(A) Definitions. Words and phrases used in this section shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined in § 156.004, shall have the meanings set forth in § 156.004. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED SIGN. A sign which no longer advertises a bona fide business, product, candidate, or activity, or any sign that contains or exhibits broken panels, visible rust, visible rock, damaged support structure, or missing letters or which is otherwise dilapidated, unsightly, or unkept, and for which no person accepts maintenance responsibility.
ADVERTISING. Any written words, symbols, logo, displays, pictures, or other tools intended to communicate a message, idea, thought, or to attract the attention of or to direct the attention of the public to any goods, product, merchandise, business, and/or service.
ADVERTISING DEVICE. Any billboard, sign, notice, poster, display or other device intended to attract the attention of operators of motor vehicles or pedestrians on the streets, roadways, and highways to advertising, and shall include a structure erected or used in connection with the display of any advertising device and all lighting or other attachments used in connection therewith. However, it does not include directional or other official signs or signals erected by the state, county, city, or other public agency having jurisdiction.
BANNER SIGN. A temporary sign composed of cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame.
BOARD. The Board of Commissioners.
CANDELA. The International System Unit of luminous intensity; that is, power emitted by a light source in a particular direction, weighted by the luminosity function (a standardized model of the sensitivity of the human eye to different wavelengths). A standardized candle emits light with a luminous intensity of one (1) candela. If emission in any direction is
blocked by an opaque barrier, the emission would still be approximately one (1) candela in the directions that are not obscured.
CONSTRUCTION SIGN. A temporary sign identifying a building or construction site and the architects, engineers, financial institutions, contractors, and suppliers involved.
ELECTRONIC MESSAGE BOARDS. A sign display or device that changes message copy on the sign by means of light emitting diodes (LED), fiber optic light bulbs, liquid crystal display, or other illumination devices within the display area.
FLAG. A piece of cloth or other flexible material varying in size, shape, color, and design, usually attached at one edge to a staff or cord, and used as the symbol of a state or organization.
GRAFFITI. The defacing, damaging, or destroying by spraying of paint or marking of ink, chalk, dye, or other similar substances on public and/or private buildings, structures, and places.
INSTITUTIONAL USES. A nonprofit, religious, or public use such as a religious building, library, public or private school, hospital or government-owned or operated building, structure, or land used for public purpose.
LED. Light-emitting diode; a semiconductor that gives out light when an electric current is applied to it.
OBSCENE. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as:
(a) Acts of sexual intercourse, heterosexual or homosexual, normal or perverted, actual or simulated;
(b) Acts of masturbation;
(c) Acts involving excretory functions or lewd exhibition of the genitals;
(d) Acts of bestiality or the fondling of sex organs of animals; or
(e) Sexual acts of flagellation, torture, or other violence indicating a sadomasochistic sexual relationship.
OFF-PREMISE SIGN. Advertising device which is displaying any advertising other than advertising the primary nature of the business or industry currently being conducted on the property on which the sign is located.
PERSON. Any individual, corporation, association, firm, or partnership.
PUBLIC PROPERTY. Any land owned by the city and public right-of-way, road, alley, sidewalk, parking lot, or any other area which has been dedicated to public use or ownership or which has otherwise become public by ownership or use. For these purposes, PUBLIC PROPERTY shall include utility poles and structures, trash and garbage receptacles, or other appurtenances on public real property.
PUBLIC RIGHTS-OF-WAY. Any part of a right-of-way that is not privately owned or controlled and that is the responsibility of the city or other similar public agency to maintain.
UNLAWFUL SIGN. A sign which contravenes this subchapter or any other federal, state, or city laws, regulations, or ordinances.
(B) Permit required; exception.
(1) Except as otherwise provided in this subchapter it shall be unlawful for any person to erect, construct, enlarge, move, or convert any sign within the corporate boundaries of the city, on private or public property, or cause the same to be done, without first obtaining a sign permit for each sign from the Codes and Zoning Enforcement Officer.
(2) This subchapter shall not be construed to require any permit for a change of copy on any sign, nor for their repainting, cleaning, and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign structure is not modified in any way.
(C) Prohibited signs. The following types of signs are prohibited in the city:
(1) Abandoned signs;
(2) Audible signs;
(3) Balloons and streamers. Fringe, twirling, curb-type signs, portable display signs, balloons, streamers, or air or gas-filled figures, and other similar temporary signs except as stated herein;
(4) Beacons; search lights; lasers. Promotional beacons, search lights or laser lights or images;
(5) Graffiti, as defined herein;
(6) Illegal activity signs. Signs which advertise an activity which is illegal under federal, state, or local laws;
(7) Imitation traffic signs. Signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs;
(8) Obscene signs. Signs which depict obscene material;
(9) Portable signs. Portable signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right-of-way, except that signs posted in the window of a vehicle, totaling one (1) square foot shall be permitted but not when parked within a non-residential use property with the intent to sell said vehicle;
(10) Rotating signs;
(11) Signs attached/painted to natural objects. Signs attached to trees; signs painted on or otherwise attached to rocks or any natural objects;
(12) Signs in right-of-way. Signs in a public right-of-way, other than those belonging to a government, public service agency, or railroad.
(13) Signs not maintained. Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters;
(14) Signs on tree, utility pole, or water tower. Signs mounted on a utility pole, water tower or other similar structure, traffic signal or traffic control box and cell towers;
(15) Trailer signs. Changeable copy signs designed to be transported periodically from place to place or designed to be supported on wheels, whether or not such wheels have been removed, are prohibited;
(16) Unidentified signs. Any sign not specifically identified in this subchapter as a permitted sign; and
(17) Vehicle signs or advertising devices attached to any vehicle or trailer parked so as to be visible from a public right-of-way for the purpose of providing advertisements of products, services, or events, or directing people to a business or activity, except for a common carrier or other vehicle which is used for daily transportation with a valid license plate. Any allowable vehicle or common carrier having a sign attached thereto as a part of the operational structure of the vehicle is to be parked in a legal parking space belonging to the business or on the property to which the sign makes reference and said vehicle shall be parked a minimum of twenty-five (25) feet from a street right-of-way during non-business hours. No signs on trailers or other non-motorized vehicles will be allowed under this provision.
(D) Signs allowed in all districts without a permit. Except as otherwise prohibited herein the following signs shall be allowed in all districts and shall not require a permit:
(1) (a) Temporary signs (not to exceed thirty-two (32) square feet) or banners.
1. Advertising sale, lease, or rental of the premises. Rental and lease signs shall not be left up permanently if there are no units for rent or lease on the premises in which the sign is attached are located upon.
2. Signs placed upon a site under construction or alteration erected not more than five (5) days prior to the beginning of construction for which a valid building permit has been issued. Such signs shall not exceed six (6) square feet in sign area for residential use properties or thirty-two (32) square feet in sign area for non-residential use properties and shall not exceed ten (10) feet in height. All signs shall be removed from the site within three (3) days after final completion or abandonment of the property.
3. Announcing civic, philanthropic, educational, cultural, or religious events.
a. Signs or banners may be located or displayed only on property where the event is to be held, except as otherwise provided in division b. below.
b. With a city permit, signs or banners may be placed on a public easement located only at the overpass at Cedar Creek or at both ends of Baird Ave. Signs may go up no earlier than seven (7) days prior to the event and must be down twenty-four (24) hours after.
c. No signage is permitted on city property, rights-of- way or easements other than the areas listed in division b. above.
d. Events in which the city or its agencies or corporations are a sponsor or participant may be exempt by the city to place temporary signs or banners on city property, rights-of-way, easements, or public easements.
4. Political signs. Signs whereby the public is to be informed regarding a specific political event or candidate(s) or issue(s).
a. Political signs shall be located a minimum of one (1) foot from any publicly maintained right-of-way or easement, shall not be located in any medians, and must have proper authorization of the property owner(s).
b. Political signs shall be limited to a copy area not to exceed thirty-two (32) square feet and a height of ten (10) feet; however, this shall not be deemed to disallow the use of commercial billboard signs.
c. Any political sign shall be removed within three (3) days after the primary election that it is advertising for. However, the sign may remain for the general or run-off election for the candidate, but shall be removed within three (3) days after the general or run-off election.
d. Political signs left up after the removal period, as defined above, constitute a public nuisance and may be removed by the city and disposed of without notice.
5. Sign announcing future businesses or developments shall be allowed for a period of time of up to 180 days.
(b) Except as otherwise provided herein, all temporary signs and banners must be removed not more than twenty-four (24) hours after the completion of the purpose advertised.
(2) Professional nameplates (not to exceed four (4) square feet in area).
(3) Identification of the occupant and building/house 911 identification numbers (not to exceed two (2) square feet in area).
(4) Directional or instructional signs. Signs which provide direction or instruction and are located entirely on the property to which they pertain, and do not in any way advertise a business, and which identify restrooms, public telephones, walkways, or signs providing directions such as parking lot entrances, exit signs, and those of similar nature shall be exempt.
(5) Memorials. Memorial signs or tablets, including, but not limited to, building cornerstones and other similar signs which indicate the names of buildings, dates of erection, or other historical data.
(6) Official governmental signs. Signs of a governmental body, governmental agency or public authority, including, but not limited to, traffic signs, signals or similar regulatory devices or warnings, official flags, emblems, official public notices, official instruments, signs of historical interest, or other similar signs or devices.
(7) No trespassing or no dumping signs. No trespassing or no dumping signs shall be exempt.
(8) Warning signs. Signs warning the public of the existence of danger, but containing no advertising material, of a size as may be necessary, shall be exempt, to be removed upon subsidence of danger.
(9) Recreational venues. Signs which are within a ballpark or other similar recreational use facility including scoreboards within a ballpark or other similar recreational use facility utilized only for game or practice purposes.
(10) Yard and garage sale signs. Signs on private property advertising yard or garage sales, providing such signs are not displayed for more than twenty-four (24) hours prior to the event and removed immediately after the posted sale date. Such signs shall not exceed three (3) feet in height above the grade and shall not exceed two (2) signs per lot.
(11) Open sign. Neon, LED, or other non-incandescent lighted sign reading "OPEN" attached to or directly applied onto the window of a business not exceeding three (3) square feet in area. One such sign per business shall be exempt from permitting.
(E) Residential districts by permit. No sign or outdoor advertising shall be erected or placed in a residential zone, unless provided for by conditional use permit for home occupation, or for permanent identification for multi-family dwellings or permanent identification of a subdivision. There shall be one permitted sign for each aforementioned use not exceeding twelve (12) feet in area. Such signs can be illuminated, but non-flashing. A free-standing sign shall not exceed a height of six (6) feet above the ground. Each conditional use for a sign shall be determined on a case-by-case basis depending on the compatibility to surrounding neighborhoods. Off-premise signs are not allowed in residential districts.
(F) Commercial and industrial districts by permit.
(1) Outdoor advertising shall be classified as a business use and shall be permitted only in the following zoning districts, subject to the regulations, exceptions, and restrictions contained hereinafter.
(a) All commercial districts;
(b) Central business district; and
(c) All manufacturing (I) districts.
(2) Off-premise signs shall only be allowed within 300 feet of the of the National System of Interstate and Defense Highways located within the city, which are now US Highway 23 and US Highway 119, and shall be subject to the following regulations:
(a) Shall be located no closer than 1,500 feet from other off-premise signs;
(b) Shall be allowed a maximum sign area of 300 square feet;
(c) Shall not exceed a height of 30 feet high shall be measured from the nearest road grade elevation;
(d) Shall be set back at least 50 feet from the right-of-way of a public street or highway and 25 feet from all property lines and buildings on the site; and
(e) Shall not be attached to or painted directly on any building or any other natural or man-made structure or object other than the supporting structure specifically built for said sign.
(3) The signs allowed in divisions (F)(1) above, with the exception of off- premise signs in (F)(2), shall conform to the following regulations and requirements:
(a) Signs advertising the primary nature of the business or industry conducted on the property on which they are located and which may be placed not closer than twenty (20) feet to the street right-of-way line, but shall in no case be permitted to obstruct the view of traffic nor exceed an area ten (10) square feet. The height of all such signs shall not exceed twenty-five (25) feet.
(b) In the central business district where buildings may be built up to the street and/or sidewalk right-of-way line, a sign allowed in division (F)(1)(b) above may be placed upon the face of the structure facing the right-of-way line which does not exceed ten (10) square feet. In the central business district where buildings may be built up to the sidewalk right-of-way line, overhanging and projecting signs shall be permitted provided they comply with the other provisions of this chapter, with the regulations contained in the state building code as now or hereafter amended, shall project not more than twenty-four (24) inches over any sidewalk or right-of-way line, shall not exceed four (4) square feet in area, and the bottom of such sign shall not be less than twelve (12) feet above the finish grade of the sidewalk.
(c) Advertising devices in all commercial districts, central business districts and all manufacturing (I) districts outside of the area described in division (F)(1) above shall not be erected, placed, painted, repainted, or hung near to the street right-of-way line upon which the display faces the building (set back) line provided in the district where the use is permitted but in no case be permitted to obstruct the view of traffic nor exceed an area of twelve (12) square feet. The height of all advertising devices permitted under this division shall not exceed seventy-five (75) feet in total height. The Codes Enforcement Officer shall be permitted to allow a variance to this height limitation if the location of an advertising device (at the maximum seventy-five (75) feet height) advertising the primary nature of the business conducted on the property on which it is located or within two thousand (2,000) feet of the business advertised (if the advertising device is not located on the property where the business advertised on the sign is located), cannot be seen by motorists in both directions of the highway or street in which the property fronts at a distance up to three hundred (300) feet from an entrance to the property but only to the extent necessary to be viewed by motorists at a distance of three hundred (300) feet and in no case exceeding one hundred fifty (150) feet in height.
(d) The area of all permanent advertising signs for any single enterprise shall not exceed three hundred (300) square feet.
(e) Advertising devices will not be illuminated by other than white lights. An advertising device which uses lighting in any way shall be effectively shielded as to prevent beams or rays of light from being directed at any portion of the main traveled way of a street or road unless it is of a low intensity or a low brilliance so as not to cause glow or not to impede the vision of the driver of any motor vehicle, or otherwise interfere with the driver's operation of a motor vehicle, or resemble traffic or directional signals, warnings or other similar signals which are normally associated with highway safety. Additionally, it shall be effectively shielded as to prevent beams or rays of light of such intensity of illumination as to unduly disturb the use of residential property. All advertising devices will fully comply with all state and federal requirements and limitations.
(f) For manufacturing districts (I) only: one (1) free-standing identification sign displaying only the name and address of the industry may be erected for each separate street frontage, not to exceed one hundred (100) square feet in size and shall have a maximum height of twenty-five (25) feet.
(g) Planned unit developments and river fill districts advertising devices will be determined by the Board of Zoning Adjustment as a normal portion of the review process prior to issuing approval of a final plat, subject, however, to limitation that such signs within the boundary described in division (F)(8) above shall fully conform with the restrictions contained in division (F)(3).
(4) Electronic message board/LED.
(a) Electronic message board signs may be permitted for governmental, hospitals, universities and institutional uses, by special exception permit in any zoning district subject to the procedural and substantive requirements of this chapter for a special exception.
(b) Electronic message board signs may be permitted for the purpose of advertising the primary nature of the business or industry currently being conducted on the property on which the sign is located by special exception permit in any zoning district subject to the procedural and substantive requirements of this chapter for a special exception. These signs shall comply with the following restrictions:
1. An electronic message board may consist only of alpha or numeric characters on a plain background and may not include any graphic, pictorial, or photographic images except for business logos that have copyright protection and other images directly associated with the nature of the business. No more than six (6) displays per minute shall be allowed, and each display shall not change more frequently than once every ten (10) seconds.
2. The electronic message board must meet and/or adhere to the standards as described in the following items in § 156.148(F)(4)(c): 1, 3, 5, 6, 8, 10, 11, and 12.
(c) Electronic message board/LED signs may additionally be approved for mixed use developments and approved by the Board of Zoning Adjustments. Existing mixed use developments, with a variety of complementary and integrated uses, such as, but not limited to office, manufacturing, retail, public and recreation, within these zoning districts may submit a request for special exception permit approval if electronic message board signage is desired. Signs identifying mixed use developments with multiple tenants in the aforementioned zoning districts shall be limited to one (1) free-standing directory sign per development, which may utilize electronic message displays approved by either special exception permit by the Board of Zoning Adjustments, either single or double faced. Electronic message boards must comply with the requirements related to off-premise signs
(d) The Board of Zoning Adjustments shall consider the following in its determination of electronic message board signs:
1. An electronic message board must not have any appearance of motion, flashing, blinking, jeweled lighting effects, animation, or shimmering.
2. An electronic message board may consist only of alpha or numeric characters on a plain background and may not include any graphic, pictorial, or photographic images except for business logos that have copyright protection and no more than six (6) displays per minute shall be allowed, and each display shall not change more frequently than once every ten (10) seconds.
3. When the display of an electronic message board changes, it must change as rapidly as is technologically practicable with no phasing, rolling, fading, scrolling, flashing, blending, or other transition.
4. The primary message display area may have a maximum of three (3) lines of characters with a maximum of forty-five (45) characters per line including all letters, numbers, and spaces.
5. Electronic message display boards must be incorporated into a monument style sign architecturally designed to be compatible and complimentary to the building or project it serves and the area occupied by the message on an electronic message board may comprise no more than 50% of the surface area of the permitted signage, but in no instance shall the display surface area exceed thirty two (32) square feet.
6. Only one (1) electronic message board with at most two (2) sides is permitted on lots with one hundred (100) feet or more of state or city maintained road frontage.
7. Shall be a minimum of 5,000 feet from all other electronic billboards and 1,500 feet from non-electronic billboards.
8. Such signs shall be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level of five hundred (500) candelas.
9. Should the electronic message boards be visible from any residential zoned property, the sign must be turned off between 10:00 p.m. and 6:00 a.m. daily.
10. Electronic message boards must be maintained in full working condition and not allowed to be partially or fully inoperative.
11. Video displays or audio speakers on or electronically connected to such signs shall not be permitted.
12. All electrical connections to electronic message board signs must be underground.
(G) The Board may impose any reasonable condition or restriction on any variance it decides to grant.
(Ord. passed 1-27-87; Am. Ord. 0-98-011, passed 5-28-98; Am. Ord. 04-0- , passed 11-22-04; Am. Ord. 0-2011-029, passed 9-12-11; Am. Ord. O-2019-20, passed 7-22-19; Ord. 0-2022-03, passed 4-11-22)