The purpose of this article is to coordinate the type, placement, and physical dimensions of signs within the different zones, while protecting property values, creating a more attractive economic and business climate and enhancing and protecting the physical appearance of the community. In addition, the purpose of this article is to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way and generally enhance community development. The regulations set forth herein apply and govern signs in all zones except as otherwise specifically provided within this ordinance.

   The provisions of this article shall apply to the display, construction, erection, alteration, use, location and maintenance of all signs within the city, and it shall be unlawful hereafter to display, construct, erect, alter, use or maintain any sign, except in conformance with provisions of this article. Furthermore, it shall be unlawful to alter, maintain, enlarge, use or display any sign erected or constructed prior to the enactment of this article, except in conformance with this article. Except as specifically provided, the following shall be exempt from the provisions of this article:

   (A)   Signs which are not visible beyond the boundaries of the lot or parcel upon which they are located and/or from any public thoroughfare or right-of-way;

   (B)   Official governmental notices and notices posted by governmental officers in the performance of their duties; governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger. Identification or bulletin board signs accessory to governmental buildings or other facilities shall not be exempt from the provisions of this article;

   (C)   The flag, pennant or insignia of any nation, organization of nations, state, county or city, any religious, civic or fraternal organization, or any educational institution; except when such are used in connection with a commercial promotion or as an advertising device;

   (D)   Works of fine art, which in no way depict, identify or advertise a product or business;

   (E)   Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration;

   (F)   Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices;

   (G)   Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display; and

   (H)   Signs displayed on trucks, buses, trailers or other vehicles which are being operated in the normal course of a business. Such signs shall be magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and shall not break the silhouette of the vehicle. Such signs may indicate the name of the owner or business and be affixed or painted onto moving vans, delivery trucks, contractors’ vehicles and equipment, rental trucks and trailers, and the like; provided that, such signs are clearly incidental to the use of the vehicle in conjunction with a bona fide business and are not for the purpose of display of signs; and, provided that, they are parked or stored in areas appropriate to their use as vehicles, and in such a manner and location on the lot so as to minimize their visibility from any street to the greatest extent feasible. Any sign on an inoperable or unlicensed vehicle shall be covered so it is not visible from any street or right-of-way.

   (A)   General. The following definitions unique to this article are listed below. The terms to be defined have been grouped according to the specific aspects of sign control to which they pertain in order to provide a clearer understanding of the regulations contained later in this article.

      SIGN. Any writing, pictorial representation, form, emblem, trademark, flag, banner, decoration (including material used to differentiate the sign copy from the background) or any figure which is written, printed, projected, painted, constructed or otherwise displayed upon or designed into a building, board, plate, canopy, awning, window, vehicle or upon any object or device which by reason of its form, color, wording, symbol, design, illumination, motion or other characteristic is designed to attract attention to the subject thereof or is used as a means of identification, advertisement, announcement or of illustrating products.

   (B)   Basic sign types by function. The following categories of signs are hereby defined based upon the nature of the information they are intended to provide.

      A-FRAME or SANDWICH BOARD. A freestanding, movable sign, not secured or attached to the ground or any building or structure, composed of a sign panel and supporting structure or one or more panels which form both the structure and sign face, and which is intended to be placed in a sidewalk or pedestrian way. A- frame signs shall not include trailer signs with or without wheels affixed.

      ADVERTISING SIGN. A sign which directs attention to a business, product, service or activity generally conducted, sold or offered elsewhere than on the premises where such sign is located.

      ATTRACTION BOARD. A sign which contains no permanent copy, either letters or emblems, on which copy is changed manually with changeable letters and which announces special activities on the property.

      BULLETIN BOARD. A sign which allows the manual changing of the copy material and is used to notify the public of non-commercial events or occurrences such as church services, political rallies, civic meetings or similar events.

      BUSINESS SIGN. A sign which directs attention to a business, profession, product, activity or entertainment, sold or offered upon the premises where such sign is located, and may include information as for an identification sign.

      CONSTRUCTION SIGN. A temporary sign identifying the project name, the architect, engineer, contractor, financing company, material supplier or others engaged in work on the construction site on which the sign is located. Leasing information, renderings and similar copy shall also be permitted.

      DIRECTIONAL SIGN. A non-commercial sign of an instructional nature, such as “parking”, “exit” or “entrance” displayed solely for the convenience of the public, no more than 25% of such sign being devoted to the name or logo of the property, business or profession on the site and containing no business advertising, or product trade name identification or listing of any product sold or offered on the premises.

      GOVERNMENT SIGN. A temporary or permanent sign erected by any government body for traffic direction, or for designation or direction to any school, hospital, park, historic site or other service, property or facility; provided that, such signs not contain business advertising of any kind.

      HISTORIC MARKER. A sign or emblem which commemorates or identifies an event, past ownership of property or age of a building.

      INCIDENTAL SIGN. A small sign, not exceeding two square feet each, limited to information and directions related to the permitted use on the lot or building on which the sign is located, and containing no direct illumination as defined in this article. Such signs shall not include information found on a business sign such as the name of the business, business logo, products or services offered and the like. Examples of INCIDENTAL SIGNS would include “no smoking”, “restroom”, “no solicitors”, “no trespassing”, “self service”, “vacancy”, credit card acceptance signs, signs indicating hours of business and similar information.

      IDENTIFICATION SIGN. A sign which establishes the identity of a building or building complex by name or symbol or combines name, street address and/or management and has no direct advertising value.

      MENU BOARD. A freestanding or wall-mounted sign primarily designed for the display of menu items and prices for the purpose of placing orders for such items in conjunction with a restaurant utilizing drive-through service.

      NAMEPLATE. A wall sign which gives only the name, address and/or occupation of the occupant(s) of the building on which it is located.

      POLITICAL SIGN. A temporary sign supporting the candidacy for office or urging action on any other matter on the ballot of a state, local or national election or referendum.

      REAL ESTATE SIGN. A temporary sign indicating only sale or rental of property or buildings on which the sign is erected.

      TEMPORARY SIGN. Any sign or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, plywood or other light materials, with or without frames, and/or intended to be displayed for a limited period of time only.

      TRACT SIGN. A temporary sign advertising the original sale of property in a subdivision.

   (C)   Sign types by means of mounting or erecting. The following categories of signs are hereby defined primarily by the means of mounting or erecting and locational placement upon a building or premises.

      AWNING SIGN.

         (a)   A sign painted on or printed on, or attached flat against, the surface of an awning. As used in this article, AWNING shall be defined as a shelter supported entirely from an exterior wall of a building consisting of cloth or other similar non-rigid material supported by a frame.

         (b)     UNDER AWNING OR UNDER CANOPY SIGNS. A small sign, limited to four square feet, attached to and suspended from the underside of a canopy or awning and having a clearance of not less than eight feet.

      CANOPY SIGN. A sign painted, printed or attached flat against a surface of a canopy. As used in this article, CANOPY shall be defined as a permanently roofed shelter covering a sidewalk, driveway or other similar area, which shelter may be wholly supported by a building or may be wholly or partially supported by columns, poles or braces extended from the ground.

      FREESTANDING SIGN. A sign, not attached to any building, and attached to the ground by poles, braces or other means.

      MARQUEE. A sign used in conjunction with a theater which is attached to, and supported by, the building and generally projects from the building; and, which in addition to permanent copy, may allow for changeable letters.

      MOBILE SIGN. A mobile sign is a sign that is affixed to a frame having wheels or is capable of being carried, or otherwise portable; does not have a permanent foundation; cannot withstand the stress and wind loads of the Building Code; and is designed to stand free from a building or other structure. Signs designed to be affixed to the surface of real estate shall be deemed freestanding signs and not MOBILE SIGNS, but the mere removal of wheels or temporary securing of a sign to the surface of real estate shall not prevent its being a MOBILE SIGN within this definition.

      MONUMENT SIGN. A sign which is permanently attached to or supported by the ground and where the base of said sign is no higher than two feet above grade. A MONUMENT SIGN is not attached or incidentally attached to any structure or building. A MONUMENT SIGN shall include a supporting base composed of stone, brick, concrete textured to look like stone or brick, architecturally treated wood or other similar materials. MONUMENT SIGNS shall be accented with landscaping.

      PAINTED SIGN. Any sign which is applied with paint or similar substance directly to a wall or other surface. Any PAINTED SIGN shall be subject to the regulations of the zone in which it is located.

      PROJECTING SIGN. A sign which is attached directly to a canopy, marquee or wall of a building and which extends horizontally outward from such canopy, marquee or wall more than 24 inches.

      ROOF SIGN. A sign which projects above the cornice of a flat roof, or above the top edge of any roof, including the ridge line of a gabled or hipped roof. Such top edge shall not include any cupolas, pylons, chimneys or other minor projections above the roof line.

      WALL- MOUNTED SIGN. A sign attached parallel to and extending not more than 24 inches from the wall of the building; and includes painted, individual letter and cabinet signs, signs on a mansard, or on a parapet not exceeding three feet in height; and, provided, the parapet extends on at least three sides of a building and signs erected on or against the side of a roof, but not projecting above the roof line. No copy shall be permitted to be displayed on the sides of the sign which are perpendicular to the wall face.

      WINDOW SIGN. A sign which is painted on, applied or attached to, the interior of a window or located within three feet of the interior of a window and which can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included as a part of a WINDOW SIGN.

   (D)   Sign types by design features. The following categories of signs are hereby defined primarily by certain design features of the sign itself.

      ELECTRONIC MESSAGE DISPLAY SYSTEM. A sign with copy or images which includes, but is not limited to, reflective disc, direct illumination, rotating veins, light emitting diodes (LEDs), or liquid crystal diodes (LCDs), and is controlled by means of a central computer or video control system and which has no audible sound. Signs using an ELECTRONIC MESSAGE DISPLAY SYSTEM must meet the following requirements.

         (a)   The display system must display text with white or yellow alphabetic or numeric characters only on a plain background. The text may change only at a minimum of eight second intervals. A maximum of three lines of text is allowed. No motion, flashing, blinking, shimmering, graphics, photographic images or animation is allowed.

         (b)   The area occupied by the message on an electronic message display board may comprise no more than 50% of the allowable sign area.

         (c)   No more than one changeable sign (electronic message system or attraction board with manually changed text) is allowed per lot of record.

         (d)   When the display message changes it must change as rapidly as technologically practicable without any phasing, rolling, scrolling, flashing or blending.

      FLASHING OR BLINKING SIGN. A sign, the illumination of which is not kept constant and which contains an intermittent or sequential flashing light source for the purpose of either attracting attention to the sign or as a method of changing copy.

      ILLUMINATED SIGN. A sign which emits or reflects, either directly or indirectly, artificial light from any source.

         (a)   DIRECTLY ILLUMINATED SIGN. A sign which is lighted by means of an unshielded light source (including neon tubing) which is visible as a part of the sign and where light travels directly from the source to the viewer’s eye.

         (b)   INDIRECTLY ILLUMINATED SIGN. A sign whose light source is so situated as to project light onto the exterior or front of the sign surface, or to project light onto the building facade where the sign is located.

         (c)   INTERNALLY ILLUMINATED SIGN. A sign whose light source is within the sign, with the sign having a transparent or translucent background or cover which silhouettes opaque or translucent letters or designs.

      NON-ILLUMINATED SIGN. A sign which does not emit or reflect artificial light from any source, either directly or indirectly.

      ROTATING OR MOVING SIGN. A sign, any portion of which moves by mechanical means, motion of the wind or other means. Such motion does not refer to methods of changing copy used on an electronic message display system.

   (E)   Other sign types and definitions. The following phrases are hereby defined for the purposes of this article.

      ABANDONED SIGN. A sign and/or supporting structure which no longer identifies a business conducted or product sold on the premises; any advertising sign which no longer directs attention to a bona fide business conducted, product sold or activity or campaign being conducted or for which no legal owner can be found. A sign shall be deemed as ABANDONED when the conditions described above have been in evidence for a period exceeding 180 days. For the purposes of this definition, an advertising sign shall not be deemed ABANDONED solely because the sign has contained no copy for a period exceeding 180 days.

      AREA OF A SIGN. Defined and computed as follows.

         (a)   FREESTANDING OR PROJECTING SIGNS.

            1.   Any double-faced sign shall have only one side, the largest, counted in calculating the area.

            2.   Any sign with three or more sign faces shall have the area calculated by summing the area of the sign faces and dividing by two.

            3.   If the sign is composed of one or two individual cabinets, the area around and enclosing the perimeter of each cabinet or module shall be summed and totaled to determine the area. The perimeter of the measurable area shall not include embellishments such as pole covers, framing, decorative roofing and the like; provided, there is no written copy on such embellishments and their total surface area (excluding pole covers; provided, such covers do not extend more than six inches at any point from any structural member) does not exceed 25% of the otherwise permitted sign area.

            4.   If the sign is composed of more than two sign cabinets, or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single continuous geometric figure shall be the area of the sign. The measurable area shall not include embellishments such as pole covers, framing, decorative roofing and the like; provided, there is no written copy on such embellishments and their total surface area (excluding pole covers; provided, such covers do not extend more than six inches at any point from any structural member) does not exceed 25% of the otherwise permitted sign area.

         (b)   WALL MOUNTED SIGNS. The area shall be within a single-continuous perimeter composed of any straight line geometric figure which encloses the extreme limits of the copy including vertical and horizontal spacing between individual letters, logos and the like.

      BANNER SIGN, PENNANT OR STREAMER. An identification sign, a temporary sign or a business sign made of durable fabric only, and not made of wood, metal or soft or hard plastic, having no enclosing framework. Such banner sign, pennant or streamer may be non-illuminated or indirectly illuminated only.

      BUILDING FRONTAGE. The horizontal, linear dimension of that side of a building which abuts a street, parking area or other unenclosed circulation area open to the general public. Where more than one use occupies a building, the BUILDING FRONTAGE shall be the front width of the portion of the building occupied by that use.

      CLEARANCE OF A SIGN. The least vertical distance between the lowest point of any sign, including the framework, and the established grade at the sign.

      COPY. Any word, letter, number or emblem affixed to the sign surface either permanently or in removable form.

      DOUBLE-FACED SIGN. A sign with two faces either set parallel or up to a 45-degree angle. Any two sign faces set at an angle greater than 45 degrees shall be considered two separate signs.

      FACE OF A SIGN. The vertical area of the sign on which the copy is placed.

      HEIGHT OF A SIGN. The vertical distance measured from the highest point of the sign, including the frame and any embellishments and the established grade at the adjacent street.

      ILLEGAL SIGN. A sign which does not meet the requirements of this ordinance and which is not non-conforming.

      NON-CONFORMING SIGN. A sign which was legally erected, but which does not comply with the adopted sign regulations of this ordinance for the zone in which it is located.

      SETBACK OF A SIGN. The horizontal distance between any street right-of-way and a freestanding sign and/or its supporting structure. The measurement shall be taken at the closest point proximity between the right-of-way and any part of the sign or structure.

      STREET FRONTAGE. The linear distance between the lot lines measured along the abutting public or private street.

   (A)   No sign, except as specifically exempted herein, shall be displayed, erected, relocated or altered unless and until a permit has been issued by the Zoning Administrator Official.

   (B)   Application materials shall be as required by the Zoning Administrator and shall include, but shall not be limited to, the following:

      (1)   A completed application form;

      (2)   A site plan and/or building elevation drawing, showing the location of the proposed sign(s) on the lot and/or building, including setbacks;

      (3)   Detailed sign information, including type of construction, method of illumination, dimensions, copy, method of mounting and/or erecting and other similar information;

      (4)   The written consent of the owner of the underlying real property or authorized agent; and

      (5)   A permit fee in an amount determined by the city.

   (C)   Signs may be erected or constructed only in compliance with the approved permit.

   (A)   Enforcement. No sign shall be erected, maintained or continued unless it is in full compliance with the regulations of the zone in which it is located, all applicable provisions and regulations of this ordinance or any other applicable laws, codes or ordinances of the city. The Zoning Administrator shall have the duty and authority to remove or cause to have removed any sign not in full compliance with all applicable provisions and regulations of this ordinance or any other applicable laws, codes or ordinances of the city when the owner or agent has failed to comply within the time specified by the Zoning Administrator to make said sign comply. Said owner or agent shall bear the full costs of such removal and shall be billed accordingly.

   (B)   Location of signs. Permitted signs may only be located on the property for which the permit is granted.

   (C)   Removal of real estate signs. All real estate and tract signs shall be removed within ten days after completion of sales activities in connection with the property or tract to which they pertain.

   (D)   Illuminated signs near residential zones. Illuminated signs shall be located in a fashion which minimizes, to the greatest feasible extent, the direct rays of such illumination penetrating into any residential zone or property used for residential purposes.

   (E)   Imitation of official signage. No light, sign or other advertising device shall be designed or erected in such a manner or location as to imitate or resemble any official traffic sign, signal or device or use any words, phrases, symbols or characters implying the existence of danger or the need to stop or maneuver the vehicle.

   (F)   Signs on trees, utility poles or other structures. No sign shall be attached to or painted on the surface of any tree, utility pole, street light standard or dilapidated structure.

   (G)   Neon signs. Neon lighting and tubing and other exposed light sources not exceeding 100 watts per bulb may be used on signs where signs are permitted to be directly illuminated as defined in this article. However, no such lighting may be used to outline buildings, structures or ornamental features.

   (H)   Signs within sight triangles or right-of-way. No sign (except for government signs) may be located within the required sight triangle of any intersection, nor within or projecting into the public or private street right-of-way, except as specifically permitted herein.

   (I)   Signs for non-conforming uses. Signs accessory to legal non-conforming uses shall be permitted and shall be subject to the regulations of the zone in which the use is located.

   (J)   Location of allowable signage based on street frontage. Where signs are permitted on a lot on a per frontage basis under this article, such signs shall be located and oriented to the distinct street frontage by which the sign is permitted. In addition, for freestanding signs permitted on a lot on a per frontage basis, the signs on that lot may not be closer than 75 feet from each other as measured in a straight line.

   (K)   Signs as a percentage of wall area. Where wall signs are permitted as a percentage of the wall area to which they are attached, such wall area shall include all windows, doors and wall area of the building in one plane of elevation. Where the building or wall face is broken or irregular in relation to a single vertical plane perpendicular to the ground (by such architectural features as dormers, pitched roofs, awnings and the like), the requirements may be applied in one of two ways:

      (1)   The total building face may be considered as one, two-dimensional wall and number of signs permitted and maximum area requirements applied on that basis; and

      (2)   Where each individual plane created by the architectural feature projects or is recessed by 12 inches or more, each plane may be considered as a separate wall, and number of signs permitted and maximum area requirements applied on that basis. However, the total square footage of the permitted signs shall not exceed the square footage permitted above, and no sign shall be oriented in a direction other than that of the building face under consideration.

   (L)   Incidental signs. No incidental sign shall be attached to a freestanding or monument advertising sign, business sign, identification sign or directional sign.

   (M)   Canopy signs as part of allowable wall signage.

      (1)   Canopy signs shall be counted as a part of and limited to the percentage allowable for wall signs.

      (2)   The height of canopy signs shall not exceed 20 feet.

      (3)   For any case where the vertical dimension of the canopy face exceeds three feet, only three feet of the vertical dimension shall be used for computing the area of such facing, and any sign or sign cabinet permitted shall have a maximum vertical dimension of three feet.

   (N)   Signage for multiple uses. Where more than one use occupies a building, the permitted sign area shall be based on the building frontage of that use.

   (O)   Permitted sign area based on frontage. Street or building frontage used as a basis of determining permitted sign area for a building or use shall not be used as the basis for determining the permitted sign area for another building or use.

   (P)   Distance. No signs shall be erected, maintained, replaced, relocated, repaired or restored within a distance of 660 feet of the right-of-way of any interstate highways, limited access highway or turnpike, except as provided for in KRS 177.830 through 177.890 and approved by the Kentucky Department of Transportation, Bureau of Highways, District Office No. 6, as amended.

   The following signs shall not require a permit. However, such signs are subject to applicable restrictions contained within this article, and the Zoning Administrator shall take enforcement action against any such sign which does not conform to the specified requirements:

   (A)   Political signs;

   (B)   Nameplates;

   (C)   Government signs;

   (D)   Real estate signs;

   (E)   Incidental signs;

   (F)   Window signs; and

   (G)   The changing of copy on a billboard, attraction board, marquee, informational sign or electronic message display system.

   The following signs and/or sign features shall be prohibited in all zones:

   (A)   Mobile signs;

   (B)   Any sign attached to, or placed on a vehicle or trailer parked on public or private property. A vehicle may not be used as a support device for a temporary sign;

   (C)   Vehicles whose primary purpose is the display of signs shall be considered a mobile sign and are prohibited;

   (D)   Advertising signs;

   (E)   Projecting signs (except as permitted in the Old Town Business Zone (B-1));

   (F)   Roof signs;

   (G)   Flashing signs, blinking signs or signs with motion, shimmering, graphics, photographic images or animation;

   (H)   Rotating or moving signs;

   (I)   Abandoned signs;

   (J)   Streamers, pennants and tag signs or similar signs or devices made of wood, plastic, metal or similar material, other than cloth, except when attached to a permitted temporary sign;

   (K)   Any sign which emits any noise, odor or visible matter for the purpose of attracting attention to the sign. No device which emits noise may be used for advertising purposes in any zone;

   (L)   Any free standing sign, any portion of which overhangs any part of a building;

   (M)   Signs constituting a nuisance, because of light, glare, focus, noise, animation, flashing, intensity of illumination as to unduly disturb the use of surrounding properties as determined by the Zoning Administrator, or causing a traffic hazard; and

   (N)   Any sign which is misleading, fraudulent, obscene, immoral, indecent or unsightly in character as determined by the Zoning Administrator.

   The following signs shall be permitted within all zones, subject to the restrictions specified:

   (A)   Government signs with no restrictions on size, number or location;

   (B)   Political signs, not exceeding eight square feet in area and removed within ten days after the election they pertain to;

   (C)   Real estate signs, limited to one sign per street frontage; non-illuminated; not exceeding 16 square feet in area on commercially zoned property abutting U.S. 27 or 32 square feet in area on properties abutting the AA Highway or eight square feet in area in all other areas and zones; and removed within ten days after completion of the sale or lease of the property to which they pertain;

   (D)   Construction signs, not exceeding 64 square feet, limited to one per street frontage in multi-family residential, office, business and industrial zones; or where one sign is to be utilized, the permitted sign area may be totaled by summing the square footage permitted on each street frontage. In single-family residential zones, construction signs shall not exceed 32 square feet and shall be limited to one per street frontage. All construction signs shall be non-illuminated or indirectly illuminated and shall be removed prior to issuance of an occupancy permit for the structure to which they pertain;

   (E)   Tract signs, set back from any street as required for a principal structure within the zone; non-illuminated, and further regulated as follows.

      (1)   Where the subdivision contains 25 lots or less, the sign area shall not exceed 64 square feet.

      (2)   Where the subdivision contains more than 25 lots, the sign area shall not exceed 100 square feet.

      (3)   Each subdivision shall be permitted one tract sign per arterial or collector street frontage; provided, the total number of signs shall not exceed four signs.

   (F)   Incidental signs;

   (G)   Temporary signs and temporary advertising displays, not specifically otherwise regulated, in accordance with the following conditions.

      (1)   A temporary advertising permit shall be obtained prior to the placement, out of doors, of any combination of banners, posters, signs, pennants, flags, as well as strings of lights or spotlights. The procedure for obtaining a temporary advertising display permit shall be the same as the procedure for obtaining a sign permit, except for that the permits issued must contain the dates the advertising devices will be utilized. Any temporary advertising display shall meet all other safety and setback requirements.

      (2)   Temporary signs, except those utilized by non-profit agencies and otherwise provided for herein, shall be permitted, for not more than 14 consecutive calendar days or not more than two weeks of any calendar year. Non-profit agencies may display temporary signs for a period not to exceed 30 consecutive calendar days. A period of 90 days must elapse before another such permit is issued for the same business or to the same agency. Any establishment shall be allowed up to three temporary advertising display permits in any one calendar year; provided, however, that, the foregoing temporary sign regulations, as described in this text above, shall be enforced as prescribed in this division (G)(2), with one exception relative to any new initial start up business. A temporary sign shall be permitted for a maximum period of 90 days for any new initial start up business. This temporary sign shall follow predetermined sign requirements and subject to the approval of the Zoning Administrator. This will be a one-time 90-day waiver of the said temporary sign permit of not more than 14 consecutive calendar days or no more than two weeks of any calendar year.

      (3)   Temporary signs shall not exceed 100 square feet in surface area per use where non-rigid materials are used; and shall not exceed 32 square feet per use where rigid materials such as wallboard or plywood are utilized; and shall comply with the applicable regulations for the zone in which they are located.

   (H)   Historic markers not exceeding six square feet in area, limited to one sign per street frontage.

   The following sign regulations shall be applicable within the zoning categories indicated. Any sign not specifically permitted shall be deemed as prohibited.

   (A)   Conservation (C-O), Residential Rural Estate and Agricultural Zone (R-RE). Permitted signs within these zones may be monument or wall-mounted unless otherwise specified. Signs shall be either non-illuminated or internally illuminated unless otherwise specified. No monument sign shall exceed ten feet in height:

      (1)   One nameplate per residence or other permitted use, not exceeding one square foot in area;

      (2)   One identification sign for a permitted home occupation, not exceeding two square feet in area;

      (3)   One identification sign, for a farm or estate exceeding five acres in size, monument or wall mounted; not exceeding ten square feet in area;

      (4)   One identification sign for a permitted kindergarten, nursery school, day care center or child care center, wall mounted not more than seven feet above ground level; not exceeding two square feet in area;

      (5)   One identification sign for a permitted church or school for academic instruction, monument, or wall mounted; not exceeding 32 square feet in area; not exceeding eight feet in height if monument; in addition, one bulletin board, freestanding or wall mounted, not exceeding 12 square feet in area and eight feet in height;

      (6)   One identification sign for any permitted use not otherwise specifically provided for, monument or wall mounted; not exceeding 32 square feet in area; not exceeding eight feet in height if monument;

      (7)   One non-illuminated business sign advertising agricultural products grown or raised on the premises, freestanding, monument or wall mounted; not exceeding 32 square feet in area; and

      (8)   Subdivision entrance identification signs of permanent construction, monument or wall mounted; one sign not exceeding 50 square feet in area or two signs not exceeding 25 square feet in area; not exceeding six feet in height if monument; no more than two per entrance; not more than two entrances to be identified.

   (B)   Low Density Residential Zones (R-1A, R-1B, R-1C R1-D, R1-V). Permitted signs within these zones shall be wall signs unless otherwise specified; signs shall be either non-illuminated or internally illuminated. Minimum setback for any free standing sign or monument sign permitted under this section shall be one-half the minimum front yard requirement for the zone in which the sign is to be located; and no less than ten feet in any case:

      (1)   One nameplate per residence or other permitted use, not exceeding one square foot in area;

      (2)   One identification sign for a permitted home occupation, not exceeding two square feet in area;

      (3)   One identification sign for a permitted kindergarten, nursery school, day nursery or child care center, wall mounted not more than seven feet above ground level; not exceeding two square feet in area;

      (4)   One identification sign for a permitted church or school for academic instruction, monument or wall mounted; not exceeding 32 square feet in area; not exceeding eight feet in height if monument; in addition, one bulletin board, freestanding, monument or wall mounted, not exceeding 12 square feet in area and eight feet in height;

      (5)   One identification sign for any permitted use not otherwise specifically provided for, monument or wall mounted; not exceeding 32 square feet in area; not exceeding eight feet in height if monument; and

      (6)   Subdivision entrance identification signs of permanent construction, monument or wall mounted; one sign not exceeding 50 square feet in area or two signs not exceeding 25 square feet in area; not exceeding six feet in height if monument; no more than two per entrance; not more than two entrances to be identified.

   (C)   High Density Residential Zones (RMHP, R-2, R-3). Permitted signs within these zones shall be monument or wall mounted signs unless otherwise specified; signs shall be either non-illuminated or internally illuminated:

      (1)   Signs as permitted and regulated under division (B) above (Low Density Residential Zones) above; and

      (2)   One identification sign for a multi-family residential building or mobile home park containing four or more dwelling units, monument or wall mounted; not exceeding 32 square feet in area; not exceeding eight feet in height if monument. A minimum setback of at least 15 feet from any street.

   (D)   Professional Office Building Zone (PO), Public Facilities (PF) and Continuing Care Retirement Communities Zone (CCRC). Permitted signs may be monument or wall mounted as specified; signs shall be non- illuminated or internally illuminated unless specified otherwise. No monument sign shall exceed ten feet in height:

      (1)   Business signs shall be permitted as follows:

         (a)   For individual businesses not in a shopping center or business cluster, one monument business sign shall be permitted per street frontage, with a maximum of two monument signs; not exceeding 64 square feet per sign;

         (b)   For clustered uses (three or more businesses in a development or shopping center including outlots), one monument business sign per street frontage with a maximum of two monument signs; not exceeding one square foot per linear foot of street frontage sign addresses up to a maximum of 150 square feet. Individual businesses are not permitted a separate monument sign or freestanding sign;

         (c)   Wall mounted business signs. The surface area of wall mounted business signs shall not exceed two square feet per linear foot of wall area. Wall-mounted signs are only permitted on one building elevation directly on, or with high visibility from any arterial, collector, access street or area of major traffic circulation within the development. Businesses located on a corner lot at the intersection of two arterial roads may have wall-mounted signs on the two elevations facing the arterial roads. Only one business sign shall be permitted per wall. In the case of a building containing two or more separate business uses, these requirements shall be applied separately to the wall area of the building space leased, rented or owned by the individual business tenant;

         (d)   One wall mounted or monument sign permitted above may have an attraction board or electronic message display system which covers up to 50% of the permitted sign area;

         (e)   Window signs shall be permitted, limited to no more than 25% of the total window area and direct illumination shall be permitted; and

         (f)   Canopy or awning signs shall be permitted and included in the computation of the maximum permitted sign area and limited to the percentage allowable for wall signs. Under canopy or under awning signs shall be permitted and limited to identification signs.

      (2)   Directional signs not exceeding three square feet in area, not exceeding three feet in height; if freestanding not to exceed two signs per entrance; and

      (3)   One nameplate per tenant or lessee, not exceeding two square feet in area; non- illuminated or indirectly illuminated.

   (E)   Neighborhood Shopping Zone Center Zone (NSC), Highway Commercial Zone (HC), Industrial Park Zone (IP). Permitted signs may be monument, freestanding or wall mounted as specified; signs shall be non-illuminated or internally illuminated unless specified otherwise. No freestanding sign shall exceed 20 feet in height. No monument sign shall exceed ten feet in height.

      (1)   Business signs shall be permitted as follows:

         (a)   For individual businesses not in a shopping center or business cluster, one monument business sign shall be permitted per street frontage, with a maximum of two monument signs; not exceeding 64 square feet per sign. Freestanding signs are not permitted;

         (b)   For clustered uses (three or more businesses in a development or shopping center including outlots), one monument or free standing business sign per street frontage with a maximum of two signs; both signs shall be of the same type (monument or freestanding). Monument signs shall be not exceeding one square foot per linear foot of street frontage where sign is to be located up to a maximum of 150 square feet. Freestanding signs shall not exceed one-half square foot per linear foot of street frontage where sign is to be located up to a maximum of 100 square feet. Individual businesses are not permitted a separate monument sign or freestanding sign;

         (c)   Wall-mounted business signs. The surface area of wall mounted business signs shall not exceed two square feet per linear foot of wall area. Wall-mounted signs are only permitted on one building elevation directly on, or with high visibility from any arterial, collector, access street or area of major traffic circulation within the development. Businesses located on a corner lot at the intersection of two arterial roads may have wall-mounted signs on the two elevations facing the arterial roads. Only one business sign shall be permitted per wall. In the case of a building containing two or more separate business uses, these requirements shall be applied separately to the wall area of the building space leased, rented or owned by the individual business tenant;

         (d)   One wall-mounted, freestanding or monument sign permitted above may have an attraction board or electronic message display system which covers up to 50% of the permitted sign area;

         (e)   Window signs shall be permitted, limited to no more than 25% of the total window area, and direct illumination shall be permitted; and

         (f)   Canopy or awning signs shall be permitted and included in the computation of the maximum permitted sign area and limited to the percentage allowable for wall signs. Under canopy or under awning signs shall be permitted and limited to identification signs.

      (2)   In conjunction with an indoor theater, one marquee, not to exceed 24 square feet per theater; such marquee shall project no more than eight feet from the building face to which it is attached and shall have a minimum clearance of eight feet. In addition, one attraction board or electronic display system attached to one freestanding business sign, not to exceed 24 square feet per theater. The area of the marquee and attraction board shall be included in the computation of the maximum permitted sign area;

      (3)   Directional signs not exceeding three square feet in area, not exceeding three feet in height; if freestanding not to exceed two signs per entrance;

      (4)   One nameplate per tenant or lessee, not exceeding two square feet in area; non- illuminated or indirectly illuminated; and

      (5)   One menu board per restaurant use. All copy (including any logos, restaurant name and the like) shall have a maximum letter height and width of six inches, containing no direct illumination; not exceeding 30 square feet in area; maximum height of eight feet if free standing; and not located so as to have the copy visible to vehicular traffic on any adjacent street.

   (F)   Old Town Business Zone (B-1). Permitted signs may be monument or wall mounted as specified; signs shall be non-illuminated or internally illuminated unless specified otherwise. No monument sign shall exceed ten feet in height:

      (1)   Business signs shall be permitted as follows:

         (a)   For individual businesses not in a shopping center or business cluster, one monument business sign shall be permitted per street frontage, with a maximum of two monument signs; not exceeding 64 square feet per sign;

         (b)   For clustered uses (three or more businesses in a development or shopping center including outlots), one monument business sign per street frontage with a maximum of two monument signs; not exceeding one square foot per linear foot of street frontage sign addresses up to a maximum of 150 square feet. Individual businesses are not permitted a separate monument sign or freestanding sign;

         (c)   Wall-mounted business signs. The surface area of wall mounted business signs shall not exceed two square feet per linear foot of wall area. Wall-mounted signs are only permitted on one building elevation directly on, or with high visibility from any arterial, collector, access street or area of major traffic circulation within the development. Only one business sign shall be permitted per wall. In the case of a building containing two or more separate business uses, these requirements shall be applied separately to the wall area of the building space leased, rented or owned by the individual business tenant;

         (d)   Window signs shall be permitted, limited to no more than 25% of the total window area, and direct illumination shall be permitted;

         (e)   Canopy or awning signs shall be permitted and included in the computation of the maximum permitted sign area and limited to the percentage allowable for wall signs. Under canopy or under awning signs shall be permitted and limited to identification signs; and

         (f)   One projecting sign in place of the wall mounted, canopy or awing signs above which does not project further than four feet from the face of the building and has a clearance of ten feet. The project sign shall not exceed one-half square foot for each linear foot of building width up to a maximum of 32 square feet.

      (2)   Directional signs not exceeding three square feet in area, not exceeding three feet in height; if freestanding not to exceed two signs per entrance;

      (3)   One nameplate per tenant or lessee, not exceeding two square feet in area; non- illuminated or indirectly illuminated; and

      (4)   One A-frame or sandwich board up to eight square feet per panel. A maximum height of 48 inches and a maximum width of 24 inches and non-illuminated. Placement of sign shall allow for four clear feet of sidewalk width. Sign shall only be in place when the business is open. Placement of sign not to restrict egress from parked cars or businesses and not cover the curb line.

   A legal non-conforming sign may continue in existence and shall be properly maintained in good condition. These sign regulations shall not be construed to prevent the strengthening, repair or restoring to a safe condition any sign; but a non-conforming sign shall not be:

   (A)   Changed to another non-conforming sign; except where only the faces or the messages are changed, or where the sign is reduced in height, size or area;

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

   (C)   Altered so as to increase the degree of non-conformity of the sign;

   (D)   Expanded or enlarged;

   (E)   Re-established after its discontinuance for 90 days; and

   (F)   Moved to a new location on the building or lot.

   If any sign is installed, erected, constructed or maintained in violation of any of the terms of this article, the Zoning Administrator shall notify the owner or lessee thereof in writing to alter such sign so as to comply with this ordinance. The order to comply shall specify those sections of the ordinance that the individual is deemed to be in violation of and shall state a time limit for compliance. Mobile signs prohibited under § 9.6(A) of this ordinance are illegal signs and are subject to immediate enforcement action. Any decision by the Zoning Administrator may be appealed to the city’s Board of Adjustment or the city’s Code Enforcement Board in accordance with § 13.14 of this ordinance.

   Every sign, including those signs for which a permit is not required, shall be maintained in good condition at all times:

   (A)   Any painted wall sign shall be repainted at least once every three years;

   (B)   All signs which contain painted parts shall be kept neatly painted, including metal parts which are not galvanized or of rust resistant materials; and

   (C)   The Zoning Administrator shall have the authority to order the repair, repainting, alteration or removal of any sign which constitutes a hazard to the health, safety or public welfare or which is an eyesore to the community by reason of inadequate maintenance, dilapidation or obsolescence.

   Violation of the provisions of these sign regulations shall constitute a misdemeanor, which shall be subject to the fines and penalties as set forth in § 13.15 for violation of this ordinance.