(A) Ground signs. The following standards shall be maintained for all ground signs, excluding incidental, temporary, home occupation, identification and real estate signs.
(1) No part of a ground sign shall be nearer than three feet to any building unless the sign is placed parallel to the side of the building.
(2) No part of a ground sign shall be nearer than 15 feet to any perimeter lot line, nor located within a 30-foot sight triangle on any property abutting two intersecting street rights-of-way. However, ground signs on properties that front County Road 10 may have a five-foot setback from the lot line adjacent to County Road 10, and a ten-foot sight triangle. (Refer to the graphic below.)
(3) The owner, lessee or occupant of the land on which the ground sign is located and the owner of the sign shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris.
(4) All parts of ground signs shall be designed for wind pressure of not less than 30 pounds per square foot, and ground signs of wood construction shall have all members which extend into the ground protected from decay by treatment with a preservative approved by the Building Inspector.
(5) No permit shall be granted for the location of any ground sign having a sign area of more than 40 square feet within 100 feet of any single-family residence.
(6) Notwithstanding the provisions of division (F) below, no more than one pole or pylon sign shall be allowed per lot. However, the ground sign area allowance may be divided between one pole or pylon sign and a monument sign or between multiple monument signs, subject to the requirements herein; provided that, one or more of the following conditions are applicable:
(a) The lot abuts multiple street rights-of-way, in which case a sign may be located along each frontage;
(b) There are multiple curb cuts or driveways accessing the property, in which case a sign may be located near each access point or driveway; provided, the signs are separated by no less than 200 feet;
(c) The width of the lot, as measured along its longest street frontage, exceeds 250 feet, in which case multiple signs may be located along the long frontage; provided, the signs are separated by no less than 200 feet; and
(d) The property or properties are within an approved planned unit development (PUD).
(7) Ground signs must include masonry construction materials on the entire base, such as stone, brick or stucco.
(B) Wall signs. The following standards shall be maintained for all wall signs.
(1) No wall sign shall have a projection over a private sidewalk or an established building line of more than 12 inches.
(2) The wall sign area allowances as indicated in § 161.035(B) of this chapter for B-2, B-3, B-4 and I-1 Zoning Districts are per building occupant.
(3) The wall sign area allowances as indicated in § 161.035(B) of this chapter for the R-3, R-4, PF and CRP Zoning Districts are per building.
(4) In the B-1 Zoning District, the area allowance, as indicated in § 161.035(B) of this chapter, reflects the combined area for all wall, ground and projection signage on that lot.
(C) Projection signs. The following standards shall be maintained for all projection signs.
(1) All portions of projection signs shall be designed for a wind pressure of not less than 30 pounds per square foot.
(2) Such signs shall not project over public street right-of-way but may project over private sidewalks. No such sign shall be less than 12 feet above the level of the sidewalk; except that, the signs which do not exceed four square feet and which do not project more than two feet over the sidewalk may be eight feet or more above the sidewalk. No projection sign shall project more than eight feet over any private sidewalk.
(3) There shall be no more than two feet of space between the inner edge of any such sign and the face of the wall from which it projects, nor shall the outer edge of the sign be more than eight feet from the face of the wall. Projection signs and structural elements shall not exceed ten feet in height above a roof or parapet. The allowable size of projection signs shall be included within the permitted wall sign area.
(4) The building or structure from which any such sign projects and all attachments or fastenings must be so constructed as to safely resist the dead load and the wind load added by the attached sign.
(5) All such signs shall be of non-combustible materials or of not less than one-hour fire-resistive construction.
(6) Such signs shall be securely fixed in place and shall not be able to swing or sway.
(D) Temporary signs. All temporary signs shall comply with the provisions of this chapter. The following general and specific standards shall be observed for all types of temporary and portable signs.
(1) General provisions.
(a) Except as provided herein, no temporary sign shall be located on any property in the city without first obtaining a permit from the city. If the city determines to approve a permit for any such temporary sign it may impose conditions upon the granting thereof, and it shall be unlawful to locate or maintain any such sign for a longer period or in a different manner than that specified in the permit. No permit for a temporary sign shall be issued if prohibited by other provisions of this code.
(b) Temporary signs shall not be hung or installed to cover, either partially or completely, any door, window or opening required for ventilation.
(c) No temporary sign for which a permit is required shall be located on any property in the city for more than 21 days at one time or for more than four 21-day periods in any calendar year. A fifth temporary sign permit is allowed for a banner only. Permit periods may run consecutively without interruption if so approved. Except as provided in division (D)(7) of this chapter, only one temporary sign shall be allowed on a property at a time.
(d) The city prohibits temporary signs with blinking, flashing or fluttering lights or with dynamic displays.
(2) Banners.
(a) Banners shall be strongly constructed and shall be securely attached to their supports. They shall be repaired or removed (including all framework and supports) as soon as damaged or torn and immediately upon expiration of the permit.
(b) Banners shall not exceed 120 square feet or 20% of the surface area of the building face or front upon which the banner is attached, whichever is less.
(3) Changeable copy signs.
(a) Portable and temporary changeable copy signs shall not exceed 48 square feet on each side and the entirety of the sign copy shall be maintained within the 48 square foot area.
(b) No part of such sign shall extend into or encroach onto public right-of-way.
(c) The sign shall not obscure motorist or pedestrian vision and shall not block or otherwise interfere with a public or private sidewalk or trailway.
(d) The sign may be lighted provided the lighting is not a nuisance to motorists or to adjoining properties. Flashing lights, strobe lights or lights which could be confused for that of an emergency vehicle shall be prohibited.
(4) Inflatable signs.
(a) Inflatable signs and devices shall be securely tethered and attached to the ground.
(b) The city prohibits the installation or placement of inflatable signs and devices or balloons on building roofs.
(c) Balloons less than two feet in diameter are excluded from the permit provisions of this section.
(d) No Mylar or metallic balloons shall be permitted to be displayed or flown outside.
(5) Grand openings and other events. Subject to all other requirements of this chapter, a permit may be issued for a grand opening or other special event that would utilize a combination of temporary signs at any one principal location. No more than one special event permit shall be allowed per business in a calendar year.
(E) Window signs. In the interest of public safety, the city requires that commercial or retail businesses operating in the B-1, B-2, B-3 or B-4 Zoning Districts meet the following regulations and requirements governing signs placed upon window interiors.
(1) No business shall obscure more than 50% of any window section or pane.
(2) The window signage shall not obscure or block from view that area of a window or door between four feet and seven feet from the interior floor level, unless the area does not offer any visibility to interior public space.
(3) Window signs as allowed herein shall be exempt from any permit requirements.
(F) Billboards. A new or renewed interim use permit shall not be issued for any new or currently existing billboard within the city.
(1) Interim use permit. Any IUP issued for an interim use billboard shall automatically expire no later than 07-01-2037 or earlier if so indicated in the resolution approving the IUP.
(2) Maximum sign area. The maximum gross surface display area of the sign cannot exceed 700 square feet per side except that any rectangular billboard may contain temporary extensions, cutouts, or top lettering which occupy a total area not in excess of 25% of the area of the basic billboard and form an integral part of the design thereof. No such temporary extension, cut out or top lettering may project more than six feet from the top, 18 inches from either side or 15 inches from the bottom of the basic rectangular advertising message. The area of an extension, cutout or top lettering shall be deemed to be the area of the smallest rectangle into which the extension, cutout or top lettering will fit.
(3) Orientation of sign faces. Billboards may have no more than two sign faces. Sign faces must be back-to-back with sign faces parallel or angled. All billboards with their faces back-to-back and parallel shall have no greater distance than eight feet between the faces. All billboards with faces at an angle shall have no greater angle than 35 degrees.
(4) Maximum sign height. The maximum allowable height of billboards shall be 45 feet, except for billboards located on County Road 10 or on Interstate 35W between County Road H2 and County Road I, in which cases the height shall be limited to 35 feet. The height shall be measured from the grade at the base of the sign or from the surface of the roadway whichever is higher.
(5) Obstruction. No billboard may be located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device, or obstruct or interfere with a driver’s view of approaching, merging or intersecting traffic.
(6) Dynamic displays. All billboards with dynamic displays shall meet all the requirements of § 161.038 of this chapter.
(G) Home occupation signs. In the R-1, R-2 and R-5 Residential Zoning Districts, a sign not to exceed one square foot is allowed to be displayed; provided, the sign is attached to the house or garage of the property on which the home occupation takes place.
(H) Dynamic display signs.
(1) The city allows non-commercial dynamic display signs wherever the city allows commercial dynamic display signs. The signs are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter.
(2) Standards for all dynamic display signs.
(a) The messages, content and images on all such displays shall not flash or blink.
(b) No person or contractor shall install a dynamic display sign that because of its position, shape, movement or color, interferes with the proper functioning of a traffic sign, signal or that constitutes a traffic hazard.
(c) All dynamic display signs shall have ambient light monitors and shall, at all times, allow the monitors to automatically adjust the brightness level of the sign based on light conditions.
(d) The manufacturers, owners and operators of dynamic display signs must design and equip such signs with a fully functional monitoring off switch system that automatically shuts the sign off or will freeze the device or sign in one position; if a malfunction occurs. The signs and displays also must be equipped with a means to shut off or discontinue the display if it malfunctions. The sign owner or operator must stop or shut off the dynamic display within one hour or as soon as reasonably possible of the city notification that the sign is not meeting the standards of this chapter.
(e) Any dynamic display sign capable of accessing and utilizing State Amber Alert technology shall display such messages as they are made available by the state’s Department of Public Safety or other responsible agency.
(f) All dynamic display signs shall meet the following brightness standards.
1. No sign shall be brighter than is necessary for clear and adequate visibility and no sign shall exceed 500 Nits (candelas per square meter) at night and 7,500 Nits (candelas per square meter) during the day.
2. No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight, nor shall such a sign interfere with the driver’s operation of a motor vehicle in any way or manner.
3. No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal.
4. The person owning or controlling a sign with a dynamic display shall adjust the sign to meet the brightness standards according to the city’s instructions. The sign owner or operator shall adjust the sign within one hour or as soon as reasonably possible upon notice of non-compliance from the city.
5. All dynamic display signs installed after 12-31-2008 shall be equipped and operated with an ambient light monitor or a mechanism that automatically adjusts the brightness level of the sign in response to light conditions. These signs also shall be equipped with a means to turn off immediately the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour or as soon as reasonably possible after the city notifies the owner or operator that the sign is not meeting the standards of this chapter.
6. Subsequent to 11-01-2011, no dynamic display sign shall have the capacity to operate in excess of 7,500 Nits (candelas per square meter). The lamp wattage and luminance level in Nits (candelas per square meter) shall be provided at the time of permit application. Dynamic display sign permit applications must also include a certification from the owner or operator of the sign stating that the sign shall at all times be operated in accordance with city codes.
7. In addition to the brightness standards required above, dynamic display signs shall meet the city’s lighting requirements as listed in § 160.031 of this code of ordinances.
(3) In addition to all other standards of this chapter, the city allows on-site dynamic display signs subject to the following additional conditions.
(a)
Such signs may be located only in the Limited Business (B-2), Highway Business (B-3), Regional Business (B-4), Commercial Planned Unit Developments (PUDs), or (I-1) Industrial zoning districts.
(b) Notwithstanding division (H)(3)(a) above, the signs may be located on the sites of schools, churches, places of worship or other institutional land uses, subject to the following additional conditions:
2. The signs shall not cause glare, disturbance or other problems to any residential properties or land uses.
(c)
The owner or operator of a dynamic display sign shall control and display the primary or background images and messages on the sign so they maintain each display for a minimum of eight seconds.
(d) Dynamic display signage shall not exceed 50 square feet of the sign area.
(e) The signs may only display and advertise information about products, events, persons, institutions, activities, businesses, services or subjects that are located on the premises or on the site or only to provide public service or community service information.
(f) Such signs must meet all other city location and setback requirements.
(4) The city allows off-site dynamic display signs subject to division (F) above, the above-mentioned standards for all dynamic display signs, and the following operational standards and additional conditions.
(a) The images and messages displayed on the billboard must be static and each display must be maintained for a minimum of eight seconds. The transition from one static display to another must be instantaneous and without any special effects or videos.
(b) Only billboard faces located adjacent to Interstate 35W and more than 1,000 feet from any residentially zoned property in the city may be retrofit to a dynamic display, and only subsequent to a building permit issued by the city. One hundred percent of the sign face may be used for dynamic display.
(c) If city staff determines that a dynamic display sign is not being operated pursuant to this chapter due to its location or display capabilities, city staff can require the sign owner or operator to modify the sign after the city notifies the property owner or operator about the operational issues.
(I) Statue. Statues shall be constructed of non-pliable all-weather material (e.g. not an inflatable sign), permanently anchored to the ground or a building, or comparable structure. Statues shall not exceed 100 square feet in area (example: ten foot height, ten foot width, ten foot depth), 16 feet in height if at ground level, or ten feet in height above the roof or parapet if attached to a building. Location of statues shall comply with the same setbacks required for ground signs.
(Prior Code, § 1008.10) (Ord. 644, passed 12-13-1999; Ord. 656, passed 03-27-2000; Ord. 679, passed 05-29-2001; Ord. 708, passed 12-30-2002; Ord. 769, passed 05-08-2006; Ord. 801, passed 01-07-2008; Ord. 816, passed 01-22-2009; Ord. 829, passed 09-03-2009; Ord. 884, passed 12-09-2013; Ord. 864, passed 11-03-2011; Ord. 872, passed 06-07-2012; Ord. 887, passed 06-09-2014; Ord. 919, passed 06-27-2016; Ord. 957, passed 05-28-2019; Ord. 988, passed 03-28-2022; Ord. 999, passed 7-10-2023)