(a) Purpose: The purpose of this sign section is to:
(1) Protect any person's Constitutional right to freedom of speech;
(2) Protect the public health, safety, convenience, comfort, and general welfare.
(b) Objective: This section regulates the time, place and manner in which signs are displayed to achieve the following:
(1) Permit noncommercial signs on any private property within the City, subject to the provisions of this Article;
(2) Permit signs without unconstitutionally regulating the information displayed by each sign;
(3) Permit signs that do not constitute a hazard to the public safety;
(4) Permit commercial signs appropriate to the land use and/or zoning classification of each property within the City.
(5) Create a more aesthetically-pleasing City;
(6) Eliminate visual clutter within the City.
(c) Exempt Signs. The following signs shall be exempt on the basis that they implement a compelling government interest in protecting the health and safety of persons and property in the City, and shall not require permits.
(1) Temporary or permanent signs, including banners, erected and maintained by the City, Council, State or Federal Government for traffic direction, or for direction to or identification of an historic site or structure, government facility, or event as declared by the Mayor.
(2) Directional ground signs not to exceed two signs per driveway indicating entrance and exit locations with size not to exceed three (3) square feet per sign face and four (4) feet in height.
(3) Flags, emblems and insignias of national, state or local political subdivisions.
(4) Name and/or address descriptions mounted to the front wall of a building, lamp post, or similar post in the front yard not to exceed two (2) square feet in area.
(5) Any window sign located inside or behind a window shall not be subject to the provisions of this section, except to comply with the Prohibited Signs subsection, provided that the window sign is located in a building where a commercial or industrial use is permitted as a principal use and provided that it is not more than 50% of any window area.
(6) Flags which are considered to be home flags that are placed to show spirit, pride or some type of season or activity
(d) Prohibited Permanent and Temporary Signs. All signs not expressly permitted under this section or exempt from these regulations under the previous subsection are prohibited in the City; such signs include but are not limited to:
(1) Abandoned signs;
(2) Beacons and searchlights, except for emergency health or safety purposes;
(3) Billboards and other off-premise signs, except as may be permitted by subsection (e)(10) hereof;
(4) Blinking, flashing or intermittent lighting signs, including message center signs;
(5) Moving, animated or rotating signs;
(6) Pennants, streamers and similar devices;
(7) All helium, gas and air balloons located on or anchored to structures, vehicles, the ground or anything connected to the ground;
(8) Roof signs which extend above the roof line;
(9) Signs attached to any tree, utility pole or fence and signs painted directly on buildings, rocks, trees and other natural features, provided that a business, upon application for and granting of a permit in accordance with subsection (e)(1) hereof, may utilize a portion of any fencing for advertising, provided that the intersection sight triangle is observed and maintained and that the square footage for the sign on the fence is included within the overall footage per lot requirement prescribed herein;
(10) Signs attached to the face of accessory building, except those attached to automatic teller machines or similar structures;
(11) Any sign which constitutes a traffic hazard or a detriment to public safety or may be confused with a traffic control signal or device or the light of an emergency or road equipment vehicle;
(12) Signs which make use of words, symbols, phrases or characters in such a manner as to interfere with, mislead, or confuse traffic;
(13) Signs or parts thereof which are erected within or above a public right- of-way, except as may be permitted on a temporary basis by the Mayor;
(14) Spinning devices or strings of spinning devices;
(15) Electronic copy signs;
(16) Window signs, including approved temporary signs in any district which cover more than 50% of the total window area.
(e) General Provisions. A sign shall be designed, erected, altered, reconstructed, moved and maintained in accordance with the provisions of the section unless specifically modified by another section of the Ordinance.
(1) Permits required. A sign permit shall be required for the construction, erection, relocation or alteration of any sign, unless as specifically exempted by this Ordinance. A sign shall comply with all City Zoning, Building, Electrical and Fire Codes.
A. There shall be charged a one-time fee of twenty-five dollars ($25.00) per zoned lot, to be submitted with the application for a permanent sign permit and inspection.
B. There shall be no fee charged for the application for a temporary sign permit on private property; and
C. There will no fee charged for a temporary sign permit on public property.
(3) Maintenance of signs. Every sign, whether requiring a permit or not, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts and painting and cleaning of said sign.
(4) Removal of dangerous or defective signs. The Mayor or an appointed designee may immediately remove or cause to be removed any sign considered to be a danger or defective or which in the opinion of the Mayor may be dangerous to persons or property.
(5) Removal of unlawful signs in the public right-of-way. The Mayor may remove, or cause to be removed any unlawful sign in the public right-of-way.
(6) Sign location with respect to frontage. Sign area permitted by virtue of a premises having lot frontage or building frontage shall be located only along that frontage which generates the permitted sign area.
(7) Commercial messages. All commercial information conveyed by any sign permitted under this Ordinance must pertain to the premises on which the sign is located, except as specifically approved under Signs Allowed in the HR-1 District.
(8) Sign spacing requirements. No ground, pole, or freestanding sign shall be located within fifty (50) feet of another ground, pole or freestanding sign.
(9) Duration of temporary signs. Temporary signs as permitted by this Ordinance may be erected for a period not to exceed thirty (30) days, except as otherwise dictated in this section. Extensions to the 30-day limitation may be permitted by the Mayor upon application and demonstration of reasonable justification by the agent or owner of the temporary sign.
(10) Exception to off-premises sign prohibition. Upon application and approval by the Board of Zoning Appeals, an off- premises sign(s) may be permitted for a specified period of limited duration and subject to renewal or removal at the discretion of the Board of Zoning Appeals.
(f) Permitted Sign Standards. In addition to any other requirement that may be contained within this section, the following standards and requirements shall apply to all allowed signs;
(1) Ground signs shall not be allowed on any lot with less than fifty (50) foot frontage on a public right-of-way.
(2) Projecting signs shall be mounted or installed a minimum of nine (9) feet in height above the ground and shall not exceed fifteen (15) feet in height above the ground.
(3) A wall sign shall not extend more than twelve (12) inches from the wall on the building on which it is mounted, shall not extend above the top of the wall to which it is attached, shall not extend beyond the limits of any wall to which it is attached and shall have hidden structural supports.
(4) Awning signs may be used in lieu of, but not in addition to wall signs for an individual establishment. If illuminated, such awning sign shall have lighting concealed from view.
(g) Landscaping Requirements. A permanent ground sign shall require a single continuous landscape area to be maintained beneath the sign in accordance with the following standards.
(1) The minimum landscaped area shall be equal to the area of the sign face.
(2) The landscaped area shall include all points where sign structural supports are attached to the ground.
(3) Where the required landscaping area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb to prevent the encroachment of vehicles shall be required.
(4) The landscape area shall contain living plantings aesthetically located and maintained.
(h) Temporary Signs. Temporary sign (s) allowed by this Ordinance are listed below. Up to two (2) temporary signs shall be permitted per lot frontage subject to the following requirements:
(1) Contains information which pertains only to the "for sale", "for rent", or "for lease" status of the premises on which the sign is located, and conforms to size and height requirements to the zoning district in which it is located. No permit shall be required for these signs.
(2) Pertains to the future use status of property under construction and which conforms to height and size requirements for the zoning district in which it is located. Temporary signs of this type shall not be displayed for a duration longer the six (6) months.
(3) Political advocacy or local activity advertising of a temporary nature (e.g., yard sales, reunions) that complies with posting time limits and must be promptly removed. No permit shall be required for these signs.
(4) Portable signs are permitted to announce special events and shall be considered temporary signs, require a permit, and must comply with subsection (e)(10) hereof. Portable signs must be located on the premises of the sponsoring organization.
(i) Signs allowed in the R-1 and R-2 Districts.
(1) A sign permit for any permanent sign in this Section shall not be required, except as required in subsection (i)(6) hereof.
(2) No sign may be illuminated.
(3) Projecting signs shall be prohibited, except as allowed in subsection (c)(4) hereof.
(4) Ground signs shall be allowed only as follows:
A. Only temporary ground signs are allowed. Permanent ground signs shall be prohibited, except as allowed in subsection (c)(4) hereof.
B. A temporary ground sign advertising a garage sale to be held on the premises shall be displayed for a period of time not to exceed three (3) days maximum.
C. The sign face shall not exceed six (6) square feet in area and the sign area shall not exceed twelve (12) square feet.
D. The sign height shall not exceed four (4) feet.
(5) One wall sign may be allowed on each dwelling unit and each sign shall not exceed two (2) square feet in area.
(6) Permanent subdivision sign(s) may be erected subject to the following requirements:
A. One (1) ground sign may be erected at each major entrance to a subdivision.
B. The sign face shall not exceed sixteen (16) square feet in sign area and six (6) feet in height.
C. Each sign base shall be landscaped in an amount equal to the total sign area.
D. Each sign may be illuminated, provided that the illumination does not shine directly onto any adjoining residential zoned property.
E. A permit shall be required for each approved sign allowed under this subsection.
(j) Signs Allowed in the HR-1 District.
(1) Except as allowed in subsection (c) heeof, a sign permit for any permanent sign in the Section shall be required.
(2) Signs may be externally illuminated with a white light. No temporary sign may be illuminated.
(3) Projecting signs shall be prohibited, except as allowed in subsection (c)(4) hereof.
(4) Ground signs shall be allowed only as follows:
A. The sign face shall not exceed six (6) square feet in area and the sign area shall not exceed twelve (12) square feet.
B. The sign height shall not exceed four (4) feet.
C. A temporary ground sign advertising a garage sale to be held on the premises shall be displayed for a period of time not to exceed three (3) days maximum.
(5) One wall sign may be allowed on each dwelling unit and each sign shall not exceed two (2) square feet in area.
(k) Signs Allowed in the C-1, C-2, or C-3 Districts.
(1) Ground signs shall be allowed as follows:
A. Only one (1) sign shall be permitted on each premise. However, the two sign faces of a ground sign may be split into two signs and situated at the main entrances of a development, provided that each sign shall have only one (1) sign face that does not exceed the maximum allowed by this Ordinance.
B. The sign height shall not exceed six (6) feet.
C. The allowed sign area shall not exceed one (1) square foot of a sign area per ten (10) linear feet of lot frontage and not exceed thirty-two (32) square feet in high face area and sixty-four (64) square feet in sign area.
(2) Wall signs shall be allowed as follows:
A. There is no restriction on the number of wall signs necessary to adequately identify buildings and related facilities.
B. Wall signs shall not exceed eight (8) square feet in sign area.
C. The aggregate area of signs on any single building shall not exceed 3.5 square feet of sign area for every one (1) linear foot of building frontage.
(3) Temporary signs may be allowed in accordance with subsection (h) hereof.
(4) Each sign may be externally illuminated with white light. No temporary sign may be illuminated.
(5) All permanent signs require permits.
(6) Pole signs shall be permitted. Any pole sign must be at least six (6) feet from the ground but not greater than twelve (12) feet from the ground and may be from ten (10) feet in length to twenty (20) feet in length, provided that the square footage of the total sign face does not exceed one hundred twenty (120) square feet, and provided further that no part of the pole or sign face blocks the view of any adjacent structure or of the intersection site triangle area.
(l) Signs Allowed in the I-1 District.
(1) All permanent signs may be illuminated. Temporary signs shall not be illuminated.
(2) No sign shall be located in such a manner as to be primarily viewed from residential used or zoned property.
(3) Permanent pole signs shall be permitted as follows:
A. Only one (1) pole sign shall be allowed on a premise.
B. The pole sign shall not exceed one-half (1/2) square foot of sign area per one (1) linear foot of lot frontage not to exceed sixty-four (64) square feet in high face.
C. Pole signs shall be a maximum height of twenty (20) feet at the street right-of-way line and for each additional five (5) feet of sign setback, one (1) foot may be added in sign height not to exceed total sign height of thirty (30) feet.
(4) Permanent wall or projecting signs shall be permitted as follows:
A. There is no restriction on the number of wall signs permitted per premise, however, the total area of all wall signs shall not exceed one and one-half (1-1/2) square feet of sign area per one (1) linear foot of building frontage.
B. Projecting signs shall not exceed twelve (12) square feet in total sign face.
(5) Temporary signs shall be allowed in accordance with subsection (h) hereof.
(6) All permanent signs require permits.
(m) Signs Allowed in the COS District. Signs within this district shall be limited to those which direct, explain, interpret or regulate facilities, uses and activities permitted upon COS zoned lands. A permit is required.
(n) Signs Allowed in Only the C-1, or C-3 Districts.
(1) Plaza signs shall be permitted. Any plaza sign shall be:
A. Erected such that the bottom of edge of the lowest sign segment is six (6) feet or more above grade; and
B. Limited in total height not to exceed fifty (50) feet above grade; and
C. Limited at its widest dimension not to exceed fifteen (15) feet; and
D. Limited in that no portion of the sign may contain flashing, moving, or automatically changing content at an elevation of less than twenty (20) feet above grade; and
E. Have its mechanical design and installation approved by an appropriate structural engineering authority for safety.
(2) No plaza sign shall be installed or maintained in the vicinity of any corner, street, intersection or access way intersecting a public right-of-way that the Code Enforcement Officer determines is an obstruction, extends into necessary sight-lines or constitutes a traffic hazard. See Section 1323.05 Sight Distance Protection.
(Ord. 310. Passed 9-16-96.)
(Ord. 310. Passed 9-16-96.)