§ 154.165  GENERAL PROVISIONS.
   (A)   Except as provided for by this section, all signs shall be defined as an accessory use.
   (B)   No signs, other than those of governmental jurisdictions, shall be permitted within public right-of-way or roadway easements.
   (C)   No sign or sign structure, unless otherwise regulated by this section, shall be closer to any right-of-way than five feet, unless a conditional use permit is granted for placement less than this. On corner lots, no sign shall be located between two and one-half feet and eight feet of ground level within the visibility triangle or within 20 feet of a non-single-family residential access drive.
   (D)   No sign shall be placed within any drainage or utility easement.
   (E)   No signs, guys, stays or attachments shall be erected, placed or maintained on fences, or trees, nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof, with the exception of signs necessary for security, or to preserve public safety, as determined by the City Council.
   (F)   No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the City’s Building Official.
   (G)   No sign shall be permitted to obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress of any building or structure.
   (H)   The installation of electrical signs shall be subject to the state’s Electrical Code. Electrical service to the sign shall be underground.
   (I)   Illuminated signs shall be shielded to prevent lights from being directed upward into the sky, onto residential property or at oncoming traffic in such brilliance that it impairs the vision of the driver, nor shall such signs interfere with or obscure an official traffic sign or signal. This includes indoor signs which are visible from public streets and highways. Lighting for all outdoor signs shall be turned off by 10:00 p.m. within residential districts.
   (J)   Landscaping shall be in conformance to general performance standards described in § 154.071 of this chapter.
   (K)   Signs and sign structures shall be properly maintained and kept in a safe condition. Sign or sign structures which are rotted, unsafe, deteriorated or defaced, as determined by the City’s Building Official or Zoning Administrator, shall be removed, repainted, repaired or replaced by the permit holder, owner or agent of the property upon which the sign stands.
   (L)   The owner, lessee or manager of any ground sign and the owner of the land on which the same is located shall keep grass or weeds and other growth cut and debris and rubbish cleaned up and removed from the lot on which a sign is located.
   (M)   Except for farm buildings, at least one sign identifying the correct property number as assigned by the county shall be required on each principal building in all districts. The number shall be at least three inches in height.
   (N)   Existing off-premises signs greater than two square feet erected prior to the effective date of this chapter are an allowed use subject to the following requirements:
      (1)   The sign is defined as a principal use of the property upon which it is located. No approval shall be granted for a another principal use on any portion of a property being platted or otherwise being subdivided when one of the principal uses on any portion of the subject property is a billboard allowed by this section;
      (2)   The area of the sign shall not exceed 300 square feet;
      (3)   The structure shall not exceed 25 feet in height; and
      (4)   Annual permits are required for all off-premises signs. Off-premises signs must be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located. Signs for which permit fees have not been paid shall be classified as abandoned and removed as directed by the Zoning Administrator.
   (O)   Portable signs require an annual permit. The annual permit allows up to six display periods over 12 months. Each display period shall not exceed more than 21 consecutive days. The following standards apply to the display of portable signs:
      (1)   Sign contains no flashing lights;
      (2)   Sign is not located in the right-of-way;
      (3)   Sign area is 32 square feet or less, including any device the sign is attached to;
      (4)   Sign is well maintained;
      (5)   Sign area is within the allowed area for the property. Applicant must complete application demonstrating compliance with area requirements; and
      (6)   Decision on annual permit renewal shall be based on compliance with performance standards.
   (P)   Dynamic display signs are allowed only on freestanding signs for conditionally permitted uses in residential districts and for all uses in other districts. The signs may occupy no more than 35% of the allowed area for freestanding signs. The remainder of the sign must not have the capability to have dynamic displays even if not used. Only one contiguous dynamic display area is allowed on a sign face; all such signs must meet the following performance standards.
      (1)   The size and location of the sign shall be consistent with all other requirements of the sign ordinance.
      (2)   The electronic display background color tones, lettering, logos, pictures, illustrations, symbols and any other electronic graphic or video display shall not blink, flash, rotate, scroll, change in illumination intensity or otherwise change in outward appearance, except when the electronic message or display is changed to another message or display.
      (3)   The electronic display background color tones, lettering, logos, pictures, illustrations, symbols and any other electronic graphic or video display for on-site advertising signs shall not change at intervals less than eight seconds.
      (4)   The electronic display background color tones, lettering, logos, pictures, illustrations, symbols and any other electronic graphic or video display for off-site advertising signs shall not change at intervals less than 20 minutes.
      (5)   The transition of the electronic image or message shall be immediate, no fade in or fade out.
      (6)   All electronic messaging signs must be equipped with a default mechanism that will stop the messaging or freeze the image in one position when a malfunction in electronic programming occurs.
      (7)   Electronic messaging signs must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face at maximum brightness.
      (8)   Electronic messaging signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one-half hour after sunrise.
      (9)   Audio speakers are not allowed with any electronic messaging sign, except as provided in below.
      (10)   Any form of pyrotechnics is prohibited in association with an electronic messaging sign.
      (11)   Permitted electronic messaging signs, not facing public roads or residential properties and used in drive-through restaurants, gasoline stations and similar establishments serving motorists, shall be exempt from divisions (P)(1) through (P)(10) above; provided, the electronic messaging sign area does not exceed eight inches in height or four feet in width or extend more than five feet above the ground. Audio speakers used in connection with signs permitted in this section shall not be audible beyond the property on which the sign is located or 150 feet, whichever is less.
   (Q)   Within commercial and industrial zoning districts, an area not to exceed 16 square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located.
   (R)   Projecting signs may be allowed in commercial districts; provided that:
      (1)   There is a minimum of eight feet of clearance under the base of the sign to the ground below;
      (2)   The sign does not project over any vehicular drive aisle or traveled portion of a public or private street and except in the B-1 Downtown Business district may not project over a public right of way; and
      (3)   The area of the projecting sign is not more than 50% of the maximum allowed sign area for the respective zoning district except for the B-1 Downtown Business district.
   (S)   When a single principal building is devoted to two or more commercial or industrial principal uses, individual tenant signs shall be allowed subject to review and approval of the Zoning Administrator based upon the following requirements.
      (1)   The cumulative area for all individual signs shall not exceed the maximum provisions for the zoning district in § 154.168 of this chapter.
      (2)   Commercial retail, office or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in § 154.168 of this chapter.
      (3)   Individual tenants of a multiple occupancy building shall not display separate wall, canopy or marquee signs unless the tenant’s business has an exclusive exterior entrance and subject to the following requirements.
         (a)   The number of individual wall, canopy or marquee signs shall be limited to one per tenant space; except that, up to two signs may be displayed for the tenant of a corner suite or a suite that extends through the building thus having two exterior walls.
         (b)   Each sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in § 154.168 of this chapter.
         (c)   The sign shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street.
         (d)   A comprehensive sign plan is submitted that includes all of the following information:
            1.   A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs and any other physical features of the area included within the proposed comprehensive sign plan;
            2.   Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy or marquee signs; and
            3.   To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors and means of illumination (if any).
         (e)   No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Zoning Administrator that it is consistent with the approved comprehensive sign plan.
   (T)   Roof signs shall not exceed 35 feet in height as measured from the ground.
(Ord. passed 3-20-2002, § 27, sub. 6)