All billboards hereafter constructed erected, painted, or otherwise established, moved, altered, or changed within the city's limits of jurisdiction shall comply with the following regulations and with § 40-2-3(A), except that repair and/or maintenance of lawful nonconforming signs shall be in accordance with the regulations set forth in Article X.
(A) Size. No billboard may be erected which exceeds 100 square feet in area, including border and trim, but excluding ornamental base or apron, supports and other structural members. The length or width of any billboard shall not be greater than 12 feet. Double-faced signs, and back-to-back signs within two feet of each other, and V-type signs shall be considered as one sign.
(B) Lighting.
(1) No billboard shall have any blinking, flashing, or rotating lights or any other device which attracts attention by visual means through the movement or the semblance of movement, except those giving public service information, such as, without limiting the generality of the foregoing, time, weather, date and temperature.
(2) No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway, or which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.
(C) Spacing.
(1) No sign shall be located in such manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device; or obstruct or physically interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.
(2) No two billboards on the same side of a street or highway shall be erected less than 1,000 feet apart.
(D) Location of billboards. Billboards, other than temporary billboard signs, shall be permitted by special use permit in the General Industrial Zoning Districts, provided they are not located in the following areas:
(1) Within 100 feet of any property in any Residential District;
(2) In the required setback area of any zoning district;
(3) Where it would block the view of any on-site advertising sign(s) which advertise the business(es) on the adjacent property(ies).
(E) Height. No part of any billboard shall exceed 20 feet in height above the ground level of the traveled way. Any billboard shall not extend more than five feet above the parapet, eaves or building facade of the building to which it is attached.
(F) Temporary billboards.
(1) Auction/garage sale. Signs commonly regarded as “garage sale” or “yard sale” signs shall be permitted only on private property and shall be restricted to a maximum area of four square feet. The sign shall be dated when posted and must be removed within five days after posting. One auction directional sign measuring not more than four square feet may be placed on private property abutting the nearest high volume traffic street on the day before the auction and the day of the auction only.
(2) Political campaign. One sign per office per lot up to 32 square feet on nonresidential property and 16 square feet in residential and agricultural districts may be permitted announcing candidates for public office. (Exception: On corner lots, one sign per office as described above may be placed facing each street.) Such political campaign signs may be exhibited for a period of not more than 30 days prior to the election to which they relate, and must be removed within two days after the election to which they relate.
(3) Public interest. Other signs publicizing a charitable or nonprofit event of general public interest may be permitted only on private property, and shall be restricted to a maximum area of four square feet in agricultural and residential-zoned districts and 16 square feet in business or industrial- zoned districts. Such signs shall be permitted for no more than 14 days immediately preceding the event and must be removed within two days after the event.
(4) Courthouse Square signs.
(a) The following signs and only the following signs are permitted to be placed on the decorative light poles on the Monroe County Courthouse Square property: signs publicizing Springfest, Porta Westfalica Fest, Waterloo Homecoming and Fallfest.
(b) Such signs shall be restricted to a maximum area of six square feet.
(c) Such signs shall be permitted for no more than 14 days immediately preceding the event, and must be removed within two days after the event.
(G) Owner's name. There shall be placed and maintained on the vertical surface of each billboard or outdoor advertising sign the name of the person or company owning, or who is in possessive charge or control of the same, for advertising purposes.
(H) Unsafe and unlawful billboards.
(1) Whenever a billboard is found to be erected or maintained in violation of any provision of this code or of any other ordinance or law, the Zoning Administrator shall order that such sign be altered, repaired, reconstructed, demolished or removed as may be appropriate to abate such condition. Any work required to be done shall, unless a different time is specified, be completed within ten days of the date of such order.
(2) Failure, neglect, or refusal by any person, corporation or otherwise of any of the provisions of this section shall be subject to the penalties defined in § 40-12-3 of this code.
(I) (1) An organization recognized as exempt from taxation by Section 501 of the Internal Revenue Code, hereinafter referred to as “charitable organization”, may place and maintain one directional billboard hereinafter provided if all of the following conditions are met:
(a) The charitable organization has conveyed or dedicated to the city land for a public street upon which the billboard is erected or is to be erected;
(b) The billboard is erected or to be erected at the intersection of the street for which the land was conveyed or dedicated and another street;
(c) The land so conveyed or dedicated is located adjacent to the lot or land on which the activity to which the billboard refers is located;
(d) The charitable organization owns the lot on which the activity to which the billboard refers;
(e) The billboard complies with site location anal size as fixed for such billboard by the City Council and otherwise complies with city ordinances, except those relating to the location of billboards;
(f) The billboard complies with all applicable state and federal regulations;
(g) The charitable organization maintains the billboard and the area immediately surrounding the billboard in good condition and repair;
(h) The charitable organization obtains approval from the City Council for the location and size of the billboard before placement thereof;
(i) The area upon which the billboard is located is not required for paved road surfaces, sidewalks or municipal utility purposes;
(j) The charitable organization has entered into an agreement with the city for the location and size of the billboard prior to the conveyance or dedication of the land for street purposes; and
(2) If a charitable organization erects a billboard pursuant to this division (I) and thereafter fails to comply with any provisions of this division (I), the city may notify the charitable organization of such compliance failure. If the charitable organization does not cure such compliance failure within 60 days after such notice, the city may remove such billboard at the charitable organization's cost, and upon such removal the charitable organization's right to maintain such a billboard pursuant to this division (I) shall be terminated and of no further force or effect.
(J) Hotel, motel, and motor hotel directional billboards.
(1) The owner of a hotel, motel, or motor hotel, hereinafter referred to as the owner, may place and maintain one directional billboard for the hotel, motel, or motor hotel if all of the following conditions are met:
(a) The directional billboard is erected on land which: (1) is either owned by the owner or leased to the owner on an annual basis; and (2) is located within 100 feet of an arterial street.
(b) The hotel, motel, or motor hotel to which the directional billboard refers is located on a lot: (1) that does not abut an arterial street; and (2) that abuts a street intersecting the arterial street along which the billboard is erected.
(c) The billboard complies with site location and size as fixed for such billboard by city ordinances, except those relating to the location of billboards;
(d) The billboard complies with all applicable state and federal regulations;
(e) The owner maintains the billboard and the area immediately surrounding the billboard in good condition and repair.
(2) If an owner erects a billboard pursuant to this division (J) and thereafter fails to comply with any provisions of this division (J), the city may notify the owner of such compliance failure. If the owner does not cure such compliance failure within 60 days after such notice, the city may remove such billboard at the cost of the owner, and upon such removal the permission of the owner to maintain such a billboard pursuant to this division (J) shall be terminated and of no further force or effect.
(Ord. 1070, § 40-4-16, passed 7-20-1998; Am. Ord. 1159, passed 11-6-2000; Am. Ord. 1168, passed 1-2-2001; Am. Ord. 1507, passed 4-6-2009) Penalty, see § 1-1-19