In addition to ensuring compliance with the numerical standards of these regulations, the Architectural Board of Review shall consider the proposed sign according to the following standards:
(a) Illumination. Signs shall be permitted to be illuminated in compliance with the following:
A. Only direct lighting from an external source shall be used to illuminate the sign.
B. The source of light shall not be visible from the street or adjacent property.
C. No variances to this Section 1179.08(a)(1) shall be sought or granted. (Ord. 3-2006. Passed 2-28-06.)
(2) Internal Illumination:
A. Internal illumination of signs is permitted for parcels in all nonresidential districts and certain parcels in residential districts provided that only reverse pan channel, or halo-lighted letters, characters or graphics are utilized or as provided for in Section 1179.065(b) for electronic messaging display signs.
B. Internally illuminated cabinets are permitted provided such cabinets shall consist of a solid opaque background with “knock-out” areas for copy, graphics and embellishments.
(3) Signs shall not include animated, flashing, or moving text or imaging. Messages maybe intermittent only as provided for in Section 1179.065.
(4) Light shall not be from a colored light source.
(5) All illumination shall be extinguished between the hours of 10 p.m. or at close of business, whichever is later, and 6:00 a.m. Notwithstanding the hours set forth herein, signs in nonresidential districts shall be permitted to be illuminated during the hours of 10 p.m. to 6 a.m., provided that the message is static during those hours.
(6) No temporary sign shall be illuminated or have the potential to be illuminated.
(7) Electronic message display signs shall be permitted to be illuminated as set forth in Section 1179.065(b). (Ord. 23-2014. Passed 5-3-14.)
(b) Construction Standards.
(1) The construction, erection, safety and maintenance of signs shall comply with Part Thirteen - the Building Code.
(2) Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
(3) Permanent signs shall be constructed and erected to withstand wind pressures of at least thirty (30) pounds per square foot of surface, and shall be fastened, suspended or supported so that they will not be a menace to persons or property.
(4) Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
(5) No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform, stairway, ladder, vent or other means of ingress of any building.
(6) No sign shall be attached to a utility pole, tree, trash receptacle, bench or other structure not intended or approved as a sign support.
(7) Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
(8) No sign regulated by any of the provisions of this Chapter shall be erected in the right-of-way, in proximity to railroad crossings, or at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with, any authorized traffic sign signal or device as defined in the Manual of Uniform Traffic Control Devices; or which makes use of the words “STOP,” “LOOK,” “DANGER”, or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic.
(9) No temporary sign shall have moveable lettering or lettering capable of being moved or replaced.
(c) Maintenance. All signs shall be maintained in accordance with the following:
(1) The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements and the requirements of this Chapter.
(2) If the Building Commissioner finds that any sign is unsafe, insecure, a menace to the public; or constructed, erected, or maintained in violation of the provisions of this Code, notice shall be given in writing by the Building Commissioner to the property owner, occupant, or other person responsible for the sign. The property owner, occupant, or other person responsible for the sign shall, within forty-eight (48) hours of such notification, correct such unsafe condition or remove the sign. If the correction has not been made within the forty-eight (48) hours, the sign may be removed or altered by the City to comply with these regulations at the expense of the property owner, occupant, or other person responsible for the sign. The Building Commissioner may cause any sign, which, in the City’s opinion, creates an immediate danger to persons or property to be removed immediately and without prior notice.
(3) Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:
A. There shall be no alteration or remodeling to the sign face, lettering (except as otherwise permitted for changeable copy), sign base, sign support(s) or the mounting of the sign itself.
B. There shall be no enlargement or increase in any of the dimensions of the sign or its structure.
C. The sign shall be accessory to a legally permitted, conditional or nonconforming use.
(4) The Building Commissioner may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition. All supports, guys, braces and anchors for such signs shall be maintained in a safe condition, and it shall be unlawful for the owners or person having charge of such sign not to remove the same after receiving notice from the Building Commissioner.
(5) Any permanent sign which advertises a business no longer conducted on the premises or fails to serve the purposes for which it was intended, or evidences a lack of maintenance, shall be removed by the owner, agent, or person having the beneficial use of the building, structure or land upon which such sign is located, within thirty (30) days after written notice by the Building Commissioner. A party served with such notice shall have the right to appeal the Building Commissioner’s order by filing a notice of appeal with the Zoning Board of Appeals within thirty (30) days of receipt of the notice. Upon failure to file a timely notice of appeal and failure to comply with such notice within the time specified in such order, the Building Commissioner is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the property on which such sign is located.
(6) If a sign, its letters or its message are designed and approved by a City issued permit to be internally illuminated and the sign or any of its letters or message are only partially lit, all illumination of the sign shall be discontinued until the sign is repaired and properly illuminated as it was designed and approved in the permit for the sign.
(Ord. 3-2006. Passed 2-28-06.)