The purpose of this article is to establish a set of standards for the fabrication, erection and use of signs, symbols, markings, or advertising devices within the city zoning jurisdiction. Those standards are designed to protect and promote the general welfare, health and safety of persons within the community and to aid and assist in the development and promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness, and flexibility in the design and use of such devices.

(Code 2011, § 60-339; Ord. No. 1411, § 3, 3-30-1976)

(a)

A-1 agricultural district. In the agricultural district, all signs must comply with the following:

(1)

Residential identification. One wall sign not more than two square feet per unit.

(2)

Institutional and nonconforming business signs. One wall sign not more than 36 square feet or one freestanding sign not more than 24 square feet nor more than 15 feet high.

(3)

Farmstead and business signs. One wall sign not more than 50 square feet or one freestanding sign not more than 32 square feet nor more than 20 feet high.

(4)

Area identification signs. One wall sign not more than 24 square feet or one freestanding sign not more than 24 square feet nor more than 12 feet high.

(5)

Setback. No sign may be closer than 30 feet to any property line.

(6)

Off-premises signs. Off-premises signs are prohibited.

(b)

A-2 green belt district. In the green belt district, all signs must comply with the following:

(1)

Except as specified here, signs erected in the green belt district shall comply with the regulations of the abutting districts on the respective side of the watercourses.

(2)

No sign structure shall be permitted which is inconsistent with the flood protection characteristics specified for the green belt district in section 60-52.

(3)

Off-premises signs are prohibited.

(c)

R-1, R-2, R-3 low, medium and high density residential districts. In these districts, all signs must comply with the following:

(1)

Residential identification. One wall sign not more than two square feet per unit.

(2)

Institutional and nonconforming business identification signs. One wall sign not more than 36 square feet, or one freestanding or projecting wall sign not more than 16 square feet, or a combination of a wall sign and one other sign mentioned totaling not more than 36 square feet. Maximum height shall be the eave or bottom of the second story window, whichever is lower.

(3)

Area identification signs. One sign not more than 24 square feet nor more than 12 feet high.

(4)

Home occupation sign. One nonilluminated wall sign not more than eight square feet.

(5)

Setback. No sign may be closer than ten feet to any property line.

(6)

Off-premises signs. Off-premises signs are prohibited.

(d)

R-4 special density residential district. In the R-4 district, all signs must comply with the following:

(1)

Only signs allowed in R-1, R-2, or R-3 districts shall be allowed for residential uses in R-4 districts.

(2)

Nonresidential uses shall comply with the sign requirements for the district they are in.

(e)

R-5 trailers, trailer parks and planned residential area (trailers). In R-5 districts, only signs allowed in the R-1, R-2 or R-3 district shall be allowed.

(f)

C-1 neighborhood commercial district. In C-1 districts, all signs must comply with the following:

(1)

Business signs. A total sign area of two square feet for each linear foot of frontage shall be allowed. Where there is multiple frontage, an additional sign area of one square foot for each additional linear foot of frontage shall be allowed. No more than two square feet of sign area for each linear foot of frontage shall be allowed to face any frontage.

a.

Only wall, projecting wall or freestanding signs may be used.

b.

Freestanding signs shall not exceed 50 square feet nor 20 feet in height.

c.

Projecting wall signs shall not exceed 40 square feet.

d.

Each property may display one freestanding sign or one projecting sign.

(2)

Institutional and nonbusiness signs. Institutional and nonbusiness signs shall comply with sign regulations for R-1, R-2, or R-3 residential districts.

(3)

Area identification signs. One freestanding sign per development; not to exceed 100 square feet nor 20 feet in height.

(4)

Setback. No sign may be closer than ten feet to any property line.

(5)

Off-premises signs. Off-premises signs are prohibited.

(g)

C-2 highway commercial. In C-2 districts, all signs must comply with the following:

(1)

Business signs. A sign area of two square feet for each linear foot of frontage shall be allowed. If the building has multiple frontages, an additional sign area of one square foot for each additional linear foot of frontage shall be allowed.

a.

All sign types are allowed in the C-2 districts.

b.

Each property may display either one freestanding or one roof sign.

c.

Each property may display either one projecting wall sign or one wall/roof sign.

d.

Freestanding and roof signs shall not exceed 150 square feet in area nor 30 feet in height abovegrade. For freestanding signs, an additional 45 percent of the sign area may be added for decorative framing, brickwork, or similar facade applications; provided however, that such additional area may not include advertising of any type.

e.

Projecting wall and wall/roof signs shall not exceed 40 square feet in area.

f.

Projecting wall signs shall not extend above the eave or 20 feet abovegrade whichever is less.

g.

Wall/roof signs shall not exceed 30 feet in height abovegrade.

h.

On frontages exceeding 150 feet but less than 200 feet the allowable freestanding sign size may be increased by 50 percent and height by 20 percent. On frontages exceeding 200 feet allowable freestanding sign size may be doubled and height increased 30 percent.

(2)

Institutional and nonbusiness signs. Institutional and nonbusiness signs shall comply with the sign regulations for R-1, R-2, or R-3 residential districts.

(3)

Area identification signs. One freestanding sign per commercial development, provided that no other freestanding sign is displayed on the same property with the following restrictions:

a.

Maximum size shall be 650 square feet.

b.

Maximum height shall be 50 feet.

c.

Shall be set back a minimum of 20 feet from any property line.

(4)

Setback. No sign shall be closer than ten feet from any property line.

(5)

Off-premises signs. Off-premises signs are allowed as per section 60-341(a).

(h)

C-3 Central business district. In the central business district, all signs must comply with the following:

(1)

Business signs.

a.

Signs attached to the building equaling 20 percent of the building face area or 100 square feet, whichever is greater; not higher than the roofline.

b.

Projecting signs may not exceed 50 percent of the allowable sign area.

c.

One freestanding sign up to 100 square feet; not higher than 30 feet; not closer than 50 feet to another freestanding sign; not closer than five feet from any property line.

d.

For freestanding signs installed along U.S. Highway 12 (6th Avenue), an additional 45 percent of the sign area may be added for decorative framing, brickwork, or similar facade applications; provided, however, that such additional area may not include advertising of any type.

(2)

Area identification.

a.

One freestanding sign per commercial development, provided that no other freestanding sign is displayed on the property.

1.

Maximum size shall be 200 square feet.

2.

Maximum height shall be 30 feet.

3.

Shall be setback a minimum of ten feet from any property line.

(3)

Residential signs. Only signs allowed in R-1, R-2 or R-3 districts shall be allowed for residential uses.

(4)

Off-premises signs. Off-premises signs may be allowed as a special exception.

(i)

I-1 industrial park district. In industrial park districts, all signs must comply with the following:

(1)

Area identification signs.

a.

One freestanding sign up to 400 square feet per side of sign area; one per major thoroughfare.

b.

Maximum height of 35 feet.

c.

Minimum 20-foot setback from property line.

(2)

Business identification signs.

a.

One freestanding sign up to 100 square feet of sign area; maximum height of 20 feet.

b.

Wall sign up to 20 percent of the building face.

c.

Minimum 20-foot setback from property line.

(3)

Off-premises signs. Off-premises signs are not allowed.

(j)

I-2 unrestricted industrial district. In unrestricted industrial districts, all signs must comply with the following:

(1)

Area identification signs.

a.

One freestanding sign up to 400 square feet per side of sign area.

b.

Maximum height of 35 feet.

c.

Minimum 20-foot setback from property line.

(2)

Business identification signs.

a.

A total sign area of two square feet for each linear foot of frontage shall be allowed. If the building has multiple frontage, an additional one square foot for each additional linear foot of frontage shall be allowed.

b.

All types of on-premises signs are allowed.

c.

Minimum 20-foot setback from property line.

(3)

Off-premises signs. Off-premises signs are allowed as per section 60-341(a).

(k)

M-AG mini-agricultural district. In M-AG district, only signs allowed in the A-1 district shall be allowed.

(l)

R-2A manufactured housing medium density residential district. In R-2A district, only signs allowed in the R-1 district shall be allowed.

(m)

HC health care district. In HC district, only signs allowed in the C-2 district shall be allowed.

(Code 2011, § 60-340; Ord. No. 1411, § 4, 3-30-1976; Ord. No. 04-02-02, §§ 17—19, 3-1-2004; Ord. No. 11-08-06, 9-27-2011; Ord. No. 14-04-06, 5-5-2014; Ord. No. 15-11-02, 12-1-2015; Ord. No. 19-07-02, § 2, 9-11-2019)

(a)

Off-premises signs.

(1)

An off-premises sign and its accessory structures are recognized as a legitimate business enterprise and shall be the only permitted land use of a lot.

(2)

Off-premises signs shall be allowed only in areas designated as C-2 highway commercial district or I-2 unrestricted industrial district, or as a special exception in a C-3 central business district, except that no off-premises signs or advertising shall be permitted within 300 feet of the road right-of-way on First Avenue Southeast/Milwaukee Avenue from South Main Street to County Highway 19.

a.

Off-premises signs are prohibited within a 150-foot radius of any residential district, park, school, hospital, library or any designated architectural, historic, or scenic area.

b.

All off-premises signs shall have a minimum setback of 20 feet from any property line.

c.

Off-premises signs shall not be displayed closer than a 600-foot radius to any other off-premises sign structure.

(3)

Size of off-premises signs.

a.

Maximum size shall not exceed 275 square feet per side of sign area. Each side of a back-to-back or V-type sign structure shall be figured separately. An additional 25 square feet shall be allowed for cutouts or extensions to accommodate special artwork.

b.

No more than two signs may be displayed on one sign structure.

c.

Maximum height shall be 40 feet above grade at the center of the adjoining street.

d.

Minimum height shall be 12 feet.

(4)

Location to access point.

a.

Static off-premises signs shall not be located closer than 50 feet to any intersection of public street rights-of-way nor access point (driveway, approach, etc.) to a public street.

b.

Off-premises electronic message board signs shall not be located closer than 75 feet to any intersection of public street rights-of-way.

(5)

Illumination.

a.

Off-premises signs which utilize animation and blinking, flashing, intermittent, or moving lights are prohibited, except that electronic message board signs are permitted subject to the requirements set forth at subsection (e)(6).

b.

Off-premises signs shall not be illuminated so as to interfere with vehicular or pedestrian traffic in any way.

c.

Off-premises signs shall not be so illuminated that it interferes with the effectiveness of, obscures an official traffic sign, device or signal.

d.

Off-premises signs that are not electronic message board signs shall be illuminated only by white colored light.

(6)

Only freestanding wall or roof signs are permitted.

(7)

Every owner or lessor of an off-premises illuminated or electronic message board sign, on a form prescribed by the planning and zoning director, shall irrevocably appoint either a resident of the city or the planning and zoning director to be the owner's or lessor's agent to receive and comply with demands for immediate compliance from the zoning inspector and to receive service of process in any enforcement action or proceeding against the sign owner or lessor which arises under this article.

(b)

Signs permitted in all districts. Subject to the conditions of this article, the following signs shall be permitted in all zoning districts:

(1)

Construction signs. One sign shall be permitted for all building contractors, one for all professional firms, and one for all lending institutions on-sites under construction. Not more than three signs shall be permitted on one site. All signs shall be removed no later than 14 days after the completion of the project. Each sign shall not exceed 32 square feet or ten feet high.

(2)

Subdivision signs. One subdivision identification sign not exceeding 24 square feet in area nor 12 feet in height may be allowed for each residential development of 20 or more lots or dwelling units. Only the name of the development and the developer shall be allowed.

(3)

Street banners. Street banners advertising a public event may be displayed 14 days prior to and must be removed within seven days after the public event. The display and location of street banners are subject to the discretion of the city council. A sign permit shall not be required.

(4)

Church, public bulletin boards. Church and other public bulletin boards not exceeding 12 square feet in area shall be allowed.

(5)

Private traffic signs. Private traffic signs may be erected to direct traffic into and out of private parking area or drive-in service facilities where traffic congestion would result in undue confusion or hazard. The sign may be a maximum size of 12 square feet and seven feet high. The minimum setback shall be two feet. In addition to traffic directional information, the name and/or symbol of the activity may be displayed to identify the property. Internal illumination is allowed.

(6)

Temporary banners. Subject to the conditions of this article, temporary banners shall be allowed in all commercial industrial zoning districts provided that the following conditions are met:

a.

Temporary banners must be securely fastened to a structure.

b.

Each business or person may display only one banner for commercial advertising at any given time.

c.

Temporary banners may not be larger than 125 square feet.

d.

No part of any temporary banner used for commercial purposes may extend into the public right-of-way.

e.

A temporary banner shall be defined as a nonrigid sign or device which directs attention to a commodity, activity, service or business offered or conducted on the same premises as a sign or device is located and that contains letters, symbols, numbers or a combination of these which can be seen from a right-of-way of a street or highway.

(7)

Portable signs. Except as otherwise provided in this section, portable signs may only be displayed in the commercial and industrial districts for 15 permit days per calendar year at any one business location. A separate permit shall be required for each sign.

a.

Permits may be issued for terms of 72 hours and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 14 days have elapsed following the expiration of the permit. Permits for two or more portable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.

b.

Portable signs shall be secured against overturning and engineered drawings shall be submitted at the time of application insuring an installation process to be followed which will allow the portable sign to withstand 90 mph ground wind speeds, shall meet all applicable setbacks for the zone in which it is located and shall not be located within the triangular area formed by the intersection of street right-of-way lines and a straight line connecting points on said street right-of-way line each of which is 35 feet distance from the point of intersection, shall not exceed 32 square feet in area and shall be in compliance with all other applicable codes regarding signs.

(c)

Exempted signs. The following signs are generally exempted from the provisions of this article:

(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 signs include traffic control signs, street signs, warning signs, railroad crossing signs and signs directing the public to public facilities.

(2)

Signs of public service companies for the purpose of safety.

(3)

Memorial plaques, cornerstones, historical tablets and the like.

(4)

Temporary political campaign signs, provided that they do not exceed six square feet in size and are neither displayed more than 10 days before absentee voting begins in the primary or general to which they pertain nor seven days after such election.

(5)

Temporary real estate signs pertaining only to the sale, lease or rental of the premises upon which they are displayed. Only one sign is allowed per street frontage and each sign shall not exceed eight square feet and shall not be illuminated.

(6)

Residential dwellings may display one sign showing only the name and address of the occupant. The sign shall not exceed two square feet and may be internally illuminated.

(7)

Gasoline price signs. Gasoline dispensing stations may display one sign per property displaying only the price of gasoline and/or diesel fuel. Said sign shall be firmly attached to a structure and shall not be mobile. Such signs shall not exceed 12 square feet and shall not be illuminated.

(8)

County fair signs, provided that they do not exceed six square feet in size and are neither displayed more than 60 days before nor seven days after the fair.

(d)

Prohibited signs. The following signs are prohibited and shall be removed upon notice from the building department of the city:

(1)

Signs which imitate an official traffic sign or signal and which contain the words "stop," "go slow," "caution," "danger," "warning," or similar words except as necessary to control traffic upon private property.

(2)

Signs which are of a size, location, movement, content, coloring, or manner of illuminations which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign, or signal or which obstruct the view in any direction at a street or road intersection.

(3)

Signs which contain or consist of pennants, ribbons, streamers, spinners, strings of lightbulbs or similar moving devices.

(4)

Signs which are attached in any manner to utility poles, trees, fences, or other signs.

(5)

Signs affixed to permanent supporting structures which are in addition to signs specifically designed for said supporting structures, i.e., parasitic signs.

(6)

Signs not affixed to permanent foundations, all portable signs and all temporary signs not in conformity with the provisions of this article.

(7)

Signs, constructed of rigid materials, which swing or otherwise noticeably move as a result of wind pressure because of its manner of suspension or attachment.

(e)

Illumination. All illuminated signs, whether on-premises or off-premises, shall comply with the following:

(1)

Internal illumination is allowed in all zoning districts.

(2)

External illumination is allowed only in commercial and/or industrial zoning districts.

(3)

The light from any illuminated sign or billboard or from any light source, including the interior of a building, shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises nor adversely affect the safe vision of operators of vehicles on public or private roads.

(4)

No sign shall have blinking, flashing, pulsating or fluttering lights or other illuminating devices which have a changing light operated to create an appearance or illusion of writing, printing or movement except for movement showing the date, time and/or temperature exclusively. In the C-2, C-3 and/or I-2 districts, additional information and blinking or flashing illumination may be allowed as a special exception.

(5)

Every illuminated sign shall comply with Illuminating Engineering Society of North America-based standards and may not have an illuminance that exceeds 0.3 foot-candles above ambient light as measured using a foot-candle meter or similar device at the prescribed distance depending upon sign area measured as follows:

(6)

Electronic message board signs.

a.

Except as otherwise provided in this section, electronic message board signs may be displayed for church and public/private school use in all zoning districts as a special exception and as long as the sign is located on the lot in which the church or school is located. All electronic message board signs shall be in compliance with all other applicable codes regarding signs.

b.

In the C-2 and I-2 districts, electronic message board signs are a permitted use, provided that such signs do not interfere with traffic safety, and may not be confused with or construed as a traffic control device. All electronic message board signs in the C-2 and I-2 districts shall be in compliance with all other applicable codes regarding signs.

c.

Except as otherwise provided in this section, electronic message board signs may be displayed in the C-3 district along U.S. Highway 12 (6th Avenue) as a special exception and as long as the sign is located on the lot on which the business is located. All electronic message board signs in the C-3 district along U.S. Highway 12 (6th Avenue) shall be in compliance with all other applicable codes regarding signs.

d.

The minimum display time shall be six seconds, with the entire message static for the duration of the display time. Message changes must be instantaneous and may not employ fade dissolve, scrolling, or other effects. Electronic message board signs shall not be operated to display a message or graphic that is entirely red or blue in color. Monochrome electronic message board signs shall be limited to utilizing only amber-colored lights.

e.

All electronic message board signs shall comply with Illuminating Engineering Society of North America-based standards, shall be equipped with dimming controls that automatically adjust the sign brightness in direct correlation with ambient light conditions, and may not have an illuminance that exceeds 0.3 foot-candles above ambient light as measured using a foot-candle meter or similar device at the prescribed distance depending upon sign area.

1.

The measurement distance shall be as follows:

For signs with an area in square feet other than or greater than those specifically listed in the table in this section, the measurement distance may be calculated with the following formula:

The square root of the product of the sign area multiplied by 100.

(Example for 12 square foot sign area:

12 square feet x 100 = 1,200

The square root of 1,200 is 34.6

Measurement distance is 34.6 feet)

f.

All electronic message board signs shall be equipped with a power supply shutoff readily accessible at all times to the zoning inspector and capable of being locked out by the zoning inspector.

(7)

Illuminance measurements shall be performed as follows:

a.

The tester shall take the initial measurement by standing at ground level and aiming a foot-candle meter directly at the sign at least 30 minutes after sunset or 30 minutes before sunrise. The measurement will be taken as close as possible to the above prescribed distance from the sign face measured.

b.

After the initial measurement has been taken, the tester shall measure and determine the ambient light conditions with the illuminated sign off or displaying all black copy. The ambient light reading shall be taken with the same foot-candle meter at the same height and location used to establish the initial measurement.

(f)

Movement.

(1)

Movement may be allowed as a special exception only in C-2, C-3 and/or I-2 districts.

(2)

Only circular movement on a plane horizontal to a vertical plane shall be allowed.

(3)

Movement must be by mechanical means. Wind-blown devices are not allowed.

(g)

Painted wall signs. Allowed only in C-3 and/or I-2 zoning districts as special exceptions.

(1)

Only on-premises signs are allowed.

(2)

Shall be repainted a minimum of once every three years, or as required as evidenced by chipping or faded paint.

(3)

Nonconforming or abandoned signs shall not be repainted, and shall be totally removed within 90 days after notice of required maintenance has been given.

(h)

Super graphics. Allowed only in commercial and/or industrial zoning districts.

(1)

Super graphics shall be allowed only after public hearing and approval by the city planning commission and city council.

(2)

Super graphics shall be allowed solely on their artistic value and compatibility with their surroundings.

(3)

Super graphics shall be subject to the same maintenance requirements as painted wall signs.

(i)

Sign maintenance. Unless otherwise noted, all signs within the city zoning jurisdiction shall comply with the following standards:

(1)

All signs shall be kept in proper repair and maintenance, and the areas around them kept free of debris, weeds, and any other blighting or nuisance factors. The surface of all signs must be repainted whenever deemed necessary, as evidenced by paint fading, chipping or discoloration. The owner of a sign shall be responsible for its maintenance.

(2)

On-premises signs shall be removed from the building and property within 30 days after the business or activity advertised is terminated. However, where the termination is temporary in nature the existing sign structures may be used to advertise the sale, lease, or rent of the property, provided that all advertising material related to the previous occupant is removed.

(3)

Off-premises signs shall be removed within 30 days of abandonment of the sign as evidenced by termination of the activity or product advertised, or the lack of an advertising message for a period exceeding 60 consecutive days.

(4)

Should any sign within the city zoning jurisdiction be found to be unsafe or insecure, or a menace to the public or is not kept in proper repair and maintenance, or has been constructed or erected in violation of the provisions of this article, the sign owner or property owner shall be given written notice of the violation. The owner shall then be given 14 days from the date of notice to bring the sign into compliance with the terms of this article. Should the owner fail to comply with the notice given, the city shall remove the sign in violation and recover all costs involved by the legal means most convenient to the city.

(j)

Variances and special exceptions.

(1)

Variances and special exceptions shall be granted only in accordance with the procedures established in this article.

(2)

Special exceptions shall be considered only for those situations specifically designated in this article.

(k)

General sign location. These provisions shall apply to all signs in all locations unless more restrictive regulations are specified in a zoning district. Then the most restrictive provisions shall apply.

(1)

Wall signs. Wall signs may be located anywhere on any wall of a building, except that, above the first floor, no window or part of a window shall be situated within the surface area of the supporting structure of such sign, nor shall any window or part of a window be covered. Flat wall signs may extend above the roofline of a structure only where the top of said sign is no more than four feet above the top of the uppermost window and/or door openings of said wall on a one story building only. In the case of a multistory building which has screening enclosing elevators, shafts, stairs, walls or heating and air conditioning units, a wall sign may be permitted within the area of screening.

(2)

Projecting wall signs. Any one tenant with frontage on a public right-of-way and with direct ground floor access to the right-of-way may display one projecting wall sign.

a.

Projection shall be subject to the absolute limits of eight feet from the face of a building and two feet from the back of the curb, the maximum projection of a projecting wall sign shall be determined by the distance of the sign from any neighboring property.

1.

The allowable maximum projection shall be determined by the following formula:

Projection Formula

M = B + I

When:

M = Maximum projection of not more than eight feet

B = Base projection (four feet) the allowable projection regardless of location along frontage

I = L/(P) (four feet) increase over base projection of not more than four feet

F = Property frontage along one street right-of-way

N = Number of adjoining properties exclusive of street right-of-way

P = F/N (point or area of maximum projection) that point on a property which is the greatest distance from neighboring properties, or any area which is 50 feet or more from any neighboring property

L = Proposed sign location measured as the shortest distance from a neighboring property

2.

Projecting wall signs may project over public right-of-way only where there is no required building setback, and no projection is allowed over the rights-of-way of U.S. Highway 12 or 281.

b.

No projecting wall sign shall project above roofline.

c.

Projecting wall signs shall have a minimum clearance of ten feet over a sidewalk and 18 feet over any street, alley or driveway.

(3)

Freestanding signs. A maximum of one freestanding sign per street frontage shall be allowed provided that the building setback is a minimum of 30 feet from the property line. No freestanding sign shall be erected or maintained or so placed that any portion of such sign will be within 30 feet of any corner formed by the intersection of any two streets, rights-of-way or a street right-of-way and the right-of-way of any railroad intersecting said street unless said freestanding sign and support complies with the following requirements:

a.

No portion of said sign shall be less than 12 feet abovegrade.

b.

Open space between bottom of the sign and grade below shall be free of obstruction except for necessary supports.

c.

Supporting members shall be of such size and spacing so as not to materially obstruct view of said intersection.

(4)

Roof sign. Roof signs shall be allowed only on one story buildings.

a.

The maximum height of roof signs shall not exceed ten feet above the roofline of a one story building.

b.

All roof signs must be set back a distance of at least four feet from all the outside walls of the building on or over which they are located. It is the intention of this provision to provide a clear passageway around the sign.

c.

All roof signs shall be installed or erected in such a manner that there shall be no visible support structure.

(5)

Wall/roof signs. Wall/roof signs shall meet all requirements of both projecting wall signs and roof signs.

(6)

Canopy signs. Canopy signs are of two types differentiated primarily by function. Awnings or canopies are designed primarily to provide protection from the elements. Marquees are designed primarily to display changeable messages.

a.

Awnings and canopies may be used by all types of establishments in all surroundings. Only individual cut-out letters and/or symbols may be attached to, painted, stenciled, or otherwise placed on these devices; except that each ground floor activity may display one pedestrian-oriented sign visible from beneath the awning or canopy provided that it does not exceed six square feet in area and is a minimum of seven feet abovegrade. Awnings and canopies may extend to within one foot horizontally of the curb face and may have a minimum height of seven feet from the lowest point, exclusive of supports and braces, on the canopy or awning to the top of the curb.

b.

Marquees shall be subject to the same standards as awnings and canopies with the following exceptions:

1.

Only the following activities may display a marquee: motion picture theaters and facilities featuring eating, drinking and/or entertainment which seat 200 or more persons for a single performance or activity.

2.

The number of items of information in changeable copy shall not be included in the limits set in section 60-342(b).

(Code 2011, § 60-341; Ord. No. 1411, § 5, 3-30-1976; Ord. No. 92-05-02, 6-1-1992; Ord. No. 93-12-02, 12-27-1993; Ord. No. 04-05-01, 6-1-2004; Ord. No. 05-05-1, 5-2-2005; Ord. No. 06-03-02, 4-3-2006; Ord. No. 11-08-05, 9-27-2011; Ord. No. 19-07-02, § 3, 9-11-2019; Ord. No. 24-05-02, § 1, 6-26-2024)

(a)

Unless specifically excluded from these permit requirements, all signs erected within the city and three miles thereof shall require a zoning permit for signs prior to construction. A zoning permit for signs shall be required in addition to any other applicable permits, and shall state or have attached thereto the following information:

(1)

The name and address of the applicant;

(2)

All information required to determine compliance with the provisions of this article; and

(3)

The name of the person, firm, or corporation erecting the sign.

(b)

Every applicant, before being granted a permit, shall pay a fee for each sign to be erected.

(1)

The zoning permit for signs fee shall be as provided in the city fee schedule on file in the office of the finance officer.

(2)

Upon any substantial alteration, replacement, face change or relocation; other than routine maintenance of a sign shall constitute a new sign requiring a zoning permit for signs.

(3)

If a sign is erected without first obtaining a zoning permit for signs, said sign shall be deemed to be illegal and shall be removed within 14 calendar days of receipt of written notification from the planning and zoning department.

(c)

Should any sign, for which a permit has been issued, not be erected within 120 days of the issuance of the permit, such permit shall expire and fees previously paid shall not be refunded.

(Code 2011, § 60-343; Ord. No. 1411, § 7, 3-30-1976; Ord. No. 06-03-01, 4-3-2006)

(a)

Notification of nonconformance. After the enactment of the ordinance from which this article is derived, the administrator shall, as soon as practicable, survey the zoning jurisdiction and identify the signs which do not conform to the requirements of this article. Upon determination that a sign is nonconforming, the administrator shall use reasonable efforts to so notify either personally or in writing the user or owner of the property on which the sign is located of the following:

(1)

The sign's nonconformity; and

(2)

Whether the sign is eligible for characterization either as legal nonconforming or unlawful.

(b)

Signs eligible for characterization as legal nonconforming. Any sign located within the zoning jurisdiction on the date of adoption of the ordinance from which this article is derived, which does not conform with the provisions of this article, is eligible for characterization as a legal nonconforming sign and is permitted, provided it also meets the following requirements:

(1)

The sign erected under a permit issued of the ordinances in effect at the date of erection.

(2)

The sign is properly maintained, and is not prohibited or otherwise to be discontinued or removed under the provisions of this article.

(c)

Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:

(1)

The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this article than it was before the alteration;

(2)

The sign is relocated;

(3)

The sign is replaced; or

(4)

Upon the occurrence of situations in subsections (c)(1) through (3) of this section the sign shall be immediately brought into compliance with this article with a new permit secured therefor, or shall be removed.

(d)

Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this article regarding safety, maintenance and repair of signs; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status.

(e)

Conversion of existing nonconforming off-premises sign to electronic message board sign. Notwithstanding any other provision of this Code, any existing static off-premises sign structure constructed as a result of a permit or board of zoning adjustment approval prior to September 11, 2019, shall be considered a legal sign and may be converted to an electronic message board sign structure, by the current permit holder, at the same height and location of the sign cabinet as it currently exists, as long as such sign is brought into compliance with all other current sign ordinances; provided, however, that no static off-premises sign closer than 150 feet to a residential area may be converted to an electronic message board sign, unless such sign was previously granted a closer distance variance from such residential area, and no converted electronic message board sign structure may be displayed closer than 600 feet to any other off-premises electronic message board sign structure. A converted electronic message board sign shall comply with all other provisions of the Code. A sign building permit is required to make the conversion allowed by this subsection.

(Code 2011, § 60-344; Ord. No. 1411, § 8, 3-30-1976; Ord. No. 19-07-02, § 5, 9-11-2019)

(a)

The purpose of this article is to protect the public safety, health, and welfare from, among other things, illuminated or electronic message board signs that may interfere with traffic safety, or may be confused with or construed as traffic control devices. This section provides that certain violations of this article may be corrected immediately and that resistance to enforcement will result in enhanced penalties and remedies.

(b)

Penalties. In addition to the penalties set forth at section 60-222, a violation of this article shall incur the following penalties:

(1)

Original offense. When an illuminated sign or electronic message board sign is in violation of this article, a violation ticket shall be served with the initial offense fine being $200.00, plus court costs.

(2)

Subsequent offenses. If, after the first violation ticket, the violation continues at least one hour thereafter or another violation by such sign occurs within seven days thereafter, a second violation ticket shall be served with the second offense fine being $300.00, plus court costs. Any continuing or recurring violations thereafter may be enforced with the fines being increased as follows:

a.

Third offense is $400.00, plus court costs; and

b.

Fourth offense, and each offense thereafter, is $500.00, plus court costs.

The total fines may not exceed $500.00 in any given day.

(c)

Remedies. In addition to the remedies set forth at section 60-223, the zoning inspector may take the following remedial actions when an illuminated sign or electronic message board sign is in violation of this article or three violations by such sign occur within a period of seven days, and the zoning inspector determines that the condition or recurring condition creates a public safety hazard:

(1)

Immediately stop, correct, or remove such violation by shutting off, disabling, covering, or removing the sign for a 48-hour period, without the notice and order described in this chapter; and

(2)

Prohibit operation of the sign for a period not to exceed 14 days, upon notice and order as described in this chapter.

(d)

Appeal from a decision of the zoning inspector made under subsection (c)(2) above may be made to the board of zoning adjustment.

(Ord. No. 19-07-02, § 4, 9-11-2019)