This sign standards section applies to the following zoning districts: PR; AG; IA; R1; R2; R3; UR; M1; M2; MP; UV; IS; NC; LC; GC; OC; CB; HC; EP; IC; I1; I2; and HI. The intent of the sign standards is to accomplish the goals of the city’s Comprehensive Plan; to regulate time, place and manner characteristics of signs; to avoid the unnecessary proliferation of signs; to provide businesses with appropriate identification; to create a consistent streetscape; to maintain and enhance the aesthetic environment of the city; to eliminate potential hazards to motorists and pedestrians resulting from sign location and clutter; and to promote the health, safety and welfare of the residents of zoning jurisdiction of the city. The following standards apply.
(A) Freedom of speech. Any permanent sign or standard temporary sign permitted by the sign standards may be used for freedom of speech purposes for any length of time.
(B) Permits.
(1) Improvement location permit. An improvement location permit shall be required for all signs located, erected, constructed, reconstructed, moved or structurally altered unless otherwise specified in this section.
(2) State permit. All signs proposed to be located along a state-owned interstate or highway shall obtain the proper state sign permit or written authorization from the State Department of Transportation prior to seeking an improvement location permit.
(3) Easement holder approval. All signs proposed to be located within an easement shall obtain written approval from the easement holder for the proposed sign prior to seeking an improvement location permit. For example, a sign proposed within a legal drain (i.e., regulated drain) easement shall obtain written approval from the County Drainage Board before applying for an improvement location permit.
(C) Cross-reference.
(1) Home businesses. Signs associated with a home business shall be exempt from the sign standards section, but shall comply with the standards in home business standards.
(2) Lighting standards. When illumination of signs is permitted by this sign standards section, all illumination and lighting associated with signs shall meet the glare, light trespass and other standards in § 165.275 (Lighting Standards).
(D) Devices, insignias and text not considered signs. The following devices, insignias and uses of text are not considered signs and therefore are not regulated by the sign standards:
(1) Political flags. The flag of any nation, state, city or other political unit is exempt;
(2) Outdoor scoreboard. An outdoor scoreboard used in conjunction with a legally- established sport field is exempt. However, when the scoreboard is visible from a public street and contains a commercial message, it shall comply with the sign standards for the applicable zoning district;
(3) Addresses. Posting of a street address on a mailbox, building or other prominent location to provide adequate property identification;
(4) Public safety message. Posting of a public safety or private property message. Examples include “Beware of Dog”, “Private Property”, “No Trespassing”, “Gas Line”, “Weight Limit”, “Video Surveillance” and “No Turnaround”;
(5) Operational limitations or information. Posting of operational limitations and information. Examples include hours of operation, admittance requirements (e.g., “Minimum Age is 18 to Enter”), “Employees Only”, “Men’s Restroom”, “Women’s Restroom”, “Visitor Parking” and “No Deliveries”;
(6) Required postings. Messages required by a state agency, state law, federal agency or federal law;
(7) Religious symbols. Religious symbols incorporated into the architecture on places of worship or other structures occupied by religious organizations;
(8) Holiday decorations. Holiday decorations, provided they convey no commercial message;
(9) Artistic expression. Artistic expression on the wall of a building, provided they convey no commercial message. Artistic expressions with a commercial message shall be regulated as a wall sign;
(10) Political campaign signs. Political campaign signs are a type of freedom of speech and are not a regulatable device;
(11) Signs in right-of-way. A sign permitted by the controlling agency of a right-of-way; and
(12) Entryway features. An entryway feature regulated by and approved as a design feature of a subdivision.
(E) Exempt. The following items shall be exempt from the sign standards and therefore, exempt from obtaining an improvement location permit:
(1) Face-out, face-in change. The face of a permanent sign, conforming or legal non- conforming, may be removed and replaced provided:
(a) The sign area is not increased or decreased;
(b) The sign height does not increase or decrease;
(c) The sign mass does not increase or decrease;
(d) The interior or exterior lighting element does not increase or decrease in intensity;
(e) The sign location is not shifted or relocated;
(f) The sign face method or type does not change (e.g., replacing a painted wood sign face with a backlit plastic sign face); or
(g) The sign’s structure is not changed or modified in a way that changes compliance with any applicable time, place or manner standards.
(2) Changeable copy. The changeable content on a permitted changeable copy sign shall be exempt from any sign regulations as long as the changeable content is installed such that it extends outside of the permitted sign area;
(3) Postings. Postings on a permanent and permitted display board sign;
(4) Indoor commercial messages. Commercial messages displayed inside a building that cannot be viewed legibly by pedestrians or drivers outside the building. Examples include a commercial message on a scoreboard inside a gymnasium, a wall clock inside a restaurant with a branded logo, and a large framed image of a product mounted on the wall of a retail store;
(5) Minuscule commercial messages. Minuscule commercial messages displayed on or near a primary entrance provided that the area of each minuscule commercial message does not exceed 30 square inches and the cumulative area of all minuscule commercial messages does not exceed 240 square inches per primary entrance. Examples include “Visa”, “Master Card”, “Diner’s Club”, “ATM” and corporate logos;
(6) Menu sign. A menu board used for a motor vehicle drive-through window or for walk-up window service shall be exempt; and
(7) Window signs. Signs displayed on the inside of windows shall be exempt.
(F) Prohibited signs.
(1) Prohibited types.
(a) Flashing signs. Signs that gain attention through flashing (i.e., flashing signs) shall not be permitted.
(b) Vehicle signs. Vehicles with a sign area greater than 50 square feet in area shall not be permitted to be parked for the primary purpose of displaying the sign. Prohibited vehicle signs shall not be construed to include vehicles with signs on them that are:
1. Lawfully parked overnight or during non-business hours in a discreet location;
2. Making deliveries, sales calls, transporting persons or property or customary practices relating to operating the business; and
3. Used in conjunction with customary construction operations on a construction site.
(c) Skyward lights. Strobe lights, search lights, beacons or any light or lights that rapidly flash, project light in visible beams skyward or project light horizontally in a circle shall not be permitted regardless if the light is part of or independent of a sign, except as approved for special events on a temporary basis.
(d) Signs with moving or movable parts. Signs or devices with visibly moving parts, shall not be permitted.
(e) Animated signs. Signs that gain attention through animation shall not be permitted.
(2) Content.
(a) Signs that convey obscene content, indecent content or profane words not allowable on broadcast television or radio during daytime hours according to the rules of the FCC shall not be permitted.
(b) Signs that emulate emergency service vehicles or common traffic signs or signals shall not be permitted (e.g., signs that uses “Stop”, “Slow”, “Caution”, “Danger”, “Warning” or similar words with similar materials, scale, color and location resulting in driver confusion or otherwise unsafe conditions).
(G) Prohibited location. Signs, regardless of type, shall not be permitted by the unified development chapter in any of the following locations or by the following means.
(1) Right-of-way. Signs shall not be permitted in any right-of-way unless authorized by the Board of Public Works and Safety, except as specified in § 165.350 (Parks, Neighborhood and Limited Commercial and Central Business Sign Standards).
(2) Utility poles or street signs. Signs shall not be permitted on any traffic-control device, street sign, construction sign or utility pole.
(3) Fences. Permanent signs shall not be permitted on any fence.
(4) Trees. Signs shall not be permitted to be attached to any tree, shrub or other natural object.
(5) Benches. Signs shall not be permitted to be attached to or integrated into any bench or outdoor seating.
(6) Towers. Signs shall not be permitted to be attached to or integrated into any telecommunication antennas, telecommunication tower, television antennas or similar towers.
(7) Roofs. Signs shall not be permitted to be attached to or be perceived to be attached to the roof of a structure. This provision includes signs integrated into the roofing material.
(8) Fire safety obstruction. Signs shall not be permitted on a fire escape or in a manner that substantially blocks view from the right-of-way to a fire door.
(9) Obstructs circulation. Signs that obstruct or interfere with internal or external safe movement of vehicular or pedestrian traffic shall not be permitted.
(10) Elevation. Artificially altering the elevation of the ground to improve the visibility of a sign shall not be permitted. Likewise, increasing the height of a wall or creating a parapet wall to improve the visibility of a sign shall not be permitted.
(11) Vision clearance. Signs shall not be permitted in areas prohibited by § 165.293 (Vision Clearance Triangle Standards).
(H) Sign illumination.
(1) General. Any sign that is permitted to be internally or externally illuminated, or a sign which utilizes electronic changeable copy shall be subject to the light trespass and glare regulations within § 165.275 (Lighting Standards).
(2) Electronic changeable copy. When electronic changeable copy is permitted it shall have a means to monitor ambient light (i.e., a photocell) and automatically increase the electronic message and sign face proportionately starting at 1,500 NITs or less during evening hours and increase incrementally up to a maximum of 4,500 NITs at the brightest time of day. Further, electronic changeable copy signs shall self-dim during storms and maintain that dimmed state until daylight returns.
(3) Illuminated sign separation. All illuminated signs shall be at least 300 feet from any existing residential dwelling unit.
(I) Maintenance. All signs and sign components shall be kept in good repair and in safe, clean and working condition. If landscaping is required around the base of a sign, it shall be maintained in living condition, consistent in character with the approval, and not overgrown.
(Ord. 10-2010, passed - -2010, § 5.73)