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   1185.01 PURPOSE.
    (a)    Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. In addition to causing distractions and obstructions that may contribute to traffic and pedestrian accidents, signs are as much subject to control as noise, odors, debris and like characteristics of a use that, if not controlled and regulated, may become a nuisance to adjacent properties or the community in general.
 
   (b)    The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs for exterior observation for the following reasons:
       (1)    Preserve the noncommercial character of residential neighborhoods, and to provide reasonable, yet appropriate, conditions for identifying businesses and services rendered in commercial districts;
      (2)    Reduce traffic and pedestrian hazards by regulating signs, including signs with lights and/or motion;
      (3)    Promote expeditious and safe navigation and wayfinding for pedestrian and vehicular traffic through legible and appropriate signs;
      (4)    Preserve order, attractiveness, and cleanliness, maintain open spaces, avoid the appearance of clutter, and prevent nuisances and invitations to vandalism;
      (5)    Require that signs are constructed and maintained in a structurally sound and attractive condition;
      (6)    Maintain property values and ensure compatibility with surrounding landscape and architecture including, but not limited to, areas of historical significance;
      (7)    Encourage aesthetic quality in the design, location, and size of all signs;
      (8)    Protect the public peace, general health, safety and welfare, convenience, and comfort, and to protect and encourage a more attractive economic, business, and overall physical appearance of the community.
 
   (c)    This article must be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision.
(Ord. 2019-09. Passed 4-15-19.)
   1185.02 DEFINITIONS.
   (a)    For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
      (1)    A-Frame Sign: A sign with two hinged boards or faces which can be placed on the ground, or a rigid sign that is worn on the front and back of a person, that is used on a temporary basis.
      (2)    Abandoned Sign: A sign that is Deteriorated (as defined in herein), or is not adequately maintained, repaired, or removed within the specified time as ordered by this chapter.
      (3)    Address Sign: Any street location identifier.
      (4)    Animated Sign: Any sign that uses movement or change of artificial or natural lighting, within the sign face area, or uses smell, or noise.
      (5)    Attraction devices: refers to animation, revolution, movement up and down or sideways, and windblown devices such as ribbons, pennants, spinners and streamers whether part of a sign or not.
      (6)    Bandit Signs: A sign constructed, in whole or substantial part, of paper, cloth, canvas, plastic sheet, cardboard, wallboard, plywood, or other like materials that is not protected from exposure to the natural elements, but is made of weather-resistant materials that last for more than 7 days but less than 60 days without significant loss through exposure to the elements or wear and tear.
      (7)    Banner: A non-freestanding, non-rigid cloth, plastic, paper, or canvas with a design, picture, or writing on it, or a streamer.
      (8)    Billboard: An outdoor sign where the Sign Face Area exceeds [60] square feet in area.
      (9)    Blade Sign: A sign that is wholly or partly dependent upon a building for support or suspended from a pole attached to a building. Such signs must be perpendicular to the building face upon which they are attached.
      (10)    Canopy sign: a sign attached to the soffit or fascia of a canopy, of a covered entrance or walkway or to a permanent awning or marquee.
      (11)    Changeable Copy Sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign.
      (12)    Commercial Sign: Any sign or banner that contains text and/or graphics designed proposing or promoting a commercial transaction or directing attention to a business, commodity or service.
      (13)    Deteriorated: Showing signs of weathering, rust, corrosion, exposed wiring, chipped paint or faces, cracked, broken, torn, or missing faces, or loose materials, or other evidence of disrepair
      (14)    Directional Sign: a sign intending to direct the safe flow of vehicular and pedestrian traffic and includes "enter", "exit" and arrow signs.
      (15)    Directory sign: a sign listing only the names and/or use, or location of more than one business, activity or professional office conducted within a building, group of buildings or commercial center.
      (16)    Electronic Sign: Any sign, or portion of a sign, that displays an electronic image or video, which may or may not include text. This definition includes television screens, plasma screens, digital screens, LED screens, video boards, holographic displays, and other similar media.
      (17)    Flashing Sign: any illuminated sign which exhibits changing light or color effects.
      (18)    Frontage: The liner measurement of the border of a Lot that directly abuts a public right of way.
      (19)    Gas Inflatable Sign: Any device which is capable of being expanded by any gas and used on a permanent or temporary basis of a commercial nature. This definition includes both hot and cold-air balloons tethered or otherwise anchored to the ground.
      (20)    Ground Sign: A sign supported by or suspended from posts, pillars, columns, or other structures which are not a building or portion thereof.
      (21)    Height: The maximum vertical distance between the highest point of the sign structure and the finished grade directly below it. Sign height may not be artificially increased by the use of mounding.
      (22)    Identification sign: a sign, other than a nameplate, indicating the name of a building, business, residential subdivision or group of buildings
      (23)    Illumination, External: A constant (non-flashing) source of light directed towards signs so that the beam falls upon the exterior surface of the sign and so arranged that no direct rays of light project from such artificial source into residences or streets.
      (24)    Illumination, Internal: Means a source of illumination enclosed entirely within the sign and not directly visible from outside the sign.
      (25)    Integral sign: a sign indicating the name of a building, date of erection, monumental citations, commemorative tablets, and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure.
      (26)    Lot: a platted parcel or other tract of land separately identified with a unique parcel identification in the County Auditor's Records.
      (27)    Message Area: the area within a continuous perimeter that surrounds, but is not limited to, each word, graphic, symbol, number, and illustration.
      (28)    Motion Sign: any sign or portion of a sign which moves, other than a banner.
      (29)    Mural: a hand-painted, hand-tiled, or other similarly created or digitally printed image on the exterior wall of a building.
      (30)    Nameplate: a sign indicating the name, address or profession of the person or persons occupying the lot or building or part of a building.
      (31)    Nonconforming Sign: A pre-existing legal sign which does not conform to the standards set forth in this chapter.
      (32)    Permanent Sign: A sign for which a permit has been granted as a permanent sign, and is a sign constructed of materials to be protected from exposure to the natural elements for more than one year or is made of materials that are weather-resistant for multiple years without significant deterioration from exposure to the elements or wear and tear.
      (33)    Pole Sign: means a sign which is supported wholly by a single pole or brace upon the ground and not attached to any building.
      (34)    Portable Sign: A sign constructed of metal, wood, nylon, or other weather-resistant materials designed to withstand exposure from the natural elements for more than 60 days without significant loss through exposure to the elements or wear and tear, and for which a permanent sign permit has not been obtained.
      (35)    Projection Sign: a sign, other than a wall sign, erected on the outside wall of a building and which projects out at an angle therefrom, extending more than fifteen inches from the face of the wall of the building, wall or other structure and is supported thereby.
      (36)    Re-Facing: Any alteration to the face of a sign involving the replacement of materials or pans. Re-facing does not refer to replacing the entire sign structure or the removal of the sign.
      (37)    Roof Sign: a sign erected upon and completely over the roof of any building or a sign constructed or wholly maintained upon or over the roof or parapet wall with the principal support on the roof.
      (38)    Sign: text, illustrations, or shapes which are affixed to, portrayed, or depicted directly or indirectly upon any surface for outdoor public view. This definition includes all signs visible from any public right-of-way or adjacent property.
      (39)    Sign Structure: the supporting unit of a sign face, including but not limited to frames, braces and poles. If the Sign Structure has a communicative element to it, the Sign Structure is included in the Message Area.
      (40)    Snipe Sign: a sign that, in whole or substantial part, is not made of weather-resistant material and not adequately protected from the natural elements.
      (41)    Temporary Sign: a sign of any type designed for use for a limited period of time not to exceed thirty days. Such a sign may be suspended over pubic property or any other location for an appropriate period as determined by the Mayor and Building Commissioner not to exceed thirty days.
      (42)    Vehicle Sign: a sign that is either permanent or temporary and is affixed, painted on or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, which is displayed in public view under such circumstances as to location on the premises, time of day, duration, availability of other parking space on the premises, and the proximity of the vehicle to the area on the premises where it is loaded, unloaded or otherwise carries out its principal function, which circumstances indicate that the primary purpose of such display is to attract the attention of the public rather than to serve the business of the owner thereof in the manner which is customary for such vehicle.
      (43)    Wall Sign: any sign attached to, mounted, engraved, or erected against the outside wall of a building or structure, with the exposed display surface of the sign in a plane parallel to the building facade. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings and any extensions thereon.
      (44)    Width: the maximum horizontal or semi horizontal distance between the two points of a sign structure.
      (45)    Window Sign: any signs, posters, symbols and other types of identification, directly attached to the window of a building or erected on the inside of the building and visible from any public right-of-way or adjacent property.
         (Ord. 2019-09. Passed 4-15-19.)
   1185.03 MEASUREMENT STANDARDS.
   The size of signs are regulated in this chapter by relating the gross area of signs to the building or use of a lot, or to the size of a building unit to which the sign is accessory.
   (a)    The gross area of signs for a building or use shall include all permanent surfaces visible from a public way, including, but not limited to, the area of permanent window and door signs.
   (b)    Whenever the gross area of signs is related to the size of the building or lot: the frontage of a building shall be the width in lineal feet of the facade of the building, business, office or industrial unit which faces the principal street, or the facade containing the main entrance of a business, office, or industrial building. The frontage of a lot not occupied by a building shall be the number of lineal feet the lot abuts on the principal street at the building line.
   (c)    For signs with Internal Illumination, the entire lighted surface shall be considered the Message Area.
   (d)    For spherical Sign Structures or portion thereof, the sphere shall be dissected by an imaginary line through the center of the sphere and the surface area of the half sphere shall be counted as the sign face. For cubical Sign Structures or portion thereof, the area of all display faces (all faces that are not parallel to the ground) shall be included in determining the area of the sign. The Building Commissioner shall have discretion to use a similar methods of calculation for Sign Structures that are not flat, but have non-cubical or non-spherical shapes.
   (e)    Where a sign has two or more display faces, the area of all faces of the sign shall be included in determining the area of the sign unless two display faces join back to back, are parallel to each other and not more than 24 inches apart, or form a V-angle of less than 45 degrees.
      (Ord. 2019-09. Passed 4-15-19.)
   1185.04 DESIGN STANDARDS.
   Signs, as permitted in all use districts except those signs permitted under Section 1185.09, shall be designed to be compatible in character and style with regard to materials, color and size of the building, other signs designed or located on the same building, and other signs on adjoining buildings in order to produce an overall unified effect, and in accordance with the standards set forth in this section. Signs shall be reviewed with respect to each of the provisions of this section and shall require approval by the Architectural Review Board, except for those signs permitted under Section 1185.09.
   (a)    Continuity. Signs shall be considered in relationship to their surrounding environment and, if seen in series, should have a continuity of design and be complimentary to adjacent structures, signs and landscaping.
   (b)    Style, Design and Color. The style, design and color of a sign shall be generally consistent throughout the particular development involved and be compatible to adjacent structures.
   (c)    Lettering. The lettering on a sign shall be large enough to be easily read but not overly large or out of scale with the building upon which it is placed. An excessive amount of information on signs, where a visual clutter could create a potential safety hazard to motorists or pedestrians, shall not be permitted. All letters, figures, characters or representations in cut-out or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure. Trademarked logos shall be permitted.
      (d)    Materials. Signs shall be fabricated on and out of materials which are of good quality, good durability and complimentary to the building of which they become part.
      (1)    Every permitted sign shall be securely attached to the building, walls, marquees or structures using suitable supports, metal anchors, bolts or braces, and the working stresses of fastenings shall not exceed one quarter of their ultimate strengths.
            (2)    Wall signs attached to exterior walls of solid masonry or concrete shall be safely and securely attached to same by metal anchors, bolts or lead expansion anchors of not less than three-eighths inch in diameter and shall be imbedded to manufacturer's required depth for device used.
         A.    No wooden blocks or anchorage with wood used in connection with screws, nails, spikes or staples shall be considered proper anchorage.
                  B.    Wall signs attached to wood walls may be supported by lag screws of not less than one-fourth inch in diameter, but shall be of size and length to support load involved.
      (e)    Structural Design. Any graphic, sign structure, or canopy as defined in this chapter, shall be designed and constructed to withstand a wind pressure of not less than thirty pounds per square foot of net surface area, allowing for wind from any direction, and shall be constructed to withstand loads as required in the Building Code. Signs shall not extend above parapets. The construction, bracing, anchorage and support of permanent signs shall be in accordance with the requirements of the Building Code of the Municipality and of this chapter.
   (f)    Relation to Traffic Devices. Signs shall not be erected so as to obstruct sight lines along any public way, traffic control lights, street name signs at intersections or street sight lines. Signs visible from the sight lines along a street shall not contain an arrow or words such as "stop", "go", "slow", etc., and the movement, content, coloring or manner of illumination shall not resemble highway traffic signs or interfere with the sight lines of a traffic signal.
   (g)    Other Safety Requirements. No sign shall be erected or placed so that any part thereof shall be within a fifteen foot distance of public utility electric conductors, carrying not more than 600 volts, and for conductors carrying more than 600 volts, not within a distance of thirty feet of such conductors, except that this provision shall not apply to electric conductors which serve the sign.
      (Ord. 2019-09. Passed 4-15-19.)
   1185.05 ILLUMINATION.
   (a)    Light sources to illuminate signs shall be shielded from all adjacent residential buildings and streets and shall not be of such brightness so as to cause glare hazardous to pedestrians or motorists or as to cause reasonable objection from adjacent residential districts, and shall be concentrated on the area of sign.
   (b)    Animated, blinking, flashing, fluttering, moving or outlined illumination shall not be permitted in any district. Beacon lights and search lights are prohibited. No sign shall be constructed and/or operated to create an appearance of illusion of writing.
   
   (c)    No exposed reflective type bulbs, neon tube illumination bent to form letters or symbols or used other than to blacklight silhouetted letters or for the internal illumination of plastic faced signs or letters, or strobe lights or incandescent lamps which exceed fifteen watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property. No illuminated signs shall be permitted in the window or on the door of any premises. Illuminated signs, as the same are permitted by this section, are limited to the exterior of the building only. Neon tubing shall not be visible to the eye and shall not be closer than one inch to the plastic face or letter of any sign.
   (d)    The methods of illumination permitted are colored light, illuminated surface colors, internal illumination (a light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface), and indirect illumination (a light source not seen directly), provided that within residential areas or within 500 feet thereof only white shall be permitted.
   
   (e)    Display signs illuminated by electricity, or equipped in any way with electric devices or appliances, shall conform in wiring and appliances to the provisions of the National Electrical Code and there shall be a locktype switch.
   
   (f)    Signs in residential districts shall not be illuminated.
   
   (g)    In all zone districts, illuminated signs shall be turned off no later than 11:00 p.m. or when the premises are closed for business, whichever is later.
(Ord. 2019-09. Passed 4-15-19.)
   1185.06 MAINTENANCE AND REMOVAL.
   (a)    All signs and sign structures shall be maintained in good repair and in a safe, attractive condition, free of structural defects and electrical violations so as not to constitute a blight or deteriorating influence on adjacent property or a safety hazard. Signs which no longer serve the purpose for which they were intended or which have been abandoned or are not maintained in accordance with this section, and other applicable regulations of the Municipality shall be removed by the person on whose premises such sign is displayed or by the Municipality at the expense of such person. Any commercial sign now or hereafter existing which no longer advertises a bonafide business conducted shall be removed. These removal provisions shall not apply where a succeeding owner or lessee conducts the same type of business and agrees to maintain the sign as provided in this chapter or changes copy on the signs to advertise the type of business being conducted, and provided the sign complies with all other provisions of this chapter.
   (b)    The Building Department shall inspect, as it deems necessary, each sign or other structure regulated by this chapter for the purpose of ascertaining whether the same is secure or whether it is in need of removal or repair.
   
   (c)    The occupant or owner of any premises upon which a violation of this chapter is apparent or the owner of any sign placed or remaining anywhere in violation of this chapter shall be deemed responsible for the violation so evidenced and subject to the penalty provided therefor.
   
   (d)    Upon removal of signs, the area affected shall be substantially restored to its original condition before the sign was erected or attached. Non-inclusive example: Any holes in a building or wall thereof or in the ground shall be repaired and restored substantially to their original status. (Ord. 2019-09. Passed 4-15-19.)
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