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Prior to the issuance or renewal of a sign license, the applicant shall furnish to the building official such comprehensive public liability and property damage insurance, written by an insurer licensed to do business in the state, as required by the city. (Ord. 52-09, 10-19-2009)
The following definitions are applicable to this chapter:
ABANDONED SIGN: A sign which no longer identifies or advertises a business, lessor, service, owner, product, or activity at that premises or a sign for which no legal owner can be found.
AERIAL SIGN: A balloon or other inflatable device which sits on a surface or is tethered to the ground or to a building or vehicle or other structure that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered, regardless of whether it does or does not contain text or advertising copy.
AUDIBLE SIGN: A sign that conveys either a written message supported by an audible noise including music, spoken message, and/or sounds to attract attention to the sign. Audible signs also include signs conveying only the audible noise including music, spoken message, and/or sounds to attract attention.
BACKLIT SIGN: A sign whose light source is located behind fully opaque letters and/or graphics.
BANNER SIGN: A sign of fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or official flag of any institution or business shall not be considered banners. Banner signs may not contain a commercial message.
BENCH SIGN: A sign located on the seat or back of a bench or seat placed on or adjacent to a public right of way.
BILLBOARD SIGN: See definition of Off Premises Sign.
BUILDING COMPLEX: Two (2) or more buildings on the same lot or premises sharing one or more common access points and parking facilities.
BUILDING MARKER SIGN: A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or displayed on a stone or metal plaque attached to the building.
BUILDING SIGN: A sign supported by, painted on or otherwise attached to any building or structure.
CANOPY/AWNING SIGN: An enclosed, illuminated (backlit awning) or nonilluminated structure that is attached to the wall of a building with the sign area integrated into its surface. For purposes of this title, this is considered a wall mounted sign.
CENTER IDENTIFICATION SIGN: A sign indicating direction to a multi-tenant commercial building, building complex, shopping center or similar center which may include multiple uses and/or structures within the development. Center identification signs shall include the name of said development and may include the names of tenants within the development.
CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without otherwise altering the face of the sign.
COMBINATION SIGN: A sign incorporating any combination of the features of freestanding, projecting, roof, and wall signs.
COMMEMORATIVE SIGN: A permanent sign or architectural feature indicating the name of the structure, its address, date of construction, or other information of commemorative or historical significance.
CONSTRUCTION SIGN: A temporary sign identifying an architect, contractor, subcontractor, material supplier, financier, realtor, or others participating in the construction or development of the property on which the sign is located.
DIRECT LIGHTING: Illumination by means of an external source.
DIRECTIONAL/INFORMATIONAL SIGN: An on premises sign identifying a premises, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises.
DIRECTORY SIGN: An on premises sign identifying an activity, operational feature, or business name upon such premises. The building names, offices, or activities shall be displayed in the same size letters, colors and general design.
DISCONTINUED SIGN: See definition of Abandoned Sign.
DOUBLE FACED SIGN: A sign constructed to display its message on the outer surfaces of two (2) identical and opposite planes not exceeding forty five degrees (45°).
ELECTRONIC MESSAGE SIGN: A sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.
EXTERNALLY ILLUMINATED SIGN: A sign whose illumination is derived from an external source.
FACADE: The entire building front, including the parapet.
FENCE SIGN: A freestanding sign attached to or painted on a fence.
FLASHING SIGN: A sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on or off. A flashing sign does not include electronic message center signs.
FREESTANDING CANOPY SIGN: A sign affixed to, or part of, a canopy face advertising the business.
FREESTANDING SIGN: A sign supported by uprights or a brace placed in the ground and is not supported by any building.
GAS STATION PRICE SIGN: A changeable copy or electronic sign advertising gasoline prices.
GOVERNMENT SIGN: A temporary or permanent sign erected and/or maintained by the federal, state, county, city governments, or in conjunction with the city, for identification, traffic control or direction, or for designation of or direction to any school, hospital, historic site, or public service, property, or facility.
GROUND MONUMENT SIGN: A structure built on grade that is wider than it is high, is solid, and has continuous contact with the ground.
HAZARDOUS SIGN: A sign that by reason of design, inadequate maintenance, dilapidation, obsolescence or placement creates a hazard to the public health, safety and welfare.
HISTORIC DISTRICT: An area designated as a "historic district" by ordinance and which contains within definable geographic boundaries, properties, or buildings, that may or may not be landmarks but which contribute to the overall historic character of the designated area.
HOLIDAY DECORATION SIGN: A temporary sign, in the nature of decorations, customary and commonly associated with federal, state, local, or religious holidays and containing no commercial message.
ILLEGAL SIGN: Any of the following:
A. A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use.
B. A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises.
C. A sign that was legally installed but altered in a manner that made it illegal.
D. A sign that is a danger to the public or is unsafe.
ILLUMINATED SIGN: A sign illuminated in any manner by a light source.
INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking","entrance","loading only", "telephone", and other similar directives.
INFLATABLE SIGN: A sign designed or constructed to be filled with air or gas that displays either the business name or an identifiable corporate character or logo.
INTERNAL SIGN: A sign that is not visible from outside the property, and located so as not to be visible from any public right of way or from any adjacent property, including any signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar structures of a recreational nature. Included in such definition is a sign inside a building, window or door and any sign not attached to a window or door that is not legible from a distance of more than five feet (5') beyond the lot line of the property.
INTERNALLY ILLUMINATED SIGN: A sign whose light source is in the interior of the sign so that light passes through the face of the sign.
KIOSK SIGN: A freestanding bulletin board or a sign that is meant to provide direction to the public.
MAINTENANCE: The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the copy, design, or structure of the sign.
MARQUEE SIGN: A sign located on any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building.
MENU BOARD SIGN: A permanently mounted sign displaying the bill of fare for a restaurant.
MESSAGE CENTER SIGN: See definition of Electronic Message Sign.
MOBILE SIGN: A sign mounted on a motor vehicle, trailer or other framework, not permanently attached to a pole, building or other structure.
MOVING SIGN: A sign which in part or in total rotates, revolves, or otherwise is in motion.
NAMEPLATE SIGN: An on premises identification sign, giving only the name, address, and/or occupation of an occupant or group of occupants.
NEON SIGN: A sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.
NONCONFORMING SIGN: A sign that does not conform to the requirements of this title.
OBSOLETE SIGN: See definition of Abandoned Sign.
OFF PREMISES SIGN: A sign structure advertising an establishment, merchandise, service, or entertainment which is not sold, produced, manufactured, or furnished at the property on which said sign is located.
ON PREMISES SIGN: A commercial sign which pertains to the use of the premises on which it is located.
PAINTED GHOST WALL SIGN: Historic sign copy applied to a building wall with paint or similar substances on the face of a wall, and which has no sign structure, and advertises products from the past.
PAINTED WALL SIGN: A sign applied to a building wall with paint or similar substances on the face of a wall and which has no sign structure. A "painted wall sign" is considered to be a wall mounted sign for calculation purposes.
PENNANT SIGN: A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string and designed to move in the wind.
PERMANENT SIGN: A sign attached to a building, structure, or the ground in some manner that requires a permit and that is made of materials intended for long term use.
POLE SIGN: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face(s) is above grade.
POLITICAL SIGN: A sign identifying and urging support for a particular election issue, political party, or candidate for public office or expressing the personal noncommercial views of the property owner or tenant.
PORTABLE SIGN: A sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure. Examples are: sandwich board signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day to day operations (deliveries and transportation of personnel) of the business.
PROJECTING SIGN: A sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign and is not parallel to the structure to which it is attached.
PUBLIC/TRAFFIC INFORMATION SIGN: A sign, erected and maintained by a public agency that provides the public with information. Includes, but not limited to, speed limit signs, stop signs, city limit signs, welcome signs, street name signs, vehicle identification signs, pedestrian wayfinding signs, and destination and directional signs.
REAL ESTATE SIGN: A temporary sign that identifies property or properties that are for rent, sale or lease.
ROOF SIGN: A sign erected upon or above a roof or parapet wall of the building, which is wholly or partially supported by such building or is made to be an integral part of the roof structure.
ROOFLINE: The top edge of the roof or building parapet, whichever is higher.
SANDWICH BOARD SIGN: An advertising or business ground sign constructed in such a manner as to form an "A" or a tentlike shape, hinged or not hinged at the top; each angular face held by a supporting member.
SIGN: A device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, point of view, opinion, product, goods, services, activities or uses.
SIGN AREA: The entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure.
SIGN CABINET: A module, background, or an enclosure containing channels or other means of fastening and displaying a sign panel, but excluding sign supports, architectural framing, or other decorative features which contain no written message.
SIGN COPY: A combination of letters or numbers which is intended to inform, direct or otherwise transmit information.
SIGN COPY AREA: The area of the sign occupied by sign copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers.
SIGN FACE: The area or display surface used for the sign copy.
SIGN HEIGHT: The vertical distance measured from the highest point of the sign, excluding embellishments of not more than five feet (5') in height above the sign, to the average ground grade beneath the sign.
SIGN PANEL: A sign surface containing a message that is separate and removable from a sign cabinet. A panel that contains a message and is attachable to a surface or sign structure without the use of a sign cabinet is not a sign panel.
SIGN SETBACK: The horizontal distance from the property line to the nearest projection of the existing or proposed sign.
SIGN STRUCTURE: The base, supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single faced, double faced, V-type or otherwise.
SIGNAGE PLAN: A scaled or dimensioned graphic representation showing a comprehensive detailed presentation of all signage proposed for a particular lot.
SPECIAL EVENT SIGN: A sign that is temporary in nature, not permanently attached to the ground or building surface, and used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going out of business sales, fire sales, and promotions.
SUBDIVISION IDENTIFICATION SIGN: A ground monument style sign or wall sign identifying a recognized subdivision, condominium complex, or residential development.
TEMPORARY SIGN: A sign constructed of cloth, fabric, or other material with or without a structural frame intended for a limited period of display, including displays for holidays or public demonstrations.
UNDER CANOPY SIGN: A sign attached beneath a canopy, ceiling, roof, or marquee.
V-TYPE SIGN: A sign with two (2) separate faces at one location that are at an angle of forty five degrees (45°) or less to each other.
VIDEO SIGN: Any sign that conveys either a commercial or noncommercial message, including a business or organization name, through means of a television or other video screen.
WALL SIGN: A sign attached parallel to, but within eighteen inches (18") of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WARNING SIGN: A sign located on a property posting such property for warning or prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity.
WINDOW SIGN: A sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
(Ord. 52-09, 10-19-2009)
A sign shall not hereafter be erected, reerected, constructed, altered or maintained, except as provided by this title and after a permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. (Ord. 52-09, 10-19-2009)
A. Application Form: Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector.
B. Submission: Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.
C. Exception: The building official may waive the submission of plans, calculations, construction inspection requirements, etc., if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title.
D. Information On Plans And Specifications: Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this title and all relevant laws, ordinances, rules and regulations. (Ord. 52-09, 10-19-2009)
A. The building official shall within twenty (20) days of the filing of a completed application for a sign permit either issue a permit to the applicant or issue a written notice of intent to deny a permit to the applicant. The building official shall issue a sign permit immediately unless:
1. An applicant has failed to provide information required by this chapter for issuance of a permit or has falsely answered a question or request for information on the application form.
2. The permit application fee required by this chapter has not been paid.
3. The completed application demonstrates that the sign applied for is not in compliance with requirements of this chapter or is not in compliance with another part of this code.
B. If the building official determines that the permit will not be issued, the building official shall immediately send a notice, which shall include the specific grounds under this chapter for such action, to the applicant by personal delivery or certified mail. The notice shall be directed to the address set out in the application. The applicant shall have ten (10) days after the delivery of the written notice to submit, at the office of the building official, a written request for a hearing. If the applicant does not request a hearing within said ten (10) days, the building official's written notice shall become a final denial.
C. If the applicant does make a written request for a hearing within said ten (10) days, then the building official shall, within ten (10) days after the submission of the request, designate a neutral hearing officer and send a notice to the applicant indicating the name of the hearing officer, the date, time, and place of the hearing. The hearing shall be conducted not less than ten (10) days nor more than twenty (20) days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.
D. At the hearing, the applicant shall have the opportunity to present all of applicant's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross examine any of the city's witnesses. The building official may also be represented by counsel, and shall bear the burden of proving the grounds for denying the permit. The hearing shall take no longer than two (2) days, unless extended at the request of the applicant to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the applicant within five (5) days after the hearing.
E. If the decision is to deny the permit, the decision shall advise the applicant of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer's decision finds that no grounds exist for denial of the permit, the hearing officer shall, contemporaneously with the issuance of the decision, order the city to immediately issue the permit to the applicant. (Ord. 52-09, 10-19-2009)
A. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this chapter or of any other ordinances of the city shall not be valid.
B. The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data. (Ord. 52-09, 10-19-2009)
A. Every permit issued by the building official under the provisions of this title shall expire by limitation and become null and void if the structure or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the structure or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.
B. Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (Ord. 52-09, 10-19-2009)
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