(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADVERTISING STRUCTURE. See § 94-5 of this chapter.
SIGN. See § 94-5 of this chapter.
SIGN, FREESTANDING. See § 94-5 of this chapter.
(B) Purpose and intent. The city recognizes that signs are a major means of outdoor advertising for local businesses and provide directions and other information for drivers and pedestrians. The city also recognizes that signage significantly affects the quality of our visual environment. The goals of this section are, therefore, to:
(1) Promote conscientious use of signs by local businesses, government bodies and other entities to permit maximum legibility and effectiveness of signs; and
(2) Prevent over-concentration, excessive size and improper placement of signs in order to promote an atmosphere of small town charm with positive esthetics.
(C) General provisions.
(1) Signs and advertising structures may be maintained in the districts where such uses are permitted after having secured an improvement location permit approving the location, size and design of said sign or advertising structure, except in the case where said sign or advertising structure is specifically excluded from the requirements of an improvement location permit by the provisions of this section, subject to the following general requirements.
(a) Signs and advertising structures shall conform to the regulations for this district in which they are located, as established by this section.
(b) The area of a sign or advertising structure shall be calculated by multiplying its maximum vertical and horizontal dimensions, excluding support structure.
(c) No sign or advertising structure shall be erected at the intersection of any streets in such a manner so as to obstruct free and clear vision of operators of motor vehicles, or at a location where, by reason of its position, shape or color, it may interfere with or obstruct the vision of, or be confused with any authorized traffic sign, signal or device, or make use of any word, phrase, symbol or character in such a manner as to interfere with or confuse traffic.
(d) Lights used to illuminate signs or advertising structures shall be so installed so as to concentrate the illumination on the sign or advertising structure and so as to minimize glare upon a public street or adjacent property. Signs and advertising structures are also subject to the requirements of the Highway Advertising Control Act of 1967, as amended. All signs and advertising structures shall conform to the provisions of said Act. If this section and the Act are in conflict, the requirements of the more restrictive shall apply.
(2) The following types of signs shall be exempted from requirements of this section:
(a) Signs not exceeding one square foot in area and bearing only property numbers, post box numbers and names of occupants of premises;
(b) Flags and insignia of any government, except when displayed in connection with commercial promotion;
(c) Legal notices, identification information or directional signs erected by or at the direction of governmental bodies;
(d) An integral decoration or architectural feature of a building, except letters, trademarks, moving parts or moving lights;
(e) Signs directing and guiding traffic in parking on private property, but bearing no advertising matter or logos;
(f) Permanent entrance signs to residential subdivisions or PUDs when the Commission, as part of plat approval for the development, approves the sign; and
(g) Signs that identify a family farm, family farming operation or advertising farm products for sale on the farm are exempt; provided, the total area of sign(s) do not exceed 64 square feet.
(D) Signs. Signs are permitted in all districts subject to the restrictions of the district in which the sign is located as established by this section, plus the following general requirements that shall also apply to all signs.
(1) (a) Whenever this section limits the area of any sign, a double-faced sign may be erected having the allowed sign area on each side of the structure; provided that, the maximum dimensions between the two faces of the sign shall not exceed two feet.
(b) No sign shall be located closer than 30 feet from an abutting residential use.
(2) Signs may be placed on the surface of a building provided the area in square feet does not exceed three times the length of the wall (e.g., wall length is 60 feet maximum sign area is 180 square feet). Total area of signs on buildings may not exceed that allowed in the district in which the building is located. Any sign that is proposed for a wall that faces and is within 200 feet of a residential use shall required application be made to the Board of Zoning Appeals for approval of the sign or signs and method of lighting.
(3) No part of any sign, whether freestanding or attached to a building, shall exceed the height requirements of the district as established in Art. III of this chapter or 40 feet whichever is less.
(4) (a) Any projecting wall sign with its advertising surface at an angle to a wall facing a street shall be deemed to be a freestanding sign.
(b) No such sign shall project beyond the right-of-way line of any adjacent street.
(c) Said signs shall have at least eight feet of clearance above the ground.
(5) The minimum setback of freestanding signs from street rights-of-way shall be not less than those given in the following table as measured to the nearest edge of the sign:
Area of Sign per Face | Minimum Setback |
12 square feet or less | 5 feet |
12.1 to 50 square feet | 10 feet |
50.1 to 128 square feet | 20 feet |
128.1 to 256 square feet and shopping center signs | 50 feet |
Over 256 square feet are prohibited, except for shopping center signs | Prohibited |
(6) No freestanding sign shall be erected or maintained on or within any easement or right-of- way, whether public or private, without the express written approval from the person or agency empowered to grant such approval.
(7) Where a use has been permitted in a district by special exception, the sign requirements for the district in which it has been allowed to be located shall determine the requirements for size, location, placement and erection of signs for the special exception use.
(8) No sign shall be erected or maintained at any location where, by reason of its position, wording, illumination, size, shape or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with any authorized traffic-control sign, signal or devise.
(9) No sign shall contain or make use of any phrase, symbol, shape, form or character in such a manner as to interfere with, mislead or confuse moving traffic.
(10) No exterior sign shall be permitted to display flashing, intermittent, revolving or animated lighting or illumination, or any illumination that simulates or displays motion. LED signs, and similar electronic displays, are permitted; provided, the display does not flash, show animation or change screen message less than eight second intervals. LED signs and electronic displays are not allowed on advertising structures.
(11) All signs not expressly exempted or permitted by this chapter are prohibited. Also, prohibited are off premises signs of any type or size that are attached to utility poles, fence post, trees, light post, traffic signal post or poles or any structure within public right of way.
(12) No part of any sign that is attached to the exterior wall of a building shall be erected to a height in excess of six feet above the roof or parapet line of such building.
(13) No illuminated sign shall be permitted within 50 feet of any residential district unless the illumination of such sign is so designed that it does not reflect or shine light onto such property.
(14) No part of any freestanding sign shall be erected to a height greater than that specified for other structures in the district in which the sign is located; roof top sign structures shall not exceed more than six feet above the roof line, nor shall such sign structures extend beyond or overhang any exterior wall of the building upon which they are secured.
(15) A minimum setback of freestanding signs from street rights-of-way shall not be less than those given in the table in subsection (D)(5) above.
(E) Advertising structures. Advertising structures are permitted only in B3, B4 and Industrial Districts, subject to the restrictions of that district as established by this section, plus the following general requirements that shall apply to all advertising structures.
(1) No advertising structure shall be located closer than 1,000 feet in any direction from any other advertising structure on the same side of the road, street or highway.
(2) No advertising structure shall be located closer than 500 feet to any access ramp of a limited access highway, nor closer than 500 feet to the intersection of two or more state highways. The distance to the access ramp shall be measured from the point where the pavement widening begins.
(3) No advertising structure shall be placed within 500 feet of any dwelling or land platted and recorded for residential use, or any school, church, place of public assembly or park unless the property owner waives this requirement as it applies to his or her property.
(4) An advertising structure may contain no more than two displays per facing, the maximum combined area of which shall not exceed 512 square feet. No advertising structure, excluding supports and frames, shall exceed 16 feet in height or 32 feet in length.
(5) The height of any advertising structure, including supports and frame, shall not exceed 40 feet measured from either the ground elevation at its base or from the elevation of an adjacent road, street or highway whichever is higher. A minimum of eight feet of open space between the bottom of the display and the ground directly below the display is required.
(6) Each advertising structure shall be set back at least 50 feet beyond the street or highway right-of-way, measured from the closest edge of the advertising structure.
(7) No advertising structure shall be erected or maintained on or within an easement or right-of-way, public or private, without the express written approval from the person or agency empowered to grant such approval.
(8) An improvement location permit shall be required for the erection of an advertising structure. The application for the improvement location permit shall include a plot plan certified by a registered land surveyor, showing the exact location of the proposed advertising structures, intersections, residences and the like that are affected by the proposed structure and regulated by this section. The application for an improvement location permit shall include a notarized statement to be submitted to the County Assessor showing the party responsible for future tax assessments due on the advertising structure.
(F) Specific sign regulations by district.
(1) FP, AG, R1, R2, R3 and B1 Districts.
(a) Signs shall be permitted in these districts subject to the conditions of subsections (C) and (D) above. In addition, the following conditions shall apply.
1. One non-lighted, ground mounted, sign for each street frontage shall be permitted.
Maximum area per sign shall be 12 square feet. Maximum height of sign is six feet. Signs shall pertain only to products for sale, events occurring or services rendered upon the premises. Except, freestanding signs are prohibited in R1 and R2 Districts.
2. Signs mounted or attached to the building are permitted as provided in subsection (F)(1)(a)3. below.
3. One non-lighted nameplate for each street frontage shall be permitted. Maximum area per nameplate shall be six square feet. Nameplates shall display only the name of the property owner or lessee, the name of the property and the address of the property. Free standing name plates shall be set back a minimum of five feet from the right-of-way line of any adjacent street.
4. “For Rent” and “For Sale” signs shall be permitted. Not more than two such signs not exceeding six square feet per sign shall be permitted on any lot or parcel.
5. Total area of signs freestanding and attached or mounted on buildings shall not exceed 24 square feet. An improvement location permit for the above-mentioned signs is not required.
(b) Advertising structures are prohibited.
(2) B2 Districts.
(a) Signs shall be permitted in this district subject to the conditions of subsections (C) and (D) above. In addition, the following conditions shall apply.
1. A maximum of two freestanding signs shall be permitted per lot, out-lot or parcel. The signs may be lighted. The total area of all freestanding signs shall not exceed 192 square feet. Maximum height of freestanding signs is 32 feet. Signs mounted or attached to the building are permitted provided the total area of the sign(s) in square feet does not exceed three times the length of the wall in lineal feet (e.g., wall length 20 feet maximum sign area is 60 square feet). Further, the total area of all signs, freestanding and those attached or mounted on buildings, shall not exceed 372 square feet.
2. Small vertical directional signs each not to exceed eight square feet in area may be attached to a building structure to aid customers and suppliers in locating garbage entrances, delivery points and the like. No improvement location permit shall be required for such signs.
3. “For Rent” and “For Sale” signs shall be permitted. Not more than two such signs not exceeding 12 square feet per sign shall be permitted on any lot, building or occupancy. No improvement location permit shall be required for such temporary signs.
4. One temporary sign, not exceeding 32 square feet, for the purpose of advertising a special event, such as a “Grand Opening”, “Special Sale” or for the purpose of advertising the business until a permanent sign is erected, shall be permitted per business provided the temporary signage does not exceed a collective 30 days out of a calendar year. No improvement location permit shall be required for such temporary signs.
(b) In addition to the two signs allowed in subsection (F)(2)(a)1. above, shopping centers or multi-business buildings shall be allowed one multi-listing sign consisting of a directory sign for each business no greater than 16 square feet per business, plus space for the shopping center name not to exceed 128 square feet. Total area of all signs on the structure shall not exceed 192 square feet. The sign structure shall not exceed 32 feet in height.
(c) Advertising structures are prohibited.
(3) B3, B4, I1, I2, I3 and I4 Districts.
(a) Signs shall be permitted in these districts subject to the conditions of subsections (C), (D) and (E) above. In addition, the following conditions shall apply.
1. A maximum of three freestanding signs shall be permitted on each lot, out-lot or parcel. The total area of all freestanding signs shall not exceed 256 square feet. Signs mounted or attached to the building are permitted; provided, the total area of the sign(s) in square feet does not exceed three times the length of the wall in lineal feet (e.g., wall length 96 feet maximum sign area is 288 square feet). Further, the total area of all signs, freestanding and those attached or mounted on buildings, shall not exceed 512 square feet. Maximum height of freestanding signs is 40 feet.
2. Shopping centers or multi-business buildings shall be allowed one multi-listing sign consisting of a directory sign for each business no greater than 48 square feet per business, plus space for the shopping center name not to exceed 256 square feet. Total area of all signs on the structure shall not exceed 384 square feet. The sign structure shall not exceed 50 feet in height.
3. Small vertical directional signs each not to exceed eight square feet in area may be attached to a building structure to aid customers and suppliers in locating garage entrances, delivery points and the like. No improvement location permit shall be required for such signs.
4. “For Rent” and “For Sale” signs shall be permitted. Not more than two such signs not exceeding 24 square feet per sign shall be permitted on any lot, building or occupancy. No improvement location permit shall be required for such signs.
5. One temporary sign, not exceeding 32 square feet, for the purpose of advertising a special event, such as a “Grand Opening”, “Special Sale” or for the purpose of advertising the business until a permanent sign is erected, shall be permitted per business provided the temporary signage does not exceed a collective 30 days out of a calendar year. No improvement location permit shall be required for such temporary signs.
(b) Advertising structures are permitted.
(4) Summary of specific regulations by district.
District | Max. No. Freestanding | Max. Area per Sign | Max. Area on Building | Max. Total All Signs | Max. Area Shopping Center | Max. Height | Lighted |
AG*, R1, R2, R3, B1 | 1 per street frontage ** | 12 sqft | 6 sqft per business | 24 sqft | Not allowed | 6 ft | No |
B2 | 2 | 192 sqft total for 2 | 3 x front | 372 sqft | 192 sqft | 32 ft | Yes |
B3, B4, I1, I2, I3, I4 | 3 | 256 sqft total for 3 | 3 x front | 512 sqft | 384 sqft | 40 ft *** | Yes |
NOTES TO TABLE:
The area of a Shopping Center or Multi-Business signs is in addition to the total area of all signs. * See subsection (C)(6) for exempt signs in AG District. ** Freestanding signs are not permitted in R1 and R2 Districts. *** Maximum height of shopping center or multi-business sign in these districts is 50 feet. | |||||||
(G) Fee for improvement location permit for signs. Fees are due at the time of applying for the improvement location permit and should be paid at the office of City Superintendent and in accordance with § 94-240 of this chapter under signs or advertising structure. Failure to comply with this section shall result in a fine in accordance with § 94-241 of this chapter with violations to be filed by the City Superintendent in the City Court. Violations may also be treated the same as any other violation of this chapter and can be enforced by any discretion of the Plan Commission.
(H) Inspection, removal, safety and maintenance of signage.
(1) Inspection. Signs for which a permit is required may be inspected periodically by the Building and Planning Inspector and/or his or her agent for compliance with this and other codes of the city.
(2) Removal of sign.
(a) The Building and Planning Inspector may order the removal of any sign erected or maintained in violation of this code. He or she shall give 30 days’ notice in writing to the owner of a permanent sign, or place a notice of such violation on the building, structure, property, or sign in violation, to remove the sign or to bring it into compliance within 30 days of the notification. He or she shall give a three-day notice for temporary or portable signs. The Building and Planning Inspector or his or her agent may remove a sign immediately and without notice if in his or her opinion, and with the consent of the Mayor, the condition of the sign is such as to present an immediate threat to the safety of the public.
(b) Any sign removed by the Building and Planning Inspector and/or his or her agent, pursuant of the provisions of this section, shall be held by the city for redemption by the owner, unless the sign was removed from the public right-of-way. To redeem, the owner shall pay all costs incurred by the city for removal. Should said sign not be redeemed within 30 days of its removal, it may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and owner of the property, and may be recovered in an appropriate court action by the city. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign’s removal. Signs removed from the public right-of-way shall be considered abandoned and disposed of immediately.
(3) Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition. Failure to comply will automatically revoke appropriate permits after such noncompliance has been determined by the Building and Planning Inspector, and notice has been given to the owner of the sign as reflected by the records of the Building and Planning Inspector. Legally established signs, which were either located prior to the requirement for a sign permit or where the subject of a permit and the permit records have been subsequently destroyed, shall also be considered in violation of this provision of the ordinance and enforcement proceedings may be initiated to compel appropriate maintenance to comply with these requirements.
(4) Abandoned signs. Any sign, to include advertising structures, equipment and lighting fixtures, shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises; unless however, it is possible to remove only the sign copy (such as in the case of a box sign), then the insertion of a blank, translucent panel shall be considered removal under this code. If the owner or lessee fails to remove it, the Building and Planning Inspector shall give the owner ten days written notice to remove it (except in the cases of signs abandoned in the public right-of-way which shall be removed and disposed of immediately). Upon failure to comply with this notice, the Building and Planning Inspector or his/her duly authorized representative may remove the sign at cost to the owner. Where a successor to a defunct business agrees to maintain the sign(s) as provided in this code, this removal requirement shall not apply. The new sign user shall notify the Building and Planning Inspector’'s office, in writing, of this change. No new sign permit is required unless the sign is altered or relocated. The Building and Planning Inspector shall be notified in any matters relating to sign relocations.
(Ord. 2001-1478, passed 11-19-2001; Ord. 2011-1655, passed 7-18-2011; Ord. 2017-1742, passed 4- -2017)