(A) Total Square Footage. Unless specifically exempted within express language of the Sign Regulations, the square footage of any sign placed or erected upon a property shall be included in the total square footage of signage allowed upon a property. Any sign requiring a Sign Permit which is not specifically permitted by the Sign Regulations is prohibited, unless granted by a Conditional Use as provided within §§ 161.270 through 161.275.
(B) Sign placement and Setback.
(1) No sign not forming part of or attached to a structure, except a directional sign, shall be placed closer than one-half of the minimum yard requirement required for structures within the applicable Zoning District, except that within the B-2 Zoning District the minimum setback from a right-of-way or adjoining property shall be ten (10) feet and within the B-3 Zoning District, the minimum setback from the right-of-way or adjoining property shall be ten (10) feet. Notwithstanding the foregoing setback requirements, the City Manager may grant a variance in a setback requirement if the required setback requirement cannot be met under circumstances where a building or other permanent structure, lawfully placed and meeting setback requirements at time of construction, no longer has available space to comply with setback requirements because of the creation, extension, or widening of public right-of-way or similarly occurring condition after the date of placement of the building or structure; in that event, upon a written request, the City Manager may grant by issuance of a written Permit (which Permit shall be filed with the City Clerk), a reduction in setback up to two-thirds (2/3) of the distance between the building or structure and the then existing right-of-way; no other variances shall be granted. In no event shall any sign obstruct the clear view of vehicular traffic of any street or access or the clear view of any sign regulating vehicular or pedestrian traffic.
(2) All signs and sign structures must be erected and attached totally on or within the site or property to which they refer, and no sign shall be placed upon any property without the written consent of the owner(s) of the property.
(3) No sign, including any part of the support and foundation, shall be placed within the right-of-way of any street, alley, or public way, nor upon any public property without the written approval of the City Council, except as specifically permitted within paragraph (C) below.
(4) In addition to the other requirements stated within the Sign Regulations, placement of a sign shall be subject to review and approval or disapproval by the City Manager or designee of the City Manager based upon compliance with the following clearance requirement:
(a) Vision clearance areas: Vision clearance areas are triangular- shaped areas located at the intersection of any combination of rights-of-way, alleys or driveways. The sides of the triangle extend thirty (30) feet from the intersection of the right-of-way, alley or driveway in either/each direction. No sign shall be installed within this clear sight triangle, notwithstanding any other provision of the Sign Regulations.
(b) Vehicle area clearances: In areas outside of rights-of-way, when a sign or awning extends over an area in which vehicles travel or are parked, the bottom of the structure must be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.
(c) Pedestrian area clearances. When a sign or awning extends more than twelve (12) inches over a sidewalk, walkway, or other space used by pedestrians, the bottom of the structure must be at least eight (8) feet above the ground.
(d) Clearances from fire escapes means of egress or standpipes. Signs, sign structures and awnings are prohibited from being erected in any manner that interferes in any way with the free use of any fire escape, means of egress or standpipe. Attaching signs, sign structures or awnings to a fire escape is prohibited.
(e) Obstruction of windows and ventilation. Signs, sign structures and awnings are prohibited from being installed in any way that obstructs any building openings to such an extent that light, ventilation or exhaust are reduced to a level below that required by either the Building Code, Plumbing Regulations, Heating and Ventilating Regulations or Housing and Maintenance Regulations or other applicable State or local Code.
(C) Signs extending into the right-of-way. The following signs are permitted to extend into the right-of-way:
(1) Projecting signs over a public sidewalk are permitted only within the B-1 Zoning District.
(2) Awnings and marquees projecting over a public sidewalk are permitted only within the B-1 Zoning District.
(3) One (1) A-frame sign is permitted for each site only within the B-1 Zoning District (to be counted within the sign area of permitted freestanding signs) if it meets the following standards:
(a) The sign is entirely outside the surface street or roadway used or available for use for vehicular traffic;
(b) The sign is no larger than ten (10) square feet;
(c) The sign does not obstruct a continuous through pedestrian wheel chair access zone of at least six (6) feet in width.
(d) The sign does not obstruct pedestrian or wheelchair access from the sidewalk to any of the following:
1. transit stop areas;
2. designated disabled parking spaces;
3. disabled access ramps; or
4. building exits including fire escapes.
(e) A sign described herein which fails to comply with the provisions of this subsection (C) shall be removed or modified by the owner. In addition, the City, in its sole determination, may require signs extending into the right-of-way to be modified or removed if streets are widened, or other improvements are made in the right-of-way which result in the creation of unsafe or non-compliant conditions or because of other public need. The modification, removal, or moving shall be at the owner’s expense. The owner shall modify or remove or move the sign within 30 days from receipt of written notice from City if the sign was permitted and lawful at the time of its placement or upon written 5 day notice if the sign was not permitted or not lawful at the time of its placement or immediately if a threat to public safety. If the owner fails to do so then the City may remove the sign with no compensation or liability to owner and owner shall pay all costs, including reasonable attorney fees, incurred by City.
(D) Freestanding Signs. Freestanding signs shall not extend into the right-of-way.
(E) Fascia or Wall Signs.
(1) Vertical extensions: Fascia or wall signs may not extend above the top of the building wall upon which they are mounted.
(2) Horizontal extensions: Fascia or wall signs may not extend more than eighteen (18) inches out from the wall or structure to which they are attached; provided said signs shall not extend more than four (4) inches on single family and two family residential sites.
(F) Pitched Roof Signs.
(1) Vertical extensions: A pitched roof sign may not extend above the roofline.
(2) Placement and angle. Pitched roof signs must be parallel to the building face. They may not extend beyond the building wall. See illustrations in § 161.244.
(3) Support structures: Support structures must be designed so that there is no visible support structure above the sign.
(G) Projecting Signs; Placement: Projecting signs are not allowed on rooftops or on pitched roofs. Projecting signs are allowed only within Business Zoning Districts. No projecting sign shall extend over a right-of-way unless it is located in the B-1 Zoning District (see (C) above).
(H) Directional Signs.
(1) General standards: Directional signs that meet the standards of this subsection are allowed in all Zoning Districts except R-1, R-2, R-3, R-M2, or R-MH, and are not counted in the total square footage of permanent signage allowed on any property or site. Directional signs shall be free standing or fascia (wall). Freestanding directional signs may be up to six (6) square feet in area and eight (8) feet in height; Fascia directional signs may be up to sixteen (16) square feet in area.
(2) Directional signs within the R-1, R-2, R-3, R-M2, and R-MH Zoning Districts are permitted only as provided within § 161.249 above.
(3) Directional signs in any Zoning District may have internal or external illumination.
(I) Banners.
(1) Banners used as permanent signs or erected using a sign structure not meeting the definition of temporary sign are allowed in Non-Residential Zoning Districts and will be included in the total square footage allowed on the site. Temporary banners are regulated under (J) below.
(2) Permanent banners are subject to the standards for either fascia signs or projecting signs depending on how the banner is supported or anchored.
(J) Temporary Signs.
(1) In all Residential Zoning Districts upon sites used for single family or two family dwellings or on the individual dwelling units within a multi-family complex or manufactured home park, temporary signs are permitted as provided within § 161.249 above. Temporary signs are counted in the total square footage of signage allowed on any particular site. Temporary signs shall not have external or internal illumination.
(2) On properties within a Residential Zoning District having a Permitted Non-Residential Use or Multi-Family Use (except the individual dwelling units as described within (J)(1) above) and on properties within a Non-Residential Zoning District, signs that meet the regulations and definitions herein for Temporary Signs are not counted in the total square footage of permitted permanent signage allowed on any particular site. Signs that do not meet the regulations herein for Temporary Signs are regulated as a permanent sign. Temporary signs for a site shall be collectively limited to a total sign area of fifty (50) square feet and no sign shall exceed six (6) feet in height (if applicable), whether said sign or signs shall be a banner, wall, fascia, freestanding or combination thereof. Temporary signs may have external or internal illumination.
(3) Temporary sign has reference to sign type, not to the sign copy; a temporary sign may be a commercial sign, a real estate sign, political sign, special event sign, or any other copy (except as restricted by the Zoning District). No temporary sign, except political signs upon residential property (which are subject to State law pre-emption), shall be displayed longer than thirty (30) days. A temporary sign must comply with any regulation that applies to all signs generally (e.g. setback, vision clearance, etc.). A temporary sign that does not meet the regulations of this subsection (J) is prohibited; such sign must meet the Sign Regulations and is subject to the restrictions for permanent signs.
(Prior Code, Art. 21, § 21-126.12)