The following words, terms and phrases, when used in this article, shall for the purpose of this article, have the meanings respectively ascribed to them in this article, except where the context otherwise requires:

Awning means any collapsible structure with a frame attached to a building and projecting over a thoroughfare when the awning is so erected as to permit its being raised to a position flat against the building when not in use.

Canopy means any structure, other than an awning, made of cloth or metal frames attached to a building, projecting over a thoroughfare.

Double face sign means a sign manufactured in the form of a box or sphere with equipment installed therein providing for the illumination thereof or of a single material maintaining a sign on each side.

Erect means to build, construct, attach, hang, place, suspend or affix, and includes the painting of wall signs.

Facing (surface) means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

Ground sign means any sign supported by uprights or braces placed on the ground and not attached to any building.

Horizontal projecting sign means any projecting sign which is greater in width than in height.

Illuminated sign means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as a part of the sign proper.

Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

Marquee means any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.

Sign means every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person when the sign is placed out of doors in view of the general public;

Structural trim means the molding, battens, cappings, nailing strips, latticing and platforms which are attached to the sign structure.

(Code 1985, § 12-501)

Cross reference— Definitions generally, § 1-2.

(a)

Any person convicted of violating the provisions of this article or of failing to act or comply with the provisions of this article shall be punished as provided in section 1-11.

(b)

Each day that a violation or failure to comply exists shall constitute a separate and distinct offense, and any one or more of such offenses may be set out in any complaint.

(Code 1985, § 12-504)

No person shall engage in the alteration, construction, enlargement, removal, relocation or repair of any sign or other advertising structure without having first obtained the necessary permits from the inspection department.

(Code 1985, § 12-502)

A sign review committee is established consisting of the city's public works director, the chief of police and the planning director of the city, or their designees. The sign review committee shall review and approve applications for permits upon request of the inspection department or applicant, or as it deems advisable. The sign review committee shall also have the power to review the application and enforcement of this article and any questions of interpretation. An appeal may be had from the decision of the sign review committee to the city council and from the city council to the district court.

(Code 1985, § 12-503)

All signs or other advertising structures which are constructed on street lines, or within five feet thereof, shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude therefrom, except electrical reflectors and devices which may extend over the top and extend in front of the advertising structures.

(Code 1985, § 12-511)

Goose neck lights shall be permitted on ground signs, roof signs and wall signs, provided, however, the lights shall be placed so as to concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

(Code 1985, § 12-512)

It is unlawful for any person to maintain any sign which extends over public property which is wholly or partially illuminated by more than 30 footcandles per square foot.

(Code 1985, § 12-513)

Every sign or other advertising structure erected shall have painted in a conspicuous place thereon, the date of erection, the name of the person that erected the sign or other advertising structure and the voltage of any electrical apparatus used in connection therewith.

(Code 1985, § 12-514)

(a)

No person shall erect, relocate or maintain a sign which prevents free ingress to or egress from any door, window or fire escape.

(b)

No person shall attach any sign to a standpipe or fire escape.

(c)

No person shall erect any sign or other advertising structure 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 its position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of the words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic.

(d)

No person shall locate any sign in the sight triangle as set forth in the article III of this chapter.

(Code 1985, § 12-515)

Any sign now or hereafter existing which for a period of more than a year no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within ten days after written notification from the inspection department, and, upon failure to comply with such notice within the time specified in such order, the inspection department is authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

(Code 1985, § 12-516)

(a)

Though the following signs are subject to the provisions of sections 58-639 and 58-635, the other provisions of this article shall not apply to:

(1)

Real estate signs not exceeding six square feet in area which advertise the sale, rental or lease of the premises upon which the signs are located and will be removed as soon as premises are leased, hired or sold;

(2)

Professional nameplates, not exceeding two square feet in area;

(3)

Signs painted on the exterior surface of a building or structure; provided, however, should those signs have raised borders, letters, characters, decorations or lighting appliances, they shall be subject to the provisions of this article;

(4)

Bulletin boards of an area not exceeding three feet by four feet installed on the property of or servicing any public charitable or religious institution shall be exempt from the payment of a fee for such bulletin board providing the bulletin board complies with all of the other provisions set forth in this article. In no event shall such other signs exceed a height of 12 feet or a total area of 24 square feet;

(5)

Signs denoting the architect, engineer or contractor when placed upon work under construction and not exceeding 16 square feet in area;

(6)

Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two square feet in area;

(7)

Memorial signs or tablets, names of buildings and date of erection when put into any masonry surface or when constructed of bronze or other noncombustible materials;

(8)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such temporary, emergency or nonadvertising signs as may be approved by the city council;

(9)

Home business signs;

(10)

Rental signs for apartment complexes which do not exceed 40 square feet; and

(11)

Temporary bulletin boards or signs not exceeding 20 feet in height and 30 feet in length which are installed solely for the purpose of advertising any subdivision and which will not be for lease or hire. Such bulletin boards and signs shall be removed immediately upon completion of the sale of the sites in the particular subdivision or when it is determined that such sign is not maintained in satisfactory condition.

(b)

The sign review committee shall consider and approve exemptions from this article upon request of the inspection department, the applicant or as it deems advisable.

(Code 1985, § 12-517)

(a)

Any sign or other advertising structure found to be unsafe or insecure by the inspection department, to be a menace to the public, constructed or erected or maintained in violation of the provisions of this article, or any other ordinance, shall be removed or altered by the permittee or owner of that sign or structure, so as to comply with the standards required by this article within ten days after notice to remove or alter has been given by the inspection department.

(b)

Upon failure to remove or alter the sign or other advertising structure, the inspection department may subsequently remove such sign or structure and charge costs to the permittee or owner.

(Code 1985, § 12-518)

All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of area and shall be constructed to receive dead loads as required by this article.

(Code 1985, § 12-519)

No advertising shall be placed on any awning or canopy, except that the name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space not exceeding eight inches in height on the front and side portions thereof.

(Code 1985, § 12-521)

(a)

All awnings shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare. With the exception that if cloth, such trim or valance may extend as much as 12 inches below.

(b)

All canopies shall be constructed and erected so that the lowest portion thereof shall not be less than eight feet above the level of the sidewalk or public thoroughfare.

(Code 1985, § 12-522)

(a)

No awning or canopy shall be permitted to extend beyond a point 24 inches inside the curb line.

(b)

No limitation exists on widths of awnings, provided, however, full compliance with section 58-635 is required. No canopy shall be permitted to exceed eight feet in width.

(Code 1985, § 12-523)

(a)

Every awning shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted for awnings or canopies. No awning shall be attached to the wood, jambs, frames or other wood members of a building (frame buildings excepted) when such building is less than ten feet from public property.

(b)

The framework shall be designed and approved by the inspection department. All frames and supports shall be of metal and designed to withstand a wind pressure a provided in section 58-643.

(Code 1985, § 12-524)

(a)

All home business signs shall be nonilluminated and not more than two square feet in area.

(b)

Combustible materials may be used on home business signs.

(c)

Home business signs shall be safely and securely attached to main or accessory buildings. Only one sign will be allowed advertising the business. Attachment shall not be greater than six feet above ground level.

(Code 1985, § 12-525)

(a)

All ground signs for which a permit is required under this article shall have a surface or facing of incombustible material if illuminated and approved by the inspection department.

(b)

All letters, figures, characters or representations in cut-out or irregular form, maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure and shall comply with section 58-635.

(Code 1985, § 12-526)

(a)

No person shall erect any ground sign whose total height is greater than 40 feet above the level of the street upon which the sign faces or above the adjoining ground level, if such ground level is above the street level.

(b)

Ground signs shall have an open space not less than two feet between the base line of the sign and the ground level. This open space may be filled in with a platform or decorative lattice work which does not close off more than one-half of any square foot of such open space. No ground sign shall be nearer than two feet to any other sign, building or structure, provided that this shall not apply to double faced signs.

(c)

The leading edge of all ground signs shall have a front yard setback of not less than eight feet from the front property line of all frontages and observe the side and rear yard setbacks for accessory structures of the district.

(d)

In C-1 neighborhood commercial district, C-2 general commercial district, I-1 restricted light industrial district, I-2 light industrial district and I-3 heavy industrial district where strict application of the 25-foot setback creates a severe hardship involving the location of a sign in relation to the overall site, a modification may be granted upon written request of the property owner stating the reasons for the modification and upon approval of three-fourths vote of the attending membership of the city metropolitan area planning and zoning commission.

(Code 1985, § 12-527; Ord. No. 24-13, § 1, 11-4-2024)

All marquees, including the anchors, bolts, supports, rods and braces thereof shall be constructed of noncombustible materials, shall be designed by a structural engineer and shall be approved by the inspection department.

(Code 1985, § 12-528)

(a)

No portion of a marquee shall be less than nine feet above the level of the sidewalk or other public thoroughfare. However, in case of a unique or peculiar circumstance due to the design or construction of a building, this height may be reduced to no less than eight feet over a sidewalk with permission of the inspection department.

(b)

No marquee shall be permitted to extend beyond a point two feet inside the curbline.

(c)

No marquee shall be wider than the entrance or entrances of the building, plus five feet on each side thereof, provided that where the entrances to a building are not more than 20 feet apart, a marquee may be made a continuous single structure between the entrances.

(Code 1985, § 12-529)

Signs attached to or hung from a marquee shall not extend more than ten inches beyond the border line of the marquee outer edge and shall in no instance be lower than nine feet above the sidewalk or public thoroughfare. No sign or advertising materials shall exceed five feet in height exclusive of the name of the establishment exhibiting such marquee.

(Code 1985, § 12-530)

(a)

Every projecting sign, including the frames, braces and supports thereof, shall be designed by a structural engineer or shall be approved by the inspection department and shall be constructed of noncombustible materials, unless nonilluminated. Face material only may be of hardboard plywood or similar smooth materials.

(b)

The lights shall concentrate the illumination upon the area of the sign and prevent glare upon the street or adjacent property and shall be approved by the inspection department.

(c)

The lettering or advertising designs to be illuminated may be composed of glass or other transparent or semitransparent noncombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least one-quarter inch thick and in case any single piece or pane of glass has an area exceeding three square feet, it shall be wired glass. One section, not exceeding three square feet in area, constructed of wire glass or safety glass shall be permitted on each side of the sign.

(d)

Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened by chains or hinges.

(e)

Except by special permission of the city council, projecting signs shall be limited in area as follows:

(1)

Horizontal projecting signs, 50 square feet on each side; and

(2)

Vertical projecting signs, 100 square feet on each side.

(f)

The distance measured between the principal faces of any projecting sign shall not exceed 18 inches.

(Code 1985, § 12-531)

Every projecting sign shall be placed at least ten feet above the public sidewalk over which it is erected and a distance not greater than two feet from the face of the wall to which it is attached, measuring from the point of the sign nearest thereto, nor shall any sign or part thereof extend nearer the curbline than two feet. Every projecting sign erected over public driveways, alleys and thoroughfares shall be placed not less than 15 feet above the level of same.

(Code 1985, § 12-532)

V-shaped signs consisting of two single faced signs erected without a roof or ceiling shall not be permitted.

(Code 1985, § 12-533)

(a)

Every roof sign including the upright supports and braces thereof, shall be constructed entirely of noncombustible materials; provided, that combustible structural trim may be used thereon.

(b)

Every roof sign shall have a surface or facing of incombustible material if illuminated and approved by the inspection department.

(Code 1985, § 12-534)

(a)

No roof sign shall have a surface area exceeding 750 square feet, nor have its highest point extended more than 20 feet above the roof level or fire wall except with special permission of the inspection department.

(b)

No roof sign illuminated in excess of 60 square feet shall be erected or maintained with the face nearer than five feet to the outside wall toward which the sign faces.

(c)

All illuminated roof signs illuminated in excess of 60 square feet shall have a space at least five feet in height between the base of the sign and the roof level and have at least five feet clearance between the vertical supports thereof.

(d)

No roof sign shall be placed on the roof on any building or structure in such manner as to prevent free passage from one part of the roof to any other part thereof or interfere with openings in the roof.

(Code 1985, § 12-535)

The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political or religious nature.

(Code 1985, § 12-536)

(a)

No temporary sign of combustible material shall exceed four feet in one of its dimensions or 100 square feet in area, and provided such signs in excess of 60 square feet shall be made of rigid materials such as wall board or other light materials with frames.

(b)

Every temporary sign weighing in excess of 50 pounds must be approved by the inspection department.

(Code 1985, § 12-537)

Every temporary sign shall be attached to the wall with wire or steel cables, and no strings, ropes or wood slabs for anchorage or support purposes shall be permitted.

(Code 1985, § 12-538)

(a)

No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than four inches from the wall upon which it is erected and shall not be placed or projected over any wall opening.

(b)

No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape.

(Code 1985, § 12-539)

All wall signs for which a permit is required under this article shall have a surface or facing of incombustible material if illuminated and approved by the inspection department.

(Code 1985, § 12-540)

All wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts or expansion screws of not less than three-eighths inch in diameter embedded in the wall at least five inches; provided, however, that such signs may rest in, or be bolted to strong, heavy metal brackets or saddles set not over six feet apart, each of which shall be securely fixed to the wall as provided in this section. In no case shall any wall sign be secured with wire, strips of wood or nails.

(Code 1985, § 12-541)

(a)

No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached, and any one wall sign shall not exceed an area of 750 square feet, except with special permission of the inspection department.

(b)

No wall sign shall be permitted to extend more than 15 inches beyond the building line and shall not be attached to a wall at a height of less than eight feet above the sidewalk or ground.

(c)

No wall sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape.

(Code 1985, § 12-542)

(a)

"Off-premise sign" shall mean any sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located, except courtesy bench signs at approved public bus stops, traffic signs, regulatory signs, warning signs, or other signs erected by the city or state.

(b)

Off-premise signs are hereby prohibited.

(c)

Any off-premise sign presently located within the city on the date of the adoption of this section or located in an area annexed to the city thereafter, shall be considered as a legal nonconforming sign and is permitted, provided that the sign was in all respects in compliance with applicable law on the date of adoption of this section. If such sign is not in conformance with existing law, such sign must be brought into conformance or removed. Such sign shall be maintained in a good condition and shall be allowed to remain in existence only so long as such sign is not:

(1)

Changed to another nonconforming sign, except that the colors and/or copy may be altered so long as the existing legal, nonconforming sign is not replaced with a new sign.

(2)

Structurally altered (except to meet safety requirements) so as to prolong the life of the sign.

(3)

Expanded.

(4)

Re-established after its discontinuance for 90 days.

(5)

Continued in use after cessation or change of ownership of the business or activity to which the sign pertains.

(6)

Re-established after damage or destruction if the estimated cost of reconstruction exceeds 50 percent of appraised replacement cost as determined by the code enforcement officer.

(Ord. No. 05-11, § 1, 5-2-2005)