maintained in a safe, presentable, and good condition.
(5) Abandoned signs. Any sign or sign structure which advertises a business no longer conducted or service no longer rendered, or a product no longer sold on the premises or lot shall be classified an abandoned sign and shall be removed by the owner, agent, or person having beneficial use of the premises or lot upon which the sign is located within 30 days following the effective date of vacancy.
(6) Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares.
(7) State right-of-way requirements. All signs erected within the jurisdiction of state right-of-way requirements shall meet both state and city requirements. Signs shall not project over any city or state public right-of-way.
(8) Lot lines. Signs shall not project over lot lines except as provided within this section.
(J) Residential signage. One-, two-, and multi-family residential signs must comply with the general sign provisions of this section. The allowable signage includes all permitted uses in of this section.
(1) Sign types prohibited:
(a) Wall signs, unless approved by the Board of Zoning Appeals for a home occupation and not to exceed 18 inches by 24 inches.
(b) Canopy or awning signs.
(c) Projecting signs.
(d) Window signs.
(e) Marquee signs.
(f) Portable signs.
(g) Banner signs.
(h) Digital or electronic variable message signs.
(2) Allowable signs:
(a) Identification signs. One identification sign may be erected on each perimeter street frontage of a multi-family development, manufactured/mobile home park, single-family subdivision, or permitted nonresidential uses, including special exceptions. The sign shall not be permitted to exceed 32 square feet of display surface area. The sign shall not exceed seven feet in height, and illumination, if any, shall be by a constant light. Additional or multiple signs may be permitted if one or more entrances.
(b) Church, public or semi-public buildings, or public park identification sign. Not more than one sign per street frontage not exceeding 32 square feet in size per face. The sign shall be located not less than five-feet from the front lot line and shall not exceed seven feet in height, and illumination, if any, shall be by constant light.
(c) Construction sign. During the period of construction, a temporary sign advertising the construction or improvements on the premises, may be erected on each perimeter street of frontage of the development. The sign shall not exceed 32 square feet in surface area, nor seven feet in height, and illumination, if any, shall be by constant light.
(d) Directional signs. Two signs per entry/exit not exceeding six square feet in size per face.
(e) Memorial or tablet sign. One sign not exceeding six square feet in size per face unless such signs are installed by the federal, state, county, or city government or agencies thereof.
(f) Property real estate signs. One sign per lot frontage not exceeding six square feet in size per face.
(g) Informational signs not exceeding two square feet in size per side nor a height of four feet from the ground which identify the occupants, occupation, address, and/or information. Examples of permitted informational signs generally include: privacy sign, trespassing sign, seed sign, etc.
(h) In R-1, R-2, R-H, R-S Districts, a sign advertising a home occupation shall not exceed 18-inches by 24-inches and shall not be illuminated and shall be located not less than five feet from the front lot line. There shall be not more than one sign for each dwelling.
(3) Location and height:
(a) No sign placed upon the ground shall be located closer than five feet to the front property line and shall meet the sight triangle requirements of this section.
(b) No sign attached to the wall of a building or other structure shall extend above the roof line of that building or structure.
(c) For residential signs without a specific height standard, the sign(s) shall not exceed seven feet in height from the surrounding grade to the highest point of the sign.
(d) Direction signs. No sign shall exceed three feet above the elevation of the adjacent driveway at the point where it meets the street right-of-way.
(e) Memorial or tablet signs. No sign shall exceed seven feet in height from the surrounding grade to the highest point on the sign.
(f) Property real estate signs. No sign shall exceed three feet in height from the surrounding grade to the highest point on the sign.
(4) Other requirements:
(a) Mobile construction signs. Signs identifying mechanics, painters, architects, engineers, and similar artisans and workmen which are attached to or on trailers on the site of construction shall be permitted provided that upon completion of the project the trailer must be removed within one week. These trailers shall not be located closer than ten feet to the property line if such signs are visible from the street.
(b) Residential construction project signs shall be removed either at such time as the permanent subdivision entrance sign is erected, or when 80% of the lots and/or dwelling units have been sold, whichever circumstance occurs first.
(c) Directional sign. May contain the street address and/or name of the business center or the name of the use of the building, trademark, logo, or similar matter, provided that not more than 50% of the sign area is used for this purpose.
(K) Business and industrial. Commercial signs must comply with the general sign provisions of this section. The allowable signage includes all permitted uses in of this section. Maximum allowable signage shall not exceed three square feet per one lineal foot of frontage of the lot; and for lots fronting on more than one street, only the established front lot lines shall be considered as frontage of the lot.
(1) Allowable signs:
(a) Pole signs. One pole sign per lot not to exceed 300 square feet.
(b) Ground-mounted signs. One ground mounted sign per lot may be substituted for the allowable pole sign. Same surface area requirements as for pole signs.
(c) Attached signs. Attached signs for each side of the building, not to exceed 25% of the total square footage of the building face upon which it is placed. In no instance shall such signage exceed 100 square feet for a single business.
(d) Window/door signs. Shall not cover more than 50% of the total window area or door to which they are applied.
(e) Under canopy sign. One sign not to exceed two square feet in size displaying the name, occupation, address, and/or service located upon the premises and shall maintain a head clearance of eight feet.
(f) Illuminated signs shall shine only upon the sign and upon the property within the premises; no more than 0.2 foot candle of light shall be detectable at the boundary of the abutting property.
(g) Signs within 300 feet of a residential area or mixed use area with residential may be illuminated from 5:00 a.m. until 11:00 p.m., or 1/2-hour past the close of business of the facility being identified or advertised, whichever is later.
(h) Limit of one free-standing sign is permitted for each business parcel. Such ground sign may be illuminated and is not to exceed seven feet in height.
(i) In a unified shopping center, under single ownership or control, one additional sign may be erected; the sign shall not exceed 150 square feet in area. The leading edge of the sign shall not be less than five feet from the front lot line; its bottom edge shall be a minimum of ten feet above the level of the ground; and its overall height shall not exceed 30 feet above the curb level.
(j) Where a shopping center, strip center, or developed parcel has in excess of 200 feet of street frontage, one additional free-standing pole sign may be approved. Where more than one freestanding pole sign is authorized, the distance between each sign shall not be less than 100 feet.
(2) Location and height.
(a) No sign shall be placed in such a position as to endanger pedestrians, bicyclists, or traffic on a street by obscuring the view or by interfering with official street signs or signals by virtue of position or color.
(b) Signs and their supporting structure shall maintain clearance and noninterference with all surface and underground utility and communications lines or equipment. No sign shall be placed on utility easements or drainage easements as defined on recorded plats or site plans.
(c) Pole signs. Such signs shall not exceed 30 feet in height from the surrounding grade to the highest point on the sign. The leading edge of the sign shall not be less than five feet from the front lot line. Its bottom edge shall be at least ten feet above the level of the ground. It shall meet the sight triangle requirements.
(d) Ground-mounted sign shall not exceed seven feet in height from the surrounding grade to the highest point on the sign. The leading edge of the sign shall not be less than five feet from the front lot line and shall be located no closer than ten feet to any side property line. Such signs shall meet the sight triangle requirements.
(e) Attached signs. Shall be face mounted on the building wall, projecting not more than 12 inches from the face of the building. Such signs shall not project above the parapet wall, mansard, or other roof line, shall maintain a clearance of ten feet above the ground or pavement, and shall be recessed where involving a pitched roof location.
(f) Window/door signs. Such signs may be attached to either the interior or exterior of a window or glass door and shall be maintained in good repair.
(g) Under canopy signs. Such signs may be attached to the building or canopy and shall maintain a head clearance of eight feet.
(L) Main street. Due to the unique character within the Main Street project area, namely local businesses located on First Street to Third Street, from Jackson south to Adams, and including businesses that face the intersection of Second, Adams, Winchester, and Mercer Avenue, certain buildings possess zero-lot lines, as such practice was typical of the time of historic construction. In order to accommodate these businesses with their unique challenges, the following regulations apply exclusively within the Main Street area:
(1) Lighted portable message centers are not permitted.
(2) Permanent, non-removable wood frame awnings, canopies, or overhangs are not permitted.
(3) Sidewalk feather signs are prohibited.
(4) Temporary signs must comply with regulations as set forth in division (N).
(5) Canopy or awning signs:
(a) The lowest edge of the canopy or awning shall be at least eight feet above the finished grade.
(b) Awnings may be of a fixed-type (not retractable) provided they do not project more than four feet from the face of the building.
(6) The lowest edge of a projecting sign shall be at least ten feet above the finished grade and project not more than seven feet from the face of the building.
(7) No sign shall extend above the eave line.
(8) Pole sign:
(a) Shall have a minimum height of ten feet from grade level to the bottom of the sign and a maximum height of 25 feet from grade level to the top of the sign.
(b) Pole signs must be placed on private property and may project seven feet into the city's right-of-way but not more than five feet from the curb.
(c) The clear vision area must be maintained within the required three feet to ten feet above finish grade.
(9) Wall signs shall be permitted on each building. Total sign area shall be three square feet for each lineal foot of building frontage; however, in no instance shall such total signage exceed 100 square feet for a single business.
(10) Attached signs. Attached signs for each side of the building, not to exceed 25% of the total square footage of the building face upon which it is placed. In no instance shall such signage exceed 100 square feet for a single business.
(11) Window/door signs. A maximum of 50% of the total window area of any single business may be covered by a sign.
(12) Each freestanding building may have one ground sign or one pole sign (but not both), such sign shall not exceed 100 square feet in area.
(M) Electronic message centers. Electronic message centers shall be allowed with the following restrictions:
(1) No electronic message shall change more rapidly than once every one and one-half seconds.
(2) No message shall require more than ten seconds to display any message in its entirety.
(3) The message shall not display or appear to move toward or away from the viewer, expand or contract, bounce, rotate, spin, twist or otherwise portray movement or animation as it comes onto, is displayed on, or leaves the message center.
(4) The message center shall not appear to flash, undulate, pulse, or portray explosions, fireworks, flashes of light or blinking or chasing lights.
(5) One electronic message center per lot or parcel is allowable.
(6) The maximum height of an electronic message center shall not exceed the height allowable in the district.
(7) Message center signs and digital displays must not exceed a maximum illumination of 460 foot-candles during daylight hours and a maximum illumination of 46 foot-candles for the time period between one-half hour before sunset and one-half hour after sunrise as measured from the sign's face at maximum brightness, measured at grade level within ten feet of the sign face.
(8) Electronic message signs within 300 feet of any residential use must automatically turn off between the hours of 11:00 p.m. and 5:00 a.m. daily.
(N) Special displays and other temporary signs.
(1) A business, commercial, industrial, or multi-family property owner may place no more than one temporary sign with a sign face no larger than four feet tall and three feet wide. Banners and pennants are a permitted use for up to a 14-day time period. However; the Building Department can require removal of such banners and pennants if they are not kept in a safe and orderly fashion.
(2) A property owner may place an additional temporary sign on business, commercial, industrial, and multi-family property during the period of time the property is for sale or lease provided the sign is removed within seven days of sale or lease.
(3) Portable sidewalk/A-frame board signs.
(a) Signage shall be on premises, not less than ten feet from adjoining lots.
(b) One sign shall be permitted per parcel with a maximum of two signs permitted on corner lots.
(c) Signage shall not be illuminated.
(d) Signs shall not be displayed on any premises before 6:00 a.m. and shall be removed each day of business or before 11:00 p.m., whichever is earlier. All portable signs must be taken in during hours of non-operation of the property on which they are placed.
(e) All portable signs must be taken in during inclement weather. Portable signs shall be weighted, temporarily secured, or strategically placed so as to avoid being carried away by high winds.
(f) If a sign is located on a public sidewalk, a minimum of five feet of unobstructed sidewalk clearance must be maintained between the sign and any building or other obstruction, and within 12-feet of the primary public entrance.
(g) Portable signs must comply with all state highway regulations.
(h) No temporary sign shall be placed within the city right-of-way, except as specifically stated.
(4) Banners shall be utilized only as a temporary wall sign for up to a 14-day time period.
(5) Pole banners/feather signs shall be utilized as temporary signage for up to a 14-day period:
(a) Maximum of one per 25 lineal feet of store frontage, maximum of five.
(b) Shall be made of lightweight and durable fabrics with wind slits.
(c) Banners that are frayed, torn, or faded so that they are no longer legible will be deemed unmaintained and will be required to be removed.
(d) Illumination is prohibited.
(e) Shall maintain a minimum of three foot vertical clearance below any luminaries measured from where the ballasts connect.
(f) Must comply with setbacks as required for permanent signage.
(g) Garage sale/yard sale signs. All advertising signs concerning the garage/yard sale shall be restricted to the yard, garage, and household at which the sale is being conducted.
(6) The following temporary signs may be approved by the Building Department for up to a 14-day time period. Such signs may be extended beyond the 14-day time period, but only upon review and approval by the Board of Zoning Appeals as a special exception.
(a) Signs announcing openings.
(b) Seasonal or special occasion signs such as special events and special business hours.
(c) Yard signs advertising work under construction.
(d) Subdivision directional signs not exceeding three square feet in size per face.
(e) All other temporary signs not specifically referenced in this section.
(f) Portable signs, signs not permanently affixed to the ground.
(7) Social or charitable organizations. Signs indicating the names and locations of churches, charitable organizations, and community service organizations are permitted provided that the sign area shall not exceed 16 square feet, and shall be located off the street right-of-way, and shall in no way obstruct the view of pedestrians or vehicular traffic. Such signs shall be permitted as off-premises signs; providing however, such signs have a minimum spacing of 500 feet between any two signs in this category.
(8) Vehicle signs. Signs on vehicles are permitted provided the sign is painted or attached directly to the body of the original motor-powered vehicle and does not project or extend beyond the original manufactured body proper of the motor-driven vehicle. Such vehicles shall be parked a minimum of ten feet from any street right-of-way and shall be located so as to not create an obstruction or hazard to the traveling public. Trucks may be used as signs for special events or sales for a maximum period of 30 days.
(O) Off-premises signs. Off-premises sign is a sign which communicates the availability of goods, services, and ideas not necessarily available on the premises on which the sign is located.
(1) Off-premises signs:
(a) Shall not be attached to the external wall or otherwise affixed to any part of any building.
(b) Shall not extend over any public right-of-way.
(c) Shall not be located on sewer or drainage easements or right-of-way, or water, electric, or petroleum pipelines or easements.
(d) Shall not be located on a bridge.
(2) Off-premises signs shall be permitted in the following zoning districts: C-3, I-1, or I-2; nor be located within 300 feet of a residential district.
(3) The maximum size of an off-premises sign shall be 300 square feet per sign per face, and no more than one face per side.
(4) Permitted heights. The maximum height of an off-premises sign above the road grade from which the sign is to be viewed shall not exceed 30 feet. No off-premises sign shall be less than ten feet from grade level to bottom of sign.
(5) Separation. The distances between lawfully erected off-premises sign structure shall be a linear measure taken along right-of-way lines on the side of the street on which the sign is to be located. Separation of one off-premises to another off-premises sign shall be 1,500 lineal feet; however, this requirement need not be met where a physical obstruction exists which prevents viewing two off-premises signs at the same time.
(6) Setback. The perpendicular distance from the right-of-way line to the leading edge of an off-premises sign structure shall be 25 feet from the front property line or 55 feet from the center of the street, whichever is greater.
(7) Non-conforming use. All permanently attached or affixed off-premises signs legally existing prior to the date of this section, but no longer conforming to the provisions of this section, shall be regarded as legal non-conforming signs and may be continued, subject to being properly repaired and maintained as well as meeting the conditions set forth in this section.
(P) Murals. A non-commercial message, picture, scene, or diagram exhibited on the outside wall of a building or structure through application of paint, canvas, tile, panels or similar materials such that the wall becomes the background surface or platform for the mural. A mural shall be considered a wall sign or commercial message if it contains words, logos, trademarks, or graphic representations of any person, product, or service for the purpose of advertising or identifying a business. Explanatory working relative to the artwork may be incorporated into the mural. Signatures shall be allowed and limited to maximum of two square feet in size. No mural shall be installed, enlarged, changed or converted unless approval has been obtained by the owner or his or her agent. All murals are subject to approval by the Building/Zoning Department and Board of Public Works and Safety. Sign permits are not required.
(1) Design standards.
(a) Should have no adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.
(b) Location, scale, and content of the mural should be in keeping with and enhance the building or structure on which it is located.
(c) Proposed mural by its design, construction, and location will not have a substantial adverse effect on abutting property or the permitted use thereof.
(d) Is not detrimental to the public health, safety or welfare.
(e) Will not have a detrimental effect on the structural integrity of the wall on which is it applied/affixed.
(f) Maintenance schedule is reasonable for the mural and the building on which it is applied/affixed.
(2) Prohibited mural types.
(a) Murals with moving parts, including solar, wind or water driven devices.
(b) Murals affixed, applied, or mounted from above, upon or suspended from any part of the roof or structure.
(c) Murals shall not project from the wall surface other than the minimum necessary protrusion to mount the mural to the wall or structure.
(d) Murals containing any gang affiliation symbols.
(e) Murals containing characters, or cartoons, or containing statements, words, or pictures of any obscene, indecent, prurient, or immoral character.
(Q) Violations. Any person or corporation who shall violate any of the provisions of this section or fail to comply therewith or with any of the requirements thereof, or who shall build, reconstruct or structurally alter any building in violation of any detailed statement or plan submitted and approved thereunder shall, for each and every violation or non-compliance, be fined not less than $10, and not more than $500, and each day that such violation or non-compliance shall be permitted to exist shall constitute a separate offense.
(Prior Code, §150.236) (Ord. 1978-4, passed 3-21-1978; Ord. 2000-4, passed 3-21-2000; Ord. 2006-9, passed 11-8-2006; Ord. 2018-13, passed 6-19-2018) Penalty, see §150.999