9-10-5: GENERAL STANDARDS:
   A.   Nonapplicable: Nothing in this chapter shall apply to displays of the following kinds:
      1.   Official notices of any court, public body or officer;
      2.   Notices posted by utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice;
      3.   Directional, warning or informational signs or structures either required by law or established by local authority, institutional or group notices of a public or semipublic nature;
      4.   Permanent lettering attached to a motor vehicle when indicating its primary purpose; or
      5.   Those signs or displays located within a building or on a parcel that will not be visible from any existing or proposed public road, street, highway or alley, nor any approved private road.
   B.   Applicable Regulations: All signs erected in the city after adoption of this chapter that are not legal, nonconforming signs shall comply with the current standards of the national electrical code, and adopted building code, all provisions of this chapter and any other applicable provisions of this title or other applicable regulations.
   C.   Ownership Shown On Signs: The name of the sign owner and sign erector of all signs shall be in plain and public view. Signs not carrying such an imprint will be presumed to be owned by the owner of the property on which the sign is located.
   D.   Clearance Between Sign And Ground: A minimum clearance of six feet (6') shall be provided between the ground and the bottom of any pole or projecting sign.
   E.   Signs Not To Constitute A Traffic Hazard: No sign shall be erected along any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of its position, shape, color or words, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or block visibility for driveway ingress or egress. (See also subsection 9-9-7D of this title.)
   F.   Repair Of Building Facades: A building facade damaged as the result of the removal, repair, replacement or installation of any signs shall be repaired by the property owner within thirty (30) calendar days from the date of the damage.
   G.   Maintenance Of Signs: Every sign shall be kept in good maintenance and repair. The ground space within a radius of ten feet (10') from the base of any freestanding sign shall be kept free and clear of all weeds, rubbish and flammable material.
   H.   Sign Removal: Signs identifying a discontinued use on the property shall be considered an abandoned sign and must be removed from the property by either the sign owner or the property owner within ninety (90) calendar days of the time the use was discontinued.
   I.   Moving To A New Location: No sign erected before the adoption of this chapter shall be moved or enlarged or replaced unless it is made to comply with provisions of this chapter.
   J.   Lights And Lighted Signs: No spotlight, floodlight or lighted sign shall be installed in any way which will permit the rays of such sign's light to penetrate beyond the property on which such light or lighted sign is located in such a manner as to constitute a nuisance.
   K.   Height And Elevation Of Building Signs: The height and elevation of building signs shall conform with the following provisions:
      1.   Awning Signs: Awning signs shall not be located above the first floor level of the building.
      2.   Flat Signs: No portion of any flat sign shall project beyond the end or top of the wall to which the flat sign is attached.
      3.   Marquee And Canopy Signs: Marquee and canopy signs shall not be located above the main entry level of the premises.
      4.   Nameplates: Nameplates shall not be located above the first floor level of the building.
      5.   Projecting Building Signs: A projecting building sign shall not exceed the top of the vertical building wall on which it is located.
      6.   Projecting Business Storefront Signs: A projecting business storefront sign shall be located at the main pedestrian entry level of the building.
      7.   Window Signs: Window signs shall not be located above the first floor.
   L.   Extension Of Building Signs: The following building signs shall be allowed to extend beyond the face of buildings or structures in conformance with the following provisions:
      1.   Flat Signs: A flat sign, with no copy visible from the sides, may extend a maximum of two feet (2') from the face of the building and may not encroach into setbacks or yard areas.
      2.   Projecting Building Signs: Projecting building signs may extend a maximum of six feet (6') from the face of the building but shall not extend over a public right of way.
      3.   Awning/Canopy And Marquee Signs: As authorized in other sections of this chapter.
   M.   Freestanding Signs: The following standards apply to all freestanding signs:
      1.   Monument Signs: Monument signs may be placed upon a berm the height of which does not exceed two feet (2').
      2.   Monument Number And Density Of Freestanding Signs Allowed: One or more signs per parcel, however no freestanding on premises sign in excess of twenty five feet (25') in height shall be constructed within a distance of two hundred fifty feet (250'), as measured in a straight line, from any other sign in excess of twenty five feet (25') in height on the same parcel, unless the applicant has first obtained a conditional use permit from the city council.
      3.   Setback: No freestanding display, sign or structure shall be located within ten feet (10') of the current or future right of way width. The side setback shall be the same as the building side yard setback except that, if the adjacent lot or parcel is in a residential zone, the sign shall be set back at least five feet (5') from the side property line. In no case shall a sign be located in such a way as to impact the thirty foot (30') sight zone at intersections and driveways.
      4.   Height:
         a.   The minimum height of a freestanding sign shall be measured from the horizontal surface of the ground to the lowest portion of horizontal projection of the sign, and shall not be less than fourteen feet (14') where located in an area subject to vehicular traffic.
         b.   The maximum overall height for any pole sign shall not exceed the building height for the district in which the sign is erected. Any sign that exceeds twenty five feet (25') in height, regardless of the building height for the district in which the sign is erected, must obtain approval of a conditional use permit. Proposed signs greater than the building height for the district in which the sign is erected must additionally obtain approval of a variance as provided for in section 9-10-11 of this chapter.
      5.   Landscaping: Every freestanding sign so located as to be subject to pedestrian or vehicular traffic shall have a Nevada division of transportation standard "A" type concrete curb or equivalent at a minimum distance of four feet (4') from any portion of the sign which would interfere or obstruct said traffic and the area within the curb shall be landscaped.
   N.   Awning Signs: The following standards apply to awning signs:
      1.   Area: The maximum allowable area of an awning shall not exceed twenty five percent (25%) of the building facade on which the sign is to be placed. Area to be used for copy or design shall not exceed fifty percent (50%) of the awning. Striping of not more than one color (including black and white) and the background shall not be considered design space. Awnings placed on canopies or marquees are not exempted from the twenty five percent (25%) limitation and may not exceed three feet (3') in vertical face height or cross section dimension and shall provide a minimum of eight feet (8') clearance from the grade. Additionally, for awnings placed on canopies or marquees no more than twenty five percent (25%) of the awning shall be used for copy or design.
      2.   Construction: Awnings shall be constructed of low maintenance materials and flush mounted against the wall or the canopy.
      3.   Illumination: External lighting may not be used with awning signs.
   O.   Common Tenancy Signs: Common tenancy signs are permitted in all commercial and industrial zoning districts and may be integrated as part of an allowed monument, pole or flat sign display area.
   P.   Marquee Signs: A sign attached to any marquee shall not project below the marquee and shall not have more than fifty percent (50%) of the sign projecting above the top of the marquee. The sign shall not under any conditions exceed the height of the wall to which the marquee is attached, and no external bracing to the wall or top of the marquee shall be allowed. Signs attached to marquees shall maintain the minimum ten foot (10') clearance required for the marquee. (Ord. 412, 10-28-2008, eff. 11-27-2008)
   Q.   Reader Signs: Reader signs (other than portable reader signs) shall be integrated into another approved freestanding sign and shall be included in the overall maximum area for such signs, but not to exceed seventy five percent (75%) of the total area of the sign, unless otherwise provided for in this chapter. Only internal illumination may be used with a reader sign. (Ord. 459, 8-14-2012)
   R.   New Development Signs: New development signs shall be permitted during construction through initial occupancy of ninety five percent (95%) of floor space for a nonresidential development and through ninety five percent (95%) initial unit occupancy for a residential development. Banners may be permitted for new development signs, provided they do not exceed the size requirements otherwise allowed, are kept in good repair, and all four (4) corners of the banner are secured to a building facade. New development signs shall be removed upon two (2) years of use, regardless of the level of occupancy but the permit may be renewed for additional periods of two (2) years through initial ninety five percent (95%) occupancy, as set forth above.
   S.   Historical Monuments And Markers: Monuments or markers designating historic sites may be constructed in all zones with approval by the city council. Historic monuments and markers shall be constructed of masonry or noncorrodible metal materials or other materials.
   T.   Murals And Supergraphics: Murals and supergraphics that are painted or appear to be painted on the walls of buildings may be permitted with the approval of a conditional use permit in zoning districts which also allow flat signs. Murals and supergraphics are subject to the same sign area calculations and requirements as are flat signs. Such signs shall use durable materials.
   U.   Sculptured Signs: Sculptured signs include scaled reproductions of products, an actual product, statuary or other devices intended to represent a product, location or service. Sculptured signs are permitted with the approval of a conditional use permit by the city council.
   V.   Vehicles As Promotional Devices: Notwithstanding any other provision of these regulations, a vehicle or vehicles may be used as on premises promotional devices, with associated signage, subject to the following conditions:
      1.   Such display shall be set back from any public right of way in accordance with the normal front setback for an on premises pole sign;
      2.   One such display shall be permitted within each five hundred feet (500') of frontage along any public right of way;
      3.   Any sign associated with such display shall not extend more than two feet (2') above or beyond the vehicle being displayed;
      4.   Identified as a permitted use within this chapter.
   W.   Parking Of Advertising Vehicles: No person shall park any inoperable or stationary vehicle or trailer on a public right of way, or public property, or on private property so as to be visible from a public right of way, which has attached thereto or located thereon, any sign or advertising device for the purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premises. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle. (Ord. 412, 10-28-2008, eff. 11-27-2008)
   X.   Temporary Signs: Temporary signs shall comply with the following standards:
      1.   Required Setback: All temporary signs over thirty inches (30") in height shall be set back five feet (5') from all property lines and located outside the sight distance zone, except where displayed as building signs on buildings set back less than five feet (5') or where the sign setback is otherwise specified in this title.
      2.   Display Period And Removal: Temporary signs shall be permitted in accordance with the standards set forth below for display period and removal, unless specified otherwise in this title:
Sign Type
Display Period
Removal Required
Sign Type
Display Period
Removal Required
Construction
Duration of construction
3 days after receiving certificate of occupancy
Garage/yard sale
2 days in a given week, not more than 8 days per year
End of sale
Public event banner (on public property)
Per city guidelines
Per city guidelines
Real estate
Duration of listing
Closing/lease commencement date
Temporary portable reader
14 days per calendar quarter, 30 days for grand opening
End of fourteenth day, or end of thirtieth day for grand opening
Promotional
30 days per calendar quarter, 60 days for grand opening
Expiration of permit
Vacancy
Duration of vacancy
Date of lease or of purchase and sale contract
 
      3.   Temporary Directional Subdivision Signs:
         a.   Number Of Signs Allowed: Temporary directional subdivision signs will be allowed upon issuance of a permit as provided herein to advertise a residential subdivision (containing at least 10 lots) during the construction of the subdivision and the number of signs must not exceed eight (8).
         b.   Area: The area of each sign shall not exceed three (3) square feet with dimensions of eighteen inches by twenty four inches (18" x 24").
         c.   Location: Temporary directional subdivision signs will be permitted inside and outside the boundary of the subdivision, except within twenty five feet (25') of another off premises subdivision directional sign.
         d.   Maximum Sign Height: Four feet (4').
         e.   Minimum Setback From Street Right Of Way: Five feet (5').
         f.   Display Period: The development services department may issue a permit for temporary directional subdivision signs for up to six (6) months. The permit application must include the number of signs including a location plan and evidence of permission from property owners where the signs are proposed to be placed. The development services department, upon making affirmative findings consistent with subsection 9-10-4F of this chapter shall issue the permit. At the end of the six (6) month display period, the applicant may request a renewal of the permit, provided the property owner permission is still valid, and the sign plan is still current.
      4.   Temporary Portable Reader Signs:
         a.   Temporary Portable Reader Signs: Temporary portable reader signs may be temporarily located with or without wheels, as provided in this section.
         b.   Display Period: One temporary portable reader sign may be displayed on a lot for no longer than fourteen (14) days per calendar quarter and for no longer than thirty (30) days during a grand opening. This provision applies to both single users and multiple users who share the same sign. A portable reader sign may not be used as a substitute for a permanent freestanding sign.
         c.   Size: Temporary portable reader signs shall not exceed thirty two (32) square feet in area.
         d.   Location: Temporary portable reader signs shall be located a minimum of eighteen inches (18") behind the front property line and five feet (5') from the side property line. In no case shall a sign be located in such a way as to impact the thirty foot (30') sight zone at intersections and driveways. Electrical cords may not be placed in the way of any pedestrian or vehicle traffic.
         e.   Illumination: Only internal illumination may be used with temporary portable reader signs.
         f.   Issuance: Temporary portable reader signs require a permit which is issued by the planning department. A permit seeking permission for a temporary portable reader sign must set forth the days when the temporary portable reader sign will be displayed.
      5.   Promotional Signage:
         a.   Temporarily Allowed: Promotional signage, including, but not limited to, banners, pennants, streamers, flags and searchlights, but not including prohibited movable signs, may be temporarily located as provided in this section.
         b.   Display Period: A temporary sign permit for promotional signage (i.e., banners, pennants, streamers, flags and searchlights) may be approved by the planning department for a period not to exceed thirty (30) consecutive days per calendar quarter or no longer than sixty (60) consecutive days during a grand opening. Alternatively, the applicant may elect to display promotional signage each week from Friday to twelve o'clock (12:00) noon on Monday morning on a continuous basis. If the business chooses this option, promotional signage will be removed each Monday morning and not displayed again until the next Friday morning. If Monday morning is a legal holiday in the city, the promotional signage may be displayed until twelve o'clock (12:00) noon Tuesday morning of that week.
         c.   Area: The total area of a banner may not exceed fifty (50) square feet. Attached pennants and streamers may not exceed forty (40) linear feet in length. Flags are limited to a total of thirty (30) square feet.
         d.   Density: Only two (2) banner signs per business are allowed. A maximum of two (2) types of other promotional signs, per business, may be used simultaneously.
         e.   Location: Banner signs may be placed on the principal building facade only. Other promotional signage shall not obstruct or be placed on any public right of way or attached to any structure or appurtenance in the public right of way. Other promotional signage shall not be located in a clear vision zone.
         f.   Searchlights: Searchlights shall be located a minimum of fifty feet (50') from the edge of any street pavement, shall be directed upward at an angle of at least forty five degrees (45°) and shall be operated only between dusk and eleven o'clock (11:00) P.M. Searchlights may be used in HT zone only.
         g.   Inflated Sign Displays: Inflated signs shall not exceed thirty five feet (35') in height and must be tethered to a maximum overall height of one hundred feet (100').
            (1)   Location: An inflated sign shall meet all minimum building setbacks of the zone in which it is used, or, if located adjacent to a more restrictive zone, shall meet that zone's setback requirements. Such inflated signs shall be adequately tethered to the ground and shall be located so as not to constitute a hazard.
            (2)   Safety: Inflated signs shall be adequately tethered and located so as not to extend into the airspace above the public right of way, regardless of wind condition. Flammable gases shall not be utilized for inflated signs. Any inflated sign constituting a hazard shall be immediately removed.
         h.   Light Pole Banners: Light pole banners are only permitted on private property in conjunction with this temporary promotional signage permit.
         i.   Issuance: The planning department may issue a permit for promotional signage per the terms set forth in this section. (Ord. 474, 4-22-2014, eff. 5-13-2014)
   Y.   Historic District Signs: The city council may authorize, as a conditional use permit, modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure.
   Z.   Sign Area Determination: Sign face area square footage shall be determined as follows:
      1.   Flat signs (excluding letter signs and backlit awnings) and wall signs: The entire surface of the sign face shall be measured.
      2.   Backlit awnings and letter signs: A polygon, not to exceed eight (8) sides, shall be drawn around the copy area to enclose as nearly as possible the space covered by the copy.
      3.   All signs: Words, symbols, letters, images, logos and all other designs that are intended to convey a message shall be included in calculating the sign face area. Colors, stripes and other designs that are not intended to convey a message shall not be included.
   AA.   Federal Aviation Administration Limitations: No display, sign or structure as regulated by this section shall exceed public airport and vicinity limitations and the sectional district maps for any airfield, nor create distractions or adversely effect the visibility of aircraft in such a way as to pose a hazard due to height, size or lighting.
   BB.   Setback Measurements: All advertising display, sign and structure setback distances shall be the furthest distance determined from either the current or future right of way line, back of curb or back of sidewalk and measured horizontally to the closest point of projection of the display, sign or structure.
   CC.   Revolving Signs: A sign that revolves shall not exceed eight (8) revolutions per minute and shall be permitted only in nonresidential zones.
   DD.   Community Directional Signs Permitted: Community directional signs and kiosks that are uniform and attractive in appearance are encouraged throughout the city to guide residents and visitors to points of interest, including major resorts, public facilities, and private housing developments.
Ladder style directional signs to be shared by more than one development are not in violation of this code or the limitations of this section. Such directional signs must be part of a community directional sign program with locations approved by the planning and redevelopment director as to location, design and materials. If signs are located within a planned unit development (PUD), they must be approved by the city council at time of PUD approval. The permission of a private landowner is required if the community directional sign is to be placed on private property. Community directional signs may be placed on property of the city consistent with the provisions of this section and with the approval of a conditional use permit by the city council.
      1.   Type: Community directional signs and kiosks shall be either monument or ladder signs.
      2.   Height: Ladder style signs that are part of a public directional system or program shall not be more than one hundred twenty six inches (126") tall measured from the elevation of the adjacent curb or sidewalk to the highest point of the sign, and may be placed in the public right of way upon approval of a conditional use permit by the city council.
         a.   Areas With Adopted Design Guidelines: In areas of the city with adopted design guidelines, a community directional sign may not exceed the established sign height for that district. If a community directional sign is placed on or in a landscaped berm or natural slope, the maximum height may be increased by up to two feet (2').
         b.   Central Business District: Community directional signs located in the central business district must not be taller than seventy two inches (72").
      3.   Display: Front entrance signs shall display the development name and subdivision name only. Off premises community directional signs shall display the point of interest, such as the subdivision name, and a directional arrow only. Off premises community directional signs shall display a maximum of seven (7) subdivision location sign panels.
      4.   Materials: Community directional signs shall be of uniform color and design throughout the city, and shall be constructed of a metal material. There shall be no additions, tag signs, streamers, attention getting devices or other appurtenances added to the community directional signs as approved.
      5.   Location: All community directional sign panels shall be located on a city approved community directional sign structure.
         a.   No community directional sign shall be located within two hundred feet (200') of another community directional sign unless there are unique circumstances making such separation impractical. One sided community directional signs that are used to assist the public in high traffic areas are exempt from this separation requirement. Other exemptions may be granted by the city via an administrative variance, upon review by the department of planning and redevelopment in consultation with other city staff.
         b.   Community directional sign locations shall comply with minimum sight zones and distance requirements as outlined in subsections 9-8-2C6, "Driveway Sight Zones", and 9-9-7D, "Corner Lots Sight Zones", of this title.
         c.   All signage proposed in center islands or in the right of way must obtain a permit from the public works director, prior to the sign being displayed.
      6.   Lettering: Lettering on monument signs shall be metal or low maintenance plastic materials. Ladder sign lettering shall be of low maintenance paint or of metal material.
      7.   Illumination: No backlit signs will be allowed. No internal lighting may be used for signs in this section. Signs may be externally lit with concealed lighting only. Exposed bulbs or neon tubes are not allowed.
      8.   Issuance: All signage shall be presented to the city council for approval at the same time of a conditional use permit application for either the new community directional sign or when the planned unit development is presented for approval. Any sign proposal which varies from the above mentioned requirements requires a modification to the approved conditional use permit.
   EE.   Development Entry Signs:
      1.   Main Entry: One development entry sign may be constructed at the main entrance of the PUD or a subdivision or development containing multiple lots and/or multiple (principal) buildings. All development entry signs must be constructed as monument signs.
         a.   The development entry sign may be part of a wall, but neither the sign nor wall may exceed six feet (6') in height. The total sign area of the monument may not exceed forty (40) square feet, or if only the name of the development is represented, letters must not exceed twenty inches (20") in height. The monument entry sign may be placed upon a landscaped berm that does not exceed two feet (2') in height.
         b.   Other architectural features, fountains, sculptures or public art may be included with the entry sign monument; provided that the height of any feature does not exceed twenty five feet (25') above the adjacent curb or sidewalk.
         c.   All applicable corner sight zones must remain clear of obstruction (see subsection 9-9-7D of this title).
         d.   Development entry sign monuments are permitted on both sides of the main entrance to a PUD or subdivision. If a monument is desired on both sides of the entrance, the standards for a secondary entry monument, found in subsection EE2 of this section, shall apply, unless the PUD or subdivision is larger than six hundred forty (640) acres in size.
      2.   Secondary Entry: Additional monument signs may be placed at other, secondary entrances of the PUD or subdivision. These standards shall also apply for entry monuments to apartment or condominium complexes within a PUD.
         a.   The monument sign may be part of a wall, but neither the sign nor wall may exceed six feet (6') in height. The total sign area may not exceed twenty (20) square feet, or if only the name of the development is represented, letters must not exceed twelve inches (12") in height. The monument entry sign may be placed upon a berm that does not exceed two feet (2') in height.
         b.   Other architectural features, fountains, sculptures or public art may be included with the monument; provided that the height of any feature does not exceed fourteen feet (14') above the adjacent curb or sidewalk.
         c.   All applicable corner and driveway sight zones must remain clear of obstruction (see subsection 9-9-7D of this title).
   FF.   Flags:
      1.   The regulations in this section regarding flags apply to all zones in the city.
      2.   The maximum size of any one flag of the United States, state of Nevada, or other flag or insignia of a governmental entity shall be thirty (30) square feet if visible from a public right of way. The maximum size of any other flag shall be twelve (12) square feet if visible from a public right of way.
      3.   Flagpoles may not exceed the maximum height of the nearest building or thirty five feet (35') measured from the natural or final grade, whichever is less.
      4.   No more than three (3) freestanding flagpoles per property may be shown at any time if these flags are visible from a public right of way. Properties with right of way frontage greater than one hundred (100) yards may be allowed an additional three (3) flags per additional one hundred (100) yards of street frontage. No more than one flag may be attached to a pole.
      5.   No more than eight (8) building mounted flags per parcel may be shown at any time if visible from a public right of way.
      6.   Freestanding flagpoles shall not be placed in the setback area in the zone in which they are located.
      7.   All flags which contain the name or logo of an establishment or advertising copy shall be considered signs for purposes of this chapter. The flag of the United States, the state of Nevada, and other flags or insignia of governmental entities are not considered signs for purposes of calculating total sign area, but are subject to the restrictions of this section.
      8.   Flagpoles shall be black, brown, dark green, silver or bronze.
      9.   Flags shall be maintained and must be removed or replaced when torn, tattered or dirty.
      10.   Flags and flagpoles erected prior to the adoption of this chapter are considered legal, nonconforming uses, and are subject to the requirements of section 9-10-12 of this chapter, with these additional requirements:
         a.   When such flags and flagpoles are installed in a residential subdivision, PUD or multi-family residential project, they must be removed when the development or the phase thereof in which the flags are located is occupied. For purposes of this subsection, "occupied" means that ninety percent (90%) of the residences have been sold or are available for lease.
            (1)   Except for flags of the United States or the state of Nevada, or other official or noncommercial flags, flags and flagpoles situated on a parcel contiguous with an occupied dwelling must be removed, unless the flags and flagpoles are on a parcel held in common ownership, in which case they must be removed when they are within fifty feet (50') of an occupied dwelling.
            (2)   Notwithstanding the foregoing, flags erected within public right of way or within any area planned or offered for dedication are not considered legal nonconforming uses, and are subject to removal under the provisions of this chapter.
      11.   Any PUD, residential subdivision or commercial subdivision approved following adoption of this chapter will include standards, locations and regulations for flags in its sign plan and criteria. It may not prohibit display of the flag of the United States or the state of Nevada. The plan will include regulations for maintenance of flags, and removal of flags when residences are occupied, as provided herein. (Ord. 412, 10-28-2008, eff. 11-27-2008)
   GG.   Light Emitting Diode (LED) Signs:
      1.   Location: Except for Community Event Signs installed and operated by the City of Mesquite, the Clark County School District, or other governmental entity, electronic reader billboards must not be permitted if the proposed sign location is within two hundred feet (200') measured in any direction from a residential zoning district. Electronic readerboards permitted as a Community Event Sign within two hundred feet (200') measured in any direction from a residential zoning district, must be programmed so as to shut-down between the hours of 9 PM to 5 AM.
      2.   Conformance To Regulations: A standard sign must not be changed to an LED sign unless it conforms to all applicable regulations, including subsection Q, "Reader Signs", of this section.
      3.   Restrictions: Electronic reader boards are subject to the following restrictions on sign programming:
         a.   Messages advertising on premises business services and products may be displayed. Messages with noncommercial advertising for community activities and events may also be displayed. Off premises commercial messages are not permitted.
         b.   No chasing, blinking, rotating or flashing shall be employed in displaying a message or image, or during the change from one message or image to another.
         c.   Text messages that are longer than the display area and do not contain any nontext graphics must scroll in a consistent and predictable manner.
         d.   Light intensity (brightness) must be limited as follows:
            (1)   Lighting Levels: Lighting levels must not increase by more than 0.3 foot-candle (over ambient light levels) as measured using a foot-candle meter at a preset distance.
            (2)   Measurement Distance: The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one hundred (100).
Example using an eighty (80) square foot sign:
Measurement distance = (80 sq. ft.x100) = 89 feet
            (3)   Brightness Control: Each display must have a light sensing device or photocell that will adjust the brightness as ambient light conditions change.
            (4)   Enforcement: These standards must be enforced as follows:
   (A) At least thirty (30) minutes past sunset, use a foot-candle meter to record the ambient light reading for the area. This is done while the digital display is off or displaying all black copy.
   (B) The reading must be taken with the meter aimed directly at the digital sign at the appropriate preset distance.
   (C) Turn on the digital display to full white copy and take another reading.
   (D) If the difference between the readings is 0.3 foot-candle or less, the brightness is properly adjusted.
Note: These lighting standards will drop the nighttime brightness of the sign to approximately four (4) to fifteen percent (15%) of its capable output. The light output spread is due to the variation in the ambient lighting level of each location. The daytime brightness will operate near maximum output, which is required to overcome full sunlight.
(Ord. 459, 8-14-2012; amd. Ord. 563, 7-9-2019; Ord. B24-001, 2-21-2024)