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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)
The building official may, in writing, suspend or revoke a permit issued under the provisions of this title whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this title. (Ord. 52-09, 10-19-2009)
A. All signs for which a permit is required shall be subject to inspection by the building official.
B. Footing inspections shall be required by the building official for all signs having footings.
C. All signs containing electrical wiring shall be subject to the provisions of the electrical code, and the electrical components used shall bear the label of an approved testing agency.
D. The building official may order the removal of any sign that is not maintained in accordance with the provisions of section 16-15-15 of this chapter.
E. All signs may be reinspected at the discretion of the building official. (Ord. 52-09, 10-19-2009)
A. On Premises Signs:
1. Single Face: The area of a single face sign shall be measured by calculating the area of each cabinet, module or panel which makes up the sign face and summing the combined areas to determine the total area. No integral structural element or support, including structural embellishments such as pole covers, framing or architectural design elements, shall be included in the measurement of sign area; provided, that there is no sign copy, symbol or other advertising message upon such structural element or support. Such structural element or embellishment shall not exceed the total square footage allowed for the sign area. Should any sign copy, symbol or other advertising message be located on such structural element or support, the area enclosed by straight lines drawn closest to the copy extremities encompassing the individual letters, words or symbols shall be included in the total sign area calculation. The area of a sign composed only of separate letters, words or symbols, without background, shall be the area enclosed by straight lines drawn closest to the copy extremities encompassing the individual letters, words or symbols.
2. Double Faced: Same as single face except only one face shall be counted for sign area determination.
3. Multiple Faced: Same as single face except that only one face shall be counted for area determination and each face shall be reduced in area by twenty percent (20%), for each face over two (2).
B. Off Premises Signs:
1. Sign Area: The area of off premises signs shall be measured in the same manner as on premises signs, except that for off premises signs having "add ons" to the principal sign panel, the sign area of each "add on" shall be calculated separately and added to the principal sign panel. In no case shall the total sign area of the principal sign panel when added to the sign area of the "add ons" exceed the maximum sign area provided within the district in which it is located.
2. Sign Number: The number of signs shall be the number of permitted signs displayed on a premises.
3. Single Face: Each structure displaying unified informational content shall be counted as one sign.
4. Double Faced: A double faced sign meeting the same requirements of a single face sign and supported on a single structure shall be counted as one sign.
5. Multiple Faced: Multiple faced signs, including V-shaped signs, meeting the same requirements of a single face sign and supported on a single structure shall be counted as one sign.
6. Signs On Multiple Frontage Lots: Zoning lots which have separate frontages on more than one street, including through lots and corner lots, shall not display signs along any one street frontage in excess of the maximum area and maximum number permitted for that street frontage. Each frontage is to be considered separately.
7. Painted Wall Signs: Nonstructural signs painted on buildings shall be regulated in size, location, height and number as wall mounted signs.
8. Figure 15-7, Sign Illustrations: Figure 15-7 provides illustrations of how to calculate sign area and the number of faces for purposes of this chapter. These are illustrations only and do not necessarily represent all possible conditions and/or situations; final determination of calculations lies strictly with the city.
a. Calculating The Number Of Faces:
b. Types Of Signage:
c. Calculating Sign Area:
A | = | Sign face width |
B | = | Sign face height |
C | = | Sign structure height |
A x B | = | Sign area |
d. Alternative Sign Area Calculations:
e. Calculating The Number Of Signs:
f. Building Frontage:
(Ord. 52-09, 10-19-2009)
The following signs shall be expressly prohibited in all zoning districts, any contrary provisions or implications of this title notwithstanding:
A. Any sign prohibited by state or federal regulation.
B. Any sign which infringes upon the area of a visibility triangle as required in section 16-3-5 of this title.
C. Any sign which contains the words "danger" or "stop", or otherwise presents or implies the need or requirement of stopping or caution, which is an imitation of, or is likely to be confused with, any sign customarily displayed by a public authority.
D. Any sign or lighting which casts direct light or glare upon any property in a residential or office residential district.
E. Any portable sign, including any sign displayed on a stored vehicle, except temporary political signs exempted in section 16-15-9 of this chapter.
F. Any sign which obstructs the reasonable visibility of a sign maintained by a public authority, or which otherwise distracts attention from such sign.
G. Any sign attached to public or private utility poles, signs or other appurtenances, including trees, located in the public right of way.
H. Roof signs as defined in section 16-15-5 of this chapter, except that any on premises roof sign of less than one hundred (100) square feet and located in a C-3 district which was constructed prior to March 18, 1985, shall not be prohibited by this section and shall be deemed to be an allowed wall mounted sign, provided that multiple signs are of uniform height not to exceed six feet (6') above eaves and signs that do not conform with this standard will be brought into conformance with a change in use.
I. Any flashing signs as defined in section 16-15-5 of this chapter.
J. Prohibited sign examples; parapet, roof and canopy signs:
(Ord. 52-09, 10-19-2009)
The following types of signs are exempt from the requirements of this chapter:
A. Holiday or special events decorations.
B. Nameplates of two (2) square feet or less, provided that in residential districts or on residential structures only name and address may comprise the nameplate.
C. Political signs no larger than thirty two (32) square feet, provided they are not placed in any public right of way or in a visibility triangle as required in section 16-3-5 of this title.
D. Government signs.
E. Real estate signs on residential property provided they are not over twelve (12) square feet in area and not over six feet (6') in height. Real estate signs advertising commercial, agricultural or industrial property or subdivisions of multiple lots shall not be over thirty two (32) square feet in area and twelve feet (12') in height. Such signs shall not be placed in any public right of way or in a visibility triangle as required in section 16-3-5 of this title.
F. Nonilluminated window signs.
G. Illuminated window signs not exceeding twenty (20) square feet.
H. Commemorative signs.
I. Construction signs not exceeding thirty two (32) square feet.
J. Official flags of nations, states or political subdivisions thereof.
K. Painted ghost wall signs. (Ord. 52-09, 10-19-2009)
Temporary signs, where allowed, shall be erected and maintained in accordance with the following provisions:
A. Permit And Fee Required: No persons shall erect, alter or relocate any temporary sign except for real estate and political signs without first making application, submitting the required permit fee, and obtaining a temporary sign permit from the building official.
B. Limit On Number Of Permits: No more than four (4) temporary sign permits shall be issued for the same zoning lot in one calendar year.
C. Materials And Methods: The building official shall impose as a condition of a temporary sign permit, such requirements as to material and manner of construction as are necessary to assure the safety and convenience of the public.
D. Sign Types: Temporary signs shall be nonprojecting building signs or freestanding signs. Pennants, banners and inflatable signs are permitted temporary signs.
E. Number, Area, Height And Location: The maximum sign area of nonprojecting building signs or freestanding signs or other temporary signs shall be thirty two (32) square feet in all zoning districts. Signs shall not be greater than five feet (5') in height. Such signs shall not be placed in any public right of way or in a visibility triangle as required in section 16-3-5 of this title. No temporary business sign shall be placed within fifty feet (50') of another temporary sign.
F. Quasi-Public Signs: Quasi-public signs, giving notice of special events and activities sponsored by civic, patriotic, religious or charitable organizations for noncommercial purposes, subject to the following:
1. Location: Quasi-public signs may be located on or off the premises where the event is taking place provided permission is given by the owner of the property. Such signs shall not project beyond any lot line.
2. Timing: Quasi-public signs shall not be erected or maintained more than thirty (30) days prior to the date on which the event advertised is to occur and shall be removed immediately after the termination of the event.
G. Temporary Business Signs: Temporary business signs, calling attention to a special, unique or limited activity, service or product or sale of limited duration, as follows:
1. Location: Temporary business signs shall be located only on the lot upon which the special activity is to occur. Such signs shall not project over any lot line.
2. Timing: Temporary business signs shall be erected and maintained for a period not to exceed thirty (30) days, at the expiration of which the permit holder shall immediately remove such temporary sign. (Ord. 52-09, 10-19-2009)
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