A. Location Requirements.
1. Except as otherwise expressly set forth in Subsections J.5, K and L of this Section, pertaining, respectively, to the installation of bench signs, temporary election/political campaign signs and temporary promotional signs, and except for authorized traffic signals, hazard signs, or similar devices, no privately owned sign or portion of a privately owned sign or any of its supporting structure may be located on or within, extend into, encroach upon, or overhang any public property or right-of-way or be located within the existing or proposed right-of-way of any street or area designated in the Major Street And Highway Plan as a future street.
2. No sign shall be located less than 35 feet from the intersection of the pavement of two streets or from the intersection of street pavement and a railroad track. The point of intersection shall be measured from the edge of the paving of each street or railroad right-of-way and may be further restricted by Subsection A.5 of this Section or elsewhere in this Title.
3. No sign shall be located in such a manner as to obstruct, obscure, or in any manner interfere with any traffic signal light or public warning sign.
4. Signs located in such a manner so as to prevent any motorist, bicyclist, or pedestrian from obtaining a clear view of approaching vehicles for a distance of 500 feet along a public right-of-way are prohibited.
5. Except as otherwise expressly set forth in Subsection L of this Section pertaining to temporary promotional signs, and subject to review and approval by the City Planner, no business or outdoor advertising sign, including wall signs, shall be located within 150 feet of a residential district, if visible from such district. The 150 feet shall be measured in a straight line from the nearest point on a sign structure to the nearest point on the property of the residential district.
6. No business or outdoor advertising sign, including wall signs, using LED or other digital lighted sign shall be located within 500 feet of a residential district. The 500 feet shall be measured in a straight line from the nearest point on a sign structure to the nearest point on the property of the residential district.
7. Except as otherwise expressly set forth in Subsection L of this Section, pertaining to temporary promotional signs, and subject to review and approval by the City Planner, no business or outdoor advertising sign shall be located within 150 feet of a public park. The 150 feet shall be measured in a straight line from the nearest point on a sign structure to the nearest point on the property of the park.
8. All lighted signs shall maintain constant light. No flashing or intermittent type of lighted signs are allowed, provided, however, that electronic and/or LED lighted signs may be permitted by the granting of a Specific Use Permit, subject to the procedural and substantive requirements of this Title for an SUP, as set out in Section 11-9-13, Specific Use Permit. The following considerations shall be used in making a determination regarding the SUP application:
a. Brightness/light intensity, with the following standards to be considered reasonable:
(1) Not exceeding an illumination of 70 foot-candles, measured at a two foot distance.
(2) An illuminative brightness not exceeding 300 candelas per square meter (NITs) at any time between one-half hour after sunset until one-half hour before sunrise or 6,500 NITs between one-half hour before sunrise until one-half hour after sunset.
(3) Notwithstanding the above, such signs should not display an illuminative brightness of such intensity or brilliance that it impairs the vision or endangers the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle.
b. Flashing or intermittent lighting and a combination of colors such as red and blue such as could be confused with emergency vehicles or traffic control signals or cause a traffic safety hazard shall be prohibited.
c. Movement or flashing of light and/or images, or the speed of animation, shall be maintained with the standards of this Chapter.
d. Such signs, that are flashing, intermittent or include the movement or animation of lights and/or images, are required to be equipped with:
(1) A default mechanism that will freeze the sign in one position or static message if a malfunction occurs.
(2) A mechanism able to adjust the display’s illuminative brightness automatically, according to ambient light conditions.
e. Such signs shall not be located within:
(1) 50 feet of the driving surface of a signalized intersection;
(2) 20 feet of the driving surface of a street;
(3) 200 feet of a residential district, other than street, highway or freeway right-of- way; or
(4) 2,400 feet of another outdoor advertising sign facing the same direction.
9. Except as otherwise expressly set forth in Subsection L of this Section, pertaining to temporary promotional signs, and subject to review and approval by the City Planner, any on-site ground sign shall maintain a minimum separation of 50 feet from any other ground sign on the same frontage.
10. Off-premises billboard signs shall not be permitted except along the frontage of U.S. Highway 75, State Highway 117, and State Highway 67.
11. Any off-premises billboard sign shall maintain a minimum separation of 1,200 feet from any other off-premises billboard ground sign.
12. Except as otherwise expressly set forth in Subsection L of this Section, pertaining to temporary promotional signs, and subject to review and approval by the City Planner, any off-site ground sign shall maintain a separation of 500 feet from any on-site ground sign on the same frontage, provided that the on-site ground sign was constructed first. However, if the off-site sign was constructed prior to the request for an on-site sign, the separation between the existing off-site sign and the proposed on-site sign must be a minimum of 50 feet.
B. General Use Conditions.
1. For the purpose of display surface area calculation of a ground mounted sign, where a lot abuts more than one public street, that street frontage which is the largest shall be used.
2. Only one side of a double faced sign shall be included in the computation of display surface area.
3. Roof signs are prohibited in all zoning districts.
4. Balloons or other inflatable devices used for the purpose of advertising or directing attention to any location to which such devices are attached or to which public attention is directed are prohibited in all zoning districts.
5. Vehicles or trailers, whether motorized or not, parked upon public or private property within the City for the obvious purpose of advertising shall be prohibited in all zoning districts; provided that a commercial vehicle may be identified only by business name, type of business, business address, business telephone number and contractor’s state/county/city license number, when required, except for temporary use during a special City event.
6. The following signs shall not be included in the regulated computation of display surface area:
a. Nameplates attached to the face of the wall and not exceeding two square feet in surface area.
b. Temporary real estate and construction signs, subject to temporary limitations defined in Subsection H of this Section.
c. Signs that are not visible from a public street.
d. Signs painted on glass surfaces of windows or doors and pertaining to the business conducted therein when the display surface area of the sign does not cover more than 25 percent of the window or door.
e. Tablets built into the wall of a building or other structure and used for inscriptions or as memorial tablets or for similar purposes.
f. Signs of warning, directive, or instructional nature erected by a public agency, franchised transportation or utility company, or governmental agency.
g. Legal notices and street numbers.
h. Election and political campaign signs governed by Subsection K of this Section.
i. Signs located within buildings, unless the sign is mounted in the window or standing inside the building within one foot of a window, having a display surface area covering no more than 25 percent of the window.
j. Signs not exceeding three square feet of display surface area of a warning, directive or instructional nature, including entrance, exit, and restroom signs.
k. Signs attached as labels of a commodity for sale, rent or lease.
7. Every ground sign must be constructed and braced to withstand a horizontal wind pressure of not less than 20 pounds for every square foot of surface exposed, and shall be supported and anchored in a manner approved by the Building Official. The building code recognized by the City shall be the engineering reference for computing supports and stress numbers of any sign structure.
8. No exterior sign visible to the public in the City shall be vulgar, obscene or otherwise offensive to prevailing community standards.
C. Prohibited Signs.
1. The following signs are expressly prohibited in all zoning districts within the City:
a. Any sign constructed after the effective date hereof without a sign permit approved by the City, except those signs expressly identified as signs authorized without a sign permit.
b. Signs located in such a manner to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic.
c. Signs which simulate or imitate the size, lettering, illumination, or design of any traffic control device in such a manner as to interfere with, mislead, or confuse the public.
d. Signs which blink, flash, or are animated by lighting in such a way as to have the appearance of traffic safety signs and/or lights, or municipal vehicle warnings from a distance.
e. Any sign attached to or placed on a vehicle or trailer parked on public or private property in a position visible to traffic on a public road, waterway, or parking area for a period longer than six days in a 60 day period, except for signs meeting the following conditions:
(1) The primary purpose of such vehicle or trailer is not the display of signs.
(2) The signs are magnetic, decals, or painted upon and are an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
(3) The vehicle is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which signs relate.
f. Revolving signs.
g. Any sign attached to any fence, utility pole, light standard, street sign pole, tree, utility box or any other public facility located within, or outside of, the public right-of- way.
h. Any sign constructed that obstructs any fire escape or required exit, window, or door opening intended as a means of ingress or egress, or any sign located in such a manner as to interfere with any opening required for ventilation, whether on public or private property.
i. Any sign constructed or displayed that is deemed to be hazardous, a danger, a traffic hazard, causes a potential impediment to rescue personnel in the event of an emergency, or which constitutes a public nuisance.
2. No sign shall be erected or constructed in any zoning district within the City that states, “stop”, “go”, “slow”, “danger” or any other similar term in a manner that could reasonably be confused with traffic signs. Furthermore, no sign shall be erected or constructed in any zoning district which would tend to be confused with or obstruct sight of traffic signs or traffic signals by motorists or pedestrians, or which would otherwise constitute a hazard to the safe and efficient operation of vehicles, or would create a condition which might endanger the safety of any person.
3. Except as otherwise expressly set forth in Subsections J.5, K and L of this Section, pertaining, respectively, to the installation of bench signs, temporary election or political campaign signs, temporary promotional signs, and except for authorized traffic signals, hazard signs, or similar devices, no privately owned sign or portion of a privately owned sign or any of its supporting structure may be located on or within, extend into, encroach upon, or overhang any public property or right-of-way or be located within the existing or proposed right-of-way of any street or area or area designated in the Major Street And Highway Plan as a future street.
4. No sign, except as set forth in Subsections J.5, K and L of this Section, shall be painted, pasted, posted, printed or nailed to or on any curb, sidewalk, tree, light standard, utility pole, hydrant or bridge, or in any manner displayed within the public property or public rights-of-way except officially designated street numbers, legal notices, and identification, informational or directional signs erected by a government agency in compliance with such agency’s regulations.
D. Nonconforming Signs. Any sign legally existing at the effective date hereof that does not conform in use, location, height, or size with the regulations of the zoning district in which the sign is located shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status only until such time as the sign is abandoned, removed, relocated or replaced, subject to the following restrictions:
1. The structure of the sign may not be altered in any way except toward compliance with this Chapter. Structural alterations which are necessary for the maintenance, repair or restoration of the nonconforming sign are permissible, provided said alterations do not increase the size, height, or degree of nonconformity, or exceed 50 percent of the replacement value of the sign.
2. The legal nonconforming sign may not be replaced except with a sign conforming to the requirements of this Chapter.
3. The legal nonconforming sign is subject to all requirements of this Section regarding safety, maintenance and repair. If, however, the sign suffers damage or deterioration in excess of 50 percent of its replacement value, it must be brought into compliance with this Chapter or removed within 30 days of notification to the owner by the City.
4. The changing of sign copy, business name, lettering, sign faces, colors, display, graphic matter, and/or the content of any sign copy shall not be deemed an alteration or replacement.
E. Maintenance of Signs. All signs and sign structures shall be properly maintained in good condition and repair. Should any sign become structurally unsafe or a safety hazard, the owner, upon notification by the City, shall be required to return the sign to a safe condition or remove the sign.
F. Removal of Obsolete, Non-maintained or Abandoned Signs. All signs, including those painted on a building, which no longer serve the purpose for which they were intended, are not maintained, have been determined to present a hazard, or have otherwise been abandoned, shall be removed or restored by the business or property owner within 30 days of notification by the City.
G. AG District Requirements.
1. Principal Use Signs. Signs as principal uses are subject to the following conditions:
a. Off-site and outdoor advertising on a lot abutting designated state or federal highways must conform to all applicable state and federal regulations;
b. The maximum display surface area for ground signs and outdoor advertising on a lot abutting U.S. Highway 75, State Highway 117, State Highway 67, or frontage roads thereof, shall be limited to an aggregate of one and one-half (1.5) square feet of display area per each linear foot of street frontage, provided that no single sign shall exceed 300 square feet;
c. The maximum display surface area of ground signs and outdoor advertising on a lot not abutting U.S. Highway 75, State Highway 117, State Highway 67, or a frontage road thereof, shall be limited to one square foot of display area per linear foot of street frontage, provided that no single sign shall exceed 160 square feet; and
d. A ground sign shall not exceed 30 feet in height, measured from the mean curb level of the lot upon which it is erected, unless, in addition to the minimum setback prescribed in Subsection A.2 of this Section, the sign is set back one foot for each one foot of height exceeding 30 feet, provided the sign shall not exceed 50 feet in height regardless of the setback. Further provided, that on a lot abutting U.S. Highway 75, or a frontage road thereof, a sign shall not exceed 50 feet in height regardless of the setback. On a lot abutting State Highway 117 or State Highway 67, or a frontage road thereof, a sign shall not exceed 30 feet in height regardless of the setback.
2. Accessory Use Signs. Signs as accessory uses are subject to the following conditions:
a. One bulletin board sign may be erected on each street frontage of an educational, religious, institutional, or similar use which requires announcements of its activities. The bulletin board shall not exceed 12 square feet in area nor eight feet in height. Illumination, if any, shall be by constant light.
b. One identification sign may be erected on each arterial street frontage of a permitted nonresidential use. The sign shall not exceed 32 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light.
c. One identification sign may be erected on each non-arterial street frontage of a permitted nonresidential use. The sign shall not exceed 16 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light.
d. A real estate sign advertising the sale, rental, or lease of the premises may be erected on each arterial street frontage of the premises. The sign shall not exceed 32 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light.
e. A real estate sign advertising the sale, rental, or lease of the premises may be erected on each non-arterial street frontage of the premises. The sign shall not exceed 16 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light.
f. Signs are permitted on private site light poles with a permit if included as part of an entire site sign package.
g. Signs shall not be allowed on state or federal highway rights-of-way or access roads to such highways.
h. Signs are not allowed on fences, utility poles, trees, rocks, etc.
i. On-site and off-site temporary promotional signs may be permitted in agricultural districts subject to the provisions of Subsection L of this Section, provided that a sign permit is obtained subject to review and zoning approval by the City Planner.
H. Residential District Requirements. Signs are permitted in residential districts as follows:
1. One bulletin board may be erected on each street frontage of an educational, religious, institutional, or similar use which requires announcements of its activities. The bulletin board shall not exceed 12 square feet in area nor eight feet in height, and illumination, if any, shall be by constant light.
2. One identification sign may be erected on each arterial street frontage of a permitted use. The sign shall not exceed 32 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light.
3. One identification sign may be erected on each non-arterial street frontage of a permitted use. The sign shall not exceed 16 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light.
4. During the period of development construction, a temporary sign advertising the construction and sale of improvements on the premises may be erected on each perimeter street frontage of the development. The sign shall not exceed one-half (0.5) square foot per each linear foot of arterial street frontage. Such temporary construction sign shall not exceed 32 square feet in surface area nor eight feet in height. Illumination, if any, shall be by constant light. All such signs must be removed prior to building permits being issued on more than 75 percent of the lots in the subdivision.
5. A temporary real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed eight square feet in surface area nor five feet in height. Illumination, if any, shall be by constant light in an RM or RD district. In an RS or RE district, the sign shall not exceed two square feet in surface area nor more than four feet in height and shall not be illuminated in any manner.
6. Off-site temporary residential subdivision banner signs are permitted, subject to the following requirements:
a. A sign permit and permit fee are required.
b. The sign is allowed at the entrance into a residential subdivision only.
c. The sign must be secured inside of PVC pipe or a metal frame.
d. The sign must be stretched tightly inside the frame.
e. The sign height shall be four feet maximum.
f. The maximum display area shall be 32 square feet.
g. A site plan must be submitted with the sign permit showing the proposed sign location.
h. The time frame is 30 days, and is renewable.
i. Signs are allowed on private property and City rights-of-way.
j. Signs are not allowed on state or federal highway rights-of-way or access roads to such highways.
7. Off-site temporary directional signs, such as real estate “open house” signs, are permitted, subject to a sign permit and payment of a permit fee.
a. Permittee may have a total of five signs per permit at any one time per “open house”, including a combination of entrance signs and directional signs, as defined in this Chapter.
b. All signs under this permit are required to have the name and phone number of the licensed real estate agent or applicant who filed for the sign permit permanently affixed to each sign.
c. Types of signs allowed for “open house” advertising with this permit include:
(1) Entrance Signs: Up to a maximum of five signs, including directional signs, are allowed at the entrance of a subdivision to advertise the “open house” inside that subdivision. The maximum display area per sign is four square feet per side. The hours the signs may be posted are 4:00 P.M. Thursday until 8:00 P.M. the immediately following Sunday.
(2) Directional Signs: Up to a maximum of five signs, including entrance signs, are allowed in the interior of a subdivision to direct the public to an “open house”. The maximum display area per sign is four square feet per side. These signs are allowed to remain for the duration of the listing agreement for the “open house” property. Directional signs may be allowed on private property with the permission of the property owner, but do not abrogate any applicable subdivision covenants, conditions and restrictions or HOA approval. Signs are allowed on City rights-of-way provided that they do not impede or negatively affect the line- of-sight of drivers on public rights-of-way.
d. No paper, cardboard or homemade signs are allowed.
e. Signs are not allowed on state or federal highway rights-of-way or access roads to such highways.
8. Garage sale signs are permitted in all R districts, subject to the following requirements:
a. A garage sale sign permit and permit fee are required.
b. Signs are limited to three and shall be supplied by the City.
c. No paper, cardboard or homemade signs are allowed.
d. Each sign shall contain the address, permit number and dates of sale.
e. The hours the signs may be posted are 4:00 P.M. Thursday until 8:00 P.M. the immediately following Sunday.
f. A map showing the proposed locations of signs must be part of the permit application submitted.
g. There is a limit of four garage sale sign permits allowed per year, per address/owner.
h. Signs are allowed on private property and city rights-of-way.
i. Signs are not allowed on state or federal highway rights-of-way or access roads to such highways.
9. On-site and off-site temporary promotional signs may be permitted in residential districts subject to the provisions of Section L of this Chapter, provided that a sign permit is obtained subject to review and approval by the City Planner.
I. Office District Requirements. Signs are permitted in office districts as follows:
1. In the OL and OM districts, one business sign not exceeding 32 square feet of surface area may be erected on each street frontage of a lot. Ground signs shall not exceed the height of the building in which the principal use is located or 15 feet, whichever is lower. No accessory use sign shall be located within 150 feet of a residential district. Illumination, if any, shall be by constant light.
2. Wall signs shall not exceed an aggregate display surface area of one square foot per linear foot of the building wall to which the sign or signs are affixed. The size of a wall sign located on a multi-tenant building will be determined by the linear feet of street frontage of any individual business.
3. During the period of development construction, a temporary sign advertising the construction of improvements on the premises may be erected on each arterial street frontage of the development. The sign shall not exceed one-half (0.5) square foot per each linear foot of arterial street frontage. Such temporary construction sign shall not exceed 32 square feet of surface area nor more than 15 feet in height. Illumination, if any, shall be by constant light. All such signs must be removed upon completion of construction or revocation of the building permit, except, if the temporary sign is for a subdivision under construction, then the sign must be removed prior to building permits being issued on more than 75 percent of the lots in the subdivision.
4. A temporary real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed 32 square feet in surface area nor more than 15 feet in height. Illumination, if any, shall be by constant light.
5. On-site permanent advertising banners are subject to the following requirements:
a. A sign permit and permit fee are required.
b. The sign must be secured inside of PVC pipe or a metal frame.
c. The sign must be stretched tightly inside the frame.
d. The maximum display area shall be 32 square feet.
e. The sign height shall be four feet maximum.
f. One sign is allowed per lot frontage on a public street.
g. No homemade signs are allowed.
h. Signs are not allowed on City rights-of-way or on state or federal highway rights-of- way or access roads to such highways.
i. A map must be submitted with the sign permit application showing the proposed sign location.
j. These signs may be included in the site signage program and may be changed out with each new advertising item without a new sign permit. If included in the permanent site signage program, the four foot maximum sign height does not apply.
6. On-site and off-site temporary promotional signs may be permitted in office districts subject to the provisions of Subsection L of this Chapter, provided that a sign permit is obtained subject to review and approval by the City Planner.
J. Commercial and Industrial District Requirements. Signs are permitted in commercial and industrial districts as follows:
1. Height Requirements. A ground sign shall not exceed 30 feet in height, measured from the mean curb level of the lot or tract upon which it is erected, unless, in addition to the minimum intersection setback prescribed in Subsection A.2 of this Chapter, the sign is set back one foot for each foot of sign height exceeding 30 feet. If the lot or tract abuts U.S. Highway 75 or a frontage road to that highway, the sign may be 50 feet in height regardless of the setback from the right-of-way. However, no sign shall exceed 50 feet in height regardless of setback.
2. Display Surface Area Requirements.
a. The maximum display surface area of a ground sign on a commercial or industrial lot abutting a state or federal highway, or an access road to such a highway, shall be limited to an aggregate of one and one-half (1.5) square feet of display area per each linear foot of street frontage, provided that no single sign shall exceed 300 square feet of display area.
b. The maximum display surface area of a ground sign in a commercial or industrial district not abutting a state or federal highway, or an access road to such a highway, shall be limited to an aggregate of one square foot of display area per each linear foot of street frontage, provided that no single sign shall exceed 180 square feet.
c. Wall signs shall not exceed an aggregate display surface area of one and one-half (1.5) square feet per linear foot of the building wall to which the sign or signs are affixed. The size of a wall sign located on a multi-tenant building will be determined by the linear feet of street frontage of any individual store or business with a maximum size of 300 square feet.
d. Window signs are limited to an area of 25 percent of a window area or door with a maximum of 25 square feet.
3. On-site and Off-site Temporary Promotional Signs. On-site and off-site temporary promotional signs are permitted in commercial and industrial districts subject to the provisions of Section L of this Section, provided that a sign permit is obtained subject to review and approval by the City Planner.
4. On-site Permanent Advertising Banners.
a. A sign permit and permit free are required.
b. The sign must be secured inside of PVC pipe or a metal frame.
c. The sign must be stretched tightly inside the frame.
d. The maximum display area shall be 32 square feet.
e. The sign height shall be four feet maximum.
f. One sign is allowed per lot frontage on a public street.
g. No homemade signs are allowed.
h. Signs are not allowed on City rights-of-way or on state or federal highway rights-of- way or access roads to such highways.
i. A map, or site plan, must be submitted with the sign permit application showing the proposed sign location.
j. These signs may be included in the site signage program and may be changed out with each new advertising item without a new sign permit. If included in the permanent site signage program, the four foot maximum sign height does not apply.
5. Off-Site Bench Signs.
a. Bench signs are a type of sign which, because of their potential location in a City right-of-way, and the extent to which they could proliferate, if unregulated, shall require the consent of the property owner, the issuance of a Specific Use Permit, and a Specific Use Agreement.
b. Bench signs shall be subject to the terms and conditions of an SUP, which may be granted by the City Council upon receipt of a recommendation by the Planning Commission, subject to all submittal, notification, public hearing and procedural requirements for an SUP. The following information shall be submitted with an SUP application:
(1) Size and dimensions of each proposed bench sign, and a rendering of the same.
(2) Sign display surface area, and the maximum sign copy area proposed.
(3) A site plan, plat or map showing the location of each bench and the street setback in adequate detail to ensure that the benches will not impede or negatively affect the line of sight of drivers on public rights-of-way.
(4) Separation distances from other defined uses and buildings.
(5) Proposed bench maintenance plan.
(6) The maximum number of signs that are proposed.
c. The Commission may recommend, and the Council may attach, terms and conditions to an SUP approval as each body deems to be necessary and appropriate. Such conditions may include minimum liability and insurance requirements. For benches approved to be located in a street right-of-way, the City shall have the right to require that the applicant execute an indemnification and hold harmless agreement.
K. Election/Political Campaign Sign Requirements. Election and political campaign signs may be erected no more than 45 days prior to an election. Such signs shall be removed by seven days following said election. Said signs may be erected on City street rights-of-way or private property. The display surface area of any political campaign sign shall not exceed 16 square feet. Political campaign signs located in a public right-of-way may not exceed six square feet of surface area regardless of zoning district. Only one side of a double-faced sign shall be included in the computation of display area.
L. Temporary Promotional Signs.
1. Temporary promotional signs shall be permitted in any zoning district, only as provided in this Subsection.
2. A site plan must be submitted with the sign permit application showing the proposed number, construction material, surface and structural dimensions, color, type of illumination, if any, and proof of ownership or written permission of the owner of any lot upon which a proposed sign is to be constructed or installed. A map showing the proposed location of each proposed promotional sign, and the orientation of all proposed promotional signs, including the spacing from other structures on the same lot as the proposed promotional sign and on the nearest adjacent lot, must be submitted with the sign permit application.
3. A permit fee shall be required for all promotional sign applications if a sign permitted thereby is to be displayed for up to 30 days. Additional fees shall be collected for all promotional sign applications if a sign permitted thereby is to be displayed for up to 60 days, or for up to 90 days.
4. The sign permit application, including site plan, shall be submitted to the City Planner for review and approval, denial or modification. The City Planner may consult with the applicant and other appropriate city officers as necessary during the review process. The City Planner shall render a decision no later than one week after the application submission. An applicant whose sign permit application is denied has the option of appealing the decision of the City Planner to the Board of Adjustment, as set out in Section 11-9-17, Appeals. Except as otherwise provided by law for appeals to the Tulsa County District Court, the decision of the Board of Adjustment shall be final.
5. The sign display term, measured in number of days of permissible display of any promotional sign, shall be determined by the City Planner as a part of the application review process. Factors to be considered shall include:
a. A reasonable or necessary time period during which the sign may be displayed prior to the event which it advertises.
b. The duration of the event which it advertises.
c. The nature of the event which it advertises, such as, without limitation, whether it is a commercial or charitable event.
d. Maximum number of days after the event by which the permittee shall have all promotional signs removed and properly disposed, but in no case shall this be longer than 72 hours after the last day of the event.
In no case shall any promotional sign permit be valid for more than 90 days, at which time the permittee may apply for a new permit under the same terms and conditions as the original application.
6. Promotional signs are allowed on private property and City rights-of-way, provided that the consent of the private property owner or the City, respectively, is obtained. Proof of ownership or written permission of the owner of any lot upon which a proposed sign is to be constructed or installed must be submitted with the site plan and application.
7. No paper, cardboard or homemade promotional signs, and no snipe signs, are permitted.
8. Promotional signs are not allowed on state or federal highway rights-of-way or access roads to such highways.
9. Neither the maximum height nor the maximum display area of a promotional sign shall exceed the height or display area of any ground sign or outdoor advertising sign permitted in the district where the proposed promotional sign is to be erected and displayed.
10. Any promotional advertising sign attached to fencing surrounding the sporting grounds at any public park may be of no larger dimensions than those of the fence to which it is attached and must be positioned so as to face inwardly toward users of the fenced-in sporting grounds unless otherwise allowed due to the unique nature of a particular event and subject to approval by the City Planner.
11. On-site inflatable devices may be used for the purpose of advertising in any zoning district subject to site plan review and approval. No off-site inflatable devices are permitted and no inflatable device may be installed on the roof of any building.
12. Promotional signs shall not be permitted on the roof of any building.
13. No promotional sign shall contain more than two sides, and only one side shall be included in the computation of display surface area. The two sides shall face in opposite directions. Opposite shall, in addition to its ordinary meaning, include V-shaped signs when the angle of separation of the display surfaces does not exceed 30 degrees (30°).
14. Temporary promotional signs shall be oriented to be visible primarily from the adjacent roadway.
15. No promotional sign shall include:
a. Illuminated digital signage.
b. Flashing, blinking or scrolling signage.
c. Signage that is illuminated from within.
d. Signage that includes illumination from an external source that is either a flashing light of any intensity or a constant spotlight or focused beam of light in excess of 70 foot-candles, measured at a two-foot distance.
e. Illuminated signage where the illumination extends beyond the surface of the sign in such a manner as to shine or reflect upon a street surface, vehicle, residence or business.
16. Promotional signs that include animation, revolving or rotating components, or any other kind of mechanical movement shall be permitted at the sole discretion of the City Planner, subject to the following limitations:
a. No such sign shall be located within 50 feet of the driving surface of a signalized intersection. The 50 feet shall be measured in a straight line from the nearest point on a sign structure to the nearest point of the signalized intersection.
b. No such sign shall be located within 20 feet of the driving surface of a street. The 20 feet shall be measured in a straight line from the nearest point on a sign structure to the nearest point of the street curb or edge of the traveled roadway marked or understood as such.
c. No such sign shall be visible from a residential district except to the extent that it is visible when placed within 50 feet of the business, commodity, service, industry, product, recreational or cultural activity, profession, performance or similar related concept or endeavor for which the sign is installed and displayed.
17. No promotional sign shall be permitted to be located upon or constructed within a required parking space or loading berth, nor to otherwise obstruct vehicular or pedestrian access or circulation, or pose any other hazard to motor vehicle traffic exiting, entering or traveling within the site on which the sign is located.
18. Every promotional sign shall be maintained in good structural condition at all times including, as applicable, painted surfaces, metal parts, and such repairs or alterations as necessary to prevent dilapidation or unsightly damage.
19. All promotional signs that are ground signs shall be securely built, constructed and erected upon foundations, posts, standards, or supports designed adequately to support the sign. In no case shall “A-frame” signs be permitted.
20. Promotional signage of any description serving the purpose of advertising or otherwise directing public attention to any business, commodity, service, industry, product, recreational or cultural activity, profession, performance or similar related concept or endeavor, whether for profit or not for profit, may, at the discretion of the City Planner, be limited to such events as take place within or otherwise benefit the City.
21. Any reference in this Subsection to the City Planner shall include any designee of the City Planner.
M. Penalty. Any signs installed in violation of this Chapter shall be subject to the enforcement and remedies set out in Chapter 11, Enforcement and Remedies, of this Title. (Ord. 746, 11-14-2017)