(A) Generally. The purpose of this section is to promote and protect the public health, welfare and safety by regulating existing and proposed signs of all types. It is determined that the adoption of this section will protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights of way, to provide more open space and to curb the deterioration of the natural environment and enhance community development.
(B) Classes of districts. For purposes of this section, the municipality is hereby divided into the following districts:
(1) R-O Low Density Residential;
(2) R-1 Medium Density Residential;
(3) R-2 High Density Residential;
(4) R-3 Elderly Housing Residential;
(5) R-4 Mobile Home Residential;
(6) B-1 Local, Neighborhood or Regional Business District;
(7) B-2 Central Business District (CBD);
(8) B-3 Industrial District; and
(9) B-4 Power Plant District.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AREA OF SIGN. Surface area enclosed by one rectangle or single plane geometric shape, the sides of which make contact with the extreme point or edges of the sign, excluding the supporting structure which does not form part of the sign proper or of the display.
BUILDING LINE. A line beyond which no building may extend, as established by ordinance.
DISPLAY SURFACE OF FACE. Area of sign.
FLASHING SIGNS. Any illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
IDENTIFICATION SIGN. A nameplate or sign designating accessory use which is usually temporary in nature.
ILLUMINATED SIGN. A sign designated to give forth any artificial light or reflect such light from an artificial source.
INCIDENTAL SIGN. A nameplate or sign designating accessory use which is usually temporary in nature.
INFORMATION SIGN. A sign commonly associated with and limited to information and/or direction relating to the permitted use of the premises.
MARQUEE SIGN. A projecting sign attached to or hung from a marquee, and such MARQUEE shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line.
NAMEPLATE. A sign indicating the name and address of an occupant.
OVERHEAD, HANGING OR PROJECTING SIGN. A double-faced sign attached to a bracket, carrier, yardarm or mast, projecting, protruding or extending from the wall of a building.
POLE SIGN. A sign supported by poles, upright or braces extending from the ground or an object on the ground but not attached to any part of the building.
WALL SIGN. A sign erected against the wall of any building with the exposed face thereof in a plane parallel to the plane of such wall.
(D) New or omitted districts.
(1) The sign standards set forth in this section are established according to districts and are intended to include every district in the city. These districts are as defined by this chapter and the official zoning map. Only signs as described herein will be permitted in each particular zone.
(2) If any district is omitted from this section or if a new district is created after the enactment of this chapter, no sign shall be permitted therein until this chapter has been amended to include such zone.
(E) General sign requirements.
(1) All signs shall be conservative in nature, not gaudy, vulgar or unsightly.
(2) Every sign referred to in this section must be constructed of durable materials and must be kept in good condition and repair.
(3) Each sign shall be erected in a safe manner in accordance with the building and other pertinent requirements of the municipality.
(4) Any sign located along the right-of-way of a state or federal highway shall comply with more restrictive requirements of state or federal government relating thereto.
(5) Illuminated signs shall be arranged and designed so that the light does not constitute a nuisance to adjoining premises or a hazardous condition on the street or highway.
(F) Residential districts.
(1) This section shall apply to all districts designated as being Low Density Residential (R-O), Medium Density Residential (R-1), High Density Residential (R-2), Elderly Housing Residential (R-3), Mobile Home Residential (R-4) and future residential districts.
(2) Type of signs permitted: nameplates and identification signs.
(a) Single- and multi-dwelling units. Single- and multi-dwelling units shall be permitted a nameplate sign not to exceed one square foot in area per unit, with the aggregate total of all signs not to exceed 12 square feet. These signs do not require permit or fee.
(b) Apartments and condominium complexes. Apartments and condominium complexes shall be permitted an identification sign not to exceed 12 square feet.
(c) External illumination. The following permitted signs, and no other, may be externally illuminated:
1. Professional signs of a physician, dentist, magistrate and other persons whose services in an emergency are customarily considered essential to the public health, safety and welfare, provided that the illumination is by white light of an external nature only;
2. Sign of a school, church, hospital, sanitarium, club or other use permitted in the district, provided that the illumination is by white light of an external nature only; and
3. Signs for regulation of traffic, marking of hazards and the like.
(d) Location. Permitted signs may be anywhere on the premises, except where illuminated signs are permitted they shall be designed so as not to shine or reflect light into adjacent residences and they may not project beyond any property line; and except that if ground-mounted the top shall not be over five feet above the ground, and if building-mounted, such sign shall not be mounted on any roof of the building and shall not project above the roof line.
(e) Content. The sign per dwelling unit shall indicate only the name and/or address. The identification sign permitted apartment and condominium complexes and businesses shall be only for identification of the complex and/or business.
(f) Illumination. Where permitted, illumination shall be white. Light rays shall shine only upon the sign or upon property within the premises and shall not spill over the property line in any direction except by indirect reflection.
(G) Central business district.
(1) Application. This section shall apply to all areas designated by this chapter as Business District B-2.
(2) Size.
(a) 1. No single sign for a business shall have an overall area on one side of more than 16 square feet.
2. A flat wall sign is to be one and one-half square foot per lineal foot of the front of the building wall space.
(b) Only one overhead and/or lawn sign shall be erected for the first or street level storeroom, except where a business has multi-street entrances, in which event a separate overhead, flatwall, marquee or lawn sign may be displayed for each such street entrance.
(c) Multiple window, face or entrance signs to a total of three are permitted, provided a permit is obtained and a fee paid for each within an aggregate limit of 12 square feet for this type of display.
(d) On a business building of more than one floor, where tenants occupy upper floors for business purposes, there shall be displayed at the street floor entrance upper floors one business plaque listing the business occupants of the upper floor.
(e) The aggregate size of all signs permitted a business or businesses located within one building shall not exceed 24 square feet.
(3) Location by permitted sign type.
(a) Overhead signs shall be at least nine feet above the sidewalks and not closer to the curb than 18 inches.
(b) Freestanding (pole) business identification signs shall not exceed 15 feet in height above the ground surface.
(c) Flat wall signs may be located on any wall of the building. No flat wall sign shall project more than 18 inches from the building or extend above the roof line of the building.
(d) Signs may be on the vertical face of a marquee. The bottom of the marquee sign shall be not less than nine feet above the sidewalk or grade at any point. No part of the marquee sign shall project closer than five feet to a public right-of-way nor project above the roof line.
(4) Content. Signs allowed in this district shall be identification signs only.
(H) Local, neighborhood or regional business districts.
(1) Application. This section shall apply to all areas designated by this section as B-1.
(2) Size.
(a) Within this business district the aggregate size of all signs permitted a single business structure shall not exceed 72 square feet.
(b) Within this business district the aggregate size of all signs permitted on one pole or poles (that is one supporting structure) shall not exceed 72 square feet.
(3) Location by permitted sign type.
(a) 1. Within this business district overhead signs shall be at least nine feet above the sidewalk or ground level and not closer to the curb or public right-of-way than five feet.
2. In those instances where more than one business occupies a building, permitted overhead signs shall be mounted on a single structure per building.
(b) Pole identification signs shall not exceed 30 feet in height above the ground surface nor shall one pole identification sign be located within 50 feet of another.
(c) Flatwall signs may be located anywhere on the surface of the walls of the building. No sign shall project beyond the surface of the building a distance greater than 18 inches nor shall it extend above the roof line.
(d) Signs may be on the vertical face of a marquee or awning. The bottoms of the marquee or awning signs shall be not less than nine feet above the ground level or extend above the roof line.
(e) No freestanding (pole) sign shall be located within five feet of a street right-of-way measured from the nearest point of the sign to the nearest right-of-way line of the street.
(4) Shopping centers or malls. Notwithstanding any contrary provisions in this chapter, the following shall apply to signs for shopping centers or malls located in this business district.
(a) Each shopping center or mall shall be allowed one freestanding (pole) identification sign not to exceed 72 square feet, nor be more than 30 feet high from ground level, nor located within five feet of a street right-of-way measured as stated above, nor within 50 feet of another.
(b) In addition, each business having an outside entrance shall be permitted a flatwall sign equal to one and one-half square feet for each lineal foot of store or business frontage. This would also apply to businesses whose main entrances are located at the back of shopping centers or malls as well. Businesses located within the confines of the shopping center or mall would be limited to inside signs.
(5) Content. Signs allowed in this district shall be identification and information signs only.
(6) Illumination. Illuminated signs are permitted only in accordance with the restrictions as specified below.
(a) External lighting with white light as specified in division (E)(5) above.
(b) Internal lighting with white light provided requirements under division (K)(4) below are met.
(I) Industrial signs.
(1) This section shall apply to all areas designated by this section as B-3.
(2) All sections, sign size, type and location shall be identical to those applying to B-1 Districts except that each business shall be allowed a flat wall sign calculated at a rate of one and one-half square feet for each lineal foot of building frontage in addition to the maximum 72 square feet of pole signs.
(J) Temporary signs. The following signs shall be permitted anywhere within the city and shall not require a permit.
(1) Construction signs which identify the architects, engineers, contractors or other individuals or firms involved with construction; and signs announcing the character of the building enterprise or purpose for which the building is intended, during the construction period, to a maximum of 12 square feet for each firm but not including any advertisement of any products. Such signs shall be confined to the construction site, shall not provide an obstruction, and shall be removed immediately upon completion of the project.
(2) Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the sign is displayed, up to a total area of four square feet. Such signs shall be removed upon the execution of a valid contract of sale or on the date of the sale, contract or lease.
(3) (a) Political campaign signs announcing the candidates seeking public political office and other data pertinent thereto, up to an area of 12 feet for each premises. These signs shall be confined within private property and removed within seven days after the election for which they were made.
(b) Political campaign signs may be erected on public properties no sooner than 24 hours prior to day of the election and must be removed within 24 hours after the election.
(4) Street banners advertising a public entertainment or event, if specifically approved by the Mayor, and only for locations designated by the Mayor. Such signs shall be removed within seven days upon the conclusion of such event.
(5) Show window signs in a window display of merchandise, when incorporated with such a display are permissible.
(6) Yard sale/garage sale signs are permitted on the property of the sale during the time period of two days prior to the sale and the day of the sale.
(K) Prohibited signs.
(1) No sign may contain statements, words or pictures of an obscene, indecent or immoral character, such as will offend public morals or decency.
(2) No sign other than traffic or similar official signs shall be permitted in the right-of-way of any street or highway.
(3) No sign shall be placed in such a position as to endanger traffic on a street or at its intersection.
(4) No sign shall be flashing, moving, rotating, oscillating or similar type and in no case shall the roof lines, doors, windows or wall edges of a building be outlined by illuminated tubing or strings of lights for advertising purposes.
(5) No sign, banner, pennant, streamer or similar device constructed of cloth, light fabric, cardboard, plastic or other like materials, or no whirling or similar lighting device shall be displayed for attention getting purposes outside a building except where the Zoning Officer shall authorize such a use on a temporary basis.
(6) No sign may be permitted to be painted directly upon the exterior of a building or erected upon trees or painted or drawn upon rocks or other natural features.
(7) No business sign may be located nearer to any residential district line is permitted for other business or commercial structures. If any such sign is located nearer than 50 feet and facing into the residential district lot line, it shall be designed so as not to shine or reflect light into adjacent residences.
(8) No off-premises signs are permitted except by variance.
(9) No roof signs are permitted.
(10) No sign may contain or be an imitation of official traffic signs or signals or contain the words “stop”, “go slow”, “caution”, “danger”, “warning” or similar words which are so located as to be visible and apparently appreciable to operators of motor vehicles on a public street.
(11) No pole sign shall be permitted within 50 feet of another.
(L) Exemptions. The following types of signs are exempted from the above provisions of this section, except for construction and safety regulations and the following requirements:
(1) Public signs. Signs of a noncommercial nature and in the public interest, erected by or on the order of a public officer in the performance of his or her public duty, such as safety signs, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like;
(2) Institutional signs. Signs setting forth the name of any simple announcement for any public, charitable, educational or religious institution, located entirely within the premises of that institution, up to an area of 24 square feet. Such signs may be illuminated, except where prohibited, in accordance with the regulations pertaining thereto. If building-mounted, these signs shall be flat wall signs, and shall not project above the roof line. If ground-mounted, the top shall not be more than eight feet above the ground level;
(3) Integral signs. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent construction and made an integral part of the structure;
(4) Private traffic direction signs. Signs directing traffic movement onto a premises or within a premises, not exceeding three square feet in area for each sign. Illumination of these signs shall be permitted in accordance with the regulations pertaining thereto;
(5) Rental signs. Signs on a premises announcing rooms for rent, table board, apartment or house for rent, and not exceeding two square feet in area; and
(6) Vehicle signs. Signs on trucks, buses, trailers or other vehicles while such vehicles are in use in the normal course of business. This division (L)(6) is not to be interpreted to permit the parking, for display purposes, of any vehicle or trailer, to which signs or portable signs are attached, in a district or on a lot of land where such signs are not permitted.
(M) Removal of signs in violation.
(1) The Zoning Officer may order the removal of any signs erected or maintained in violation of this section. He or she shall give a 30-day notice in writing to the owner of such sign or of the building, structure or premises on which such sign is located, to remove the sign or to bring it into compliance with this section.
(2) Whenever a sign becomes unsafe, or endangers the safety of a building or premises, or has the potential of endangering the public’s safety, the Zoning Officer shall give written notice to the sign owner, building or premises on which the sign is located that such sign be made safe or removed within five days from the date of letter. The Zoning Officer may remove a sign immediately and without notice if, and only if, in his or her opinion, the condition of the sign is such as to present an immediate threat to the safety of the public. Any surface exposed by the removal of a sign shall be restored at cost to the owner to its original condition and be compatible with adjacent surfaces.
(N) Removal of abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the Zoning Officer shall give the owner 15 days’ written notice to remove it. Upon failure to comply with this notice, the Zoning Officer or his or her duly authorized representative may remove the sign at cost to the owner.
(O) Permits.
(1) Required. No sign shall hereafter be erected or lettering changed or addition or changes made thereto until a permit for the same shall have been obtained. Any minor alterations which do not change the sense of the sign may be approved without charge by the Zoning Officer.
(2) Frame or holder. No new business shall be permitted to use the frame or holder of any existing sign on any building or premises or to alter or change any such sign by re-lettering or otherwise until there has been first obtained a permit to do so.
(3) Application. The permit application shall contain the location of the sign structure, the name and address of the sign owner and the sign erector, a drawing showing the design and location of the sign, and such other pertinent information as the Zoning Officer may require to ensure compliance with this chapter.
(4) Fees. Fees for sign permits shall be as fixed from time to time by the governing body of the city.
(P) Enforcement of chapter.
(1) The Zoning Officer is hereby authorized and directed to enforce all the provisions of this chapter. Upon presentation of proper credentials the Zoning Officer or his or her duly authorized representative may enter, at reasonable times, any building, structure or premises in the city to perform any duty imposed upon him or her by this chapter.
(2) Where there is ambiguity or dispute concerning the interpretations of this section, the decision of the Zoning Officer shall prevail, subject to appeal as provided herein.
(Q) Severability of section. If any part of this section is found to be invalid, all valid parts that are severable from the invalid parts shall remain in effect. If any part of this section is found to be invalid in one or more of its several applications, that part shall remain in effect in all valid applications that are severable from the individual applications.
(R) Appeals. Any persons aggrieved by any decision or order of the Zoning Officer may appeal to the Board of Zoning Appeals by serving written notice to the Zoning Officer, who, in turn, shall immediately transmit the notice to the Chairperson of the Board, which shall meet to hear it within 30 days thereafter. The Zoning Officer shall take no further action on the matter, pending the Board’s decision, except concerning unsafe signs which present an immediate and serious danger to the public.
(S) Variances. A variance from any provision of this section may be granted by the Board of Zoning Appeals where the strict interpretation of this section would create an unusual and unnecessary hardship on the property owner due to the unique location or physical characteristics of the property or sign; provided that such a variance would not adversely affect the public interest or intent of this chapter.
(T) Usage of mesh sign holders on U.S. 60 East and U.S. 60 West.
(1) Usage of the sign holders is limited to service and religious organizations whose principal meeting place is within the city limits. Organizations whose functions are primarily social are not authorized to display signs.
(2) Signs are limited in size. Each sign must be wholly enclosed within a circle of approximately 30-inch diameter.
(3) Sign permits are required. Fees are chargeable to using organizations in the same manner as other signs with the city.
(4) Signs shall be metal, unlighted and nonreflective.
(5) Rusty, illegible or dilapidated signs or those representing nonexistent organizations are declared a public nuisance and shall be removed immediately on such determination by the Zoning Officer.
(6) The total number of signs which may be placed on any mesh sign holder is limited (12 to 15 depending on sign size). The Zoning Officer shall keep a waiting list should there be valid applications which cannot be accommodated on the mesh sign holder.
(7) On approval of an application by the Zoning Officer, the city is responsible for sign installation.
(8) An annual maintenance fee set by Council will be charged to each displaying organization for each sign displayed. This fee will be used by the city to defray the cost of keeping the holders in good repair.
(1986 Code, § 1317.05) (Ord. passed 1-28-1991) Penalty, see § 154.999