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Alliance City Zoning Code

CHAPTER 1134

Signs

1134.01 PURPOSE.

   The purpose of this Chapter is to promote the public health, safety and general welfare through the provision of standards for existing and proposed signs of all types. More specifically, this Chapter is intended to:
   (a)   Enhance and protect the physical appearance of the community.
   (b)   Promote and maintain visually attractive residential, retail, commercial, and mixed use districts.
   (c)   Ensure that signs are located and designed to reduce sign distraction and confusion that may be contributing factors in traffic congestion and accidents, and maintain safe and orderly pedestrian and vehicular environments.
   (d)   Provide review procedures that enable the City to evaluate the appropriateness of a sign to the site, building and surroundings.

1134.02 SCOPE OF REQUIREMENTS.

   It shall be unlawful for any person, firm, or corporation to erect, construct, or alter any sign in the City except in conformance with the provisions of this Ordinance, subject to issuance of a permit, unless specifically exempted below. All temporary ground signs and banner signs except ideological signs shall be registered with the Administrative Official. Furthermore the following signs and displays shall be specifically exempted from and not regulated by this Ordinance:
   (a)   Official traffic signs, government, school or utility signs; or flags of any nation, government or noncommercial organization.
   (b)   Signs not intended to be viewed from the public right-of-way or scoreboards on athletic fields.
   (c)   Cornerstone inscriptions, commemorative plaques or other signs that are part of masonry facades.
   (d)   Gravestones, religious symbols or monuments in cemeteries or monument sales lots.
   (e)   Signs of less than one square foot in sign area such as street numbers on buildings, security system signs or stickers, identification of store hours, emblems of credit cards accepted, seals indicating membership in business or trade associations, and the like.
   (f)   Signs accessory to juvenile activities, such as a child’s lemonade stand or temporary play-related sidewalk markings.
   (g)   Temporary signs used for charity or nonprofit fundraising and not for private gain, or civic or community affairs of a public or semipublic nature.
   (h)   Holiday or other temporary decorations.
   (i)   Other signs similar in nature in the judgment of the Administrative Official to the above signs.

1134.03 ENFORCEMENT.

   (a)   Plans, Specifications, and Permits.
      (i)   Permits. It shall be unlawful for any person to erect, alter, relocate, or structurally change a sign or other advertising structure, unless specifically exempted by this Ordinance, without first obtaining a permit in accordance with the provisions set forth herein. A permit shall require payment of a fee, as noted on a fee schedule as may be established, adopted, and amended from time to time by the Council.
      (ii)   Applications. Application for a sign permit shall be made upon forms provided by the Administrative Official. The following information shall be required:
         (1)   Name, address, and telephone number of the applicant.
         (2)   Location of the building, structure, or lot on which the sign is to be attached or erected.
         (3)   Position of the sign in relation to nearby buildings, structures, and property lines. The Administrative Official may require information to be provided for on a certified survey or drawing sealed by a registered engineer.
         (4)   Plans showing the dimensions, materials, method of construction, and attachment to the building or in the ground.
         (5)   Copies of stress sheets and calculations, if deemed necessary, showing the structure as designed for dead load and wind pressure.
         (6)   Name and address of the person, firm, or corporation owning, erecting, and maintaining the sign.
         (7)   Information concerning required electrical connections.
         (8)   Insurance policy or bond, as required in this Ordinance.
         (9)   Written consent of the owner or lessee of the premises upon which the sign is to be erected.
         (10)   Other information as required by the Administrative Official to make the determination that the sign is in compliance with all applicable laws and regulations.
      (iii)   Review of Application.
         (1)   Commission Review. Sign permit applications submitted in conjunction with the proposed construction of a new building or addition to an existing building shall be reviewed by the Commission as a part of the required site plan review. Proposed sign locations and dimensions must be shown on the site plan.
         (2)   Issuance of a Permit. Following review and approval of a sign application by the Commission and Administrative Official, as appropriate, the Administrative Official shall have the authority to issue a sign permit.
      (iv)   Exceptions. A sign shall not be enlarged or relocated except in conformity with the provisions set forth herein for new signs, nor until a proper permit has been secured. However, a new permit shall not be required for ordinary servicing or repainting of an existing sign, cleaning of a sign, or changing of the message on the sign where the sign is designed for such changes (such as lettering on a marquee or numbers on a gasoline price sign). Furthermore, a permit shall not be required for ideological signs, signplates for residential uses, temporary signs for residential uses and in residential districts, temporary ground signs in nonresidential districts advertising the sale or lease of the property on which they are located, and temporary window signs, provided that all applicable regulations of this Chapter are complied with.
   (b)   Inspection and Maintenance.
      (i)   Inspection of New Signs.   All signs for which a permit has been issued shall be inspected by the Administrative Official when erected. Approval shall be granted only if the sign has been constructed in compliance with the approved plans and applicable Zoning Ordinance and Building Code standards. In cases where fastenings or anchorages are to be eventually bricked in or otherwise enclosed, the sign erector shall advise the Administrative Official when such fastenings are to be installed so that inspection may be completed before enclosure.
      (ii)   Inspection of Existing Signs. The Administrative Official shall have the authority to routinely enter onto property to inspect existing signs. In conducting such inspections, the Administrative Official shall determine whether the sign is adequately supported, painted to prevent corrosion, and so secured to the building or other support to safely bear the weight of the sign and pressure created by the wind.
      (iii)   Correction of Defects. If the Administrative Official finds that any sign is unsafe, insecure, improperly constructed, or poorly maintained, the sign erector, owner of the sign, or owner of the land shall make the sign safe and secure by completing any necessary reconstruction or repairs, or entirely remove the sign in accordance with the timetable established by the Administrative Official. (Ord. 35-07. Passed 3-19-07.)
   (c)   Removal of Abandoned Signs. Whenever a sign is abandoned, as defined herein, the Administrative Official shall document the date of sign abandonment. An abandoned sign shall be removed at such time as the Administrative Official documents that both of the following circumstances exist: (1) a period of greater than 365 consecutive days has elapsed since the date of sign abandonment; and (2) no permit has been issued during such period for the building, building unit and/or use associated with the abandoned sign. However, where a conforming sign structure and frame are typically reused by a current occupant in a leased or rented building, the building owner shall not be required to remove the sign structure and frame in the interim periods when the building is not occupied, provided that the sign structure and frame are maintained in good condition, and that abandoned sign faces are replaced with blank sign faces in during said periods.
   (d)   Nonconforming Signs. No nonconforming sign shall be altered or reconstructed, unless the alteration or reconstruction is in compliance with this Ordinance, except that nonconforming signs shall comply with the following regulations:
      (i)    Repairs and Maintenance. Normal maintenance shall be permitted, provided that any nonconforming sign that is destroyed by any means to an extent greater than 50 percent of the sign’s replacement cost, exclusive of the foundation, shall not be reconstructed. Normal maintenance shall include painting of chipped or faded signs; replacement of sign face; or, repair or replacement of electrical wiring or electrical devices.
      (ii)    Nonconforming Changeable Copy Signs. The message on a nonconforming changeable copy sign or nonconforming bulletin board sign may be changed provided that the change does not create any greater nonconformity.
      (iii)    Substitution. No nonconforming sign shall be replaced with another nonconforming sign.
      (iv)    Modifications to the Principal Building. Beginning on January 1, 2015, whenever the principal building on a site on which a nonconforming sign is located is modified to the extent that site plan review and approval is required, the nonconforming sign shall be removed. In such case, however, the existing sign foundation and wiring may be used to the extent that they conform to all requirements of this Ordinance.
         (Ord. 45-09. Passed 9-8-09.)
   (e)   Appeal to the Board. Any party who has been refused a sign permit for a proposed sign may file an appeal with the Board, in accordance with the provisions of this Ordinance. In determining whether a variance is appropriate, the Board shall, in addition to other review criteria specified in this Ordinance, study the sign proposal, giving consideration to any extraordinary circumstances, such as those listed below, that would cause practical difficulty in complying with the sign standards. The presence of any of the circumstances listed may be sufficient to justify granting a variance; however, the Board may decline to grant a variance even if certain of the following circumstances are present:
      (i)   Permitted signage could not be easily seen by passing motorists due to the configuration of existing buildings, trees, or other obstructions.
      (ii)   Permitted signage could not be seen by passing motorists in sufficient time to permit safe deceleration and exit. In determining whether such circumstances exist, the Board shall consider the width of the road, the number of moving lanes, the volume of traffic, and speed limits.
      (iii)   Existing signs on nearby parcels would substantially reduce the visibility or advertising impact of a conforming sign on the subject parcel.
      (iv)   Construction of a conforming sign would require removal or severe alteration to natural features on the parcel, such as but not limited to: removal of trees, alteration of the natural topography, filling of wetlands, or obstruction of a natural drainage course.
      (v)   Construction of a conforming sign would obstruct the vision of motorists or otherwise endanger the health or safety of passers-by.
      (vi)   Variances from certain sign regulations would be offset by increased building setback, increased landscaping, or other such enhancements, so that the net effect is an improvement in appearance of the parcel, compared to the result that would be otherwise achieved with construction of a conforming sign.
      (vii)   A sign which exceeds the permitted height or area standards of this Ordinance would be more appropriate in scale because of the large size or frontage of the parcel or building.

1134.04 COMPUTATION AND MEASUREMENTS.

   The following regulations shall control the computation and measurement of sign area, sign height, window area and building frontage:
   (a)   Determining Sign Area or Dimension.
      (i)   Sign area shall include the face of all the display area of the sign. Sign area shall not include the frame and structural support unless such structural support is determined to constitute an integral part of the sign design.
      (ii)   For a sign that is framed, outlined, painted or otherwise prepared and intended to provide a background for a sign display, the area of the sign shall be the area of one rectangular shape that encompasses the entire background or frame.
      (iii)   For a sign comprised of individual letters, figures, or elements on a wall or similar surface of a building or structure, or an irregular shaped ground sign, the area of the sign shall be the area of one rectangular shape that encompasses the perimeter of all the elements in the display.
         (1)   When separate elements are organized to form a single sign, but the elements are separated by open space, the area shall be the area of one rectangular shape that comprises all the display areas, including the space between the elements.
         (2)   One minor extension may be permitted to extend above or below the sign area when the area of the extension is less than 25 percent of the open space included in the sign area. For the purposes of this Chapter, only the open space within the sign area that is located above and below the majority of the letters shall be included in the calculation.
         (3)   For ground signs and projecting signs, the sign area shall be computed by the measurement of one of the faces when two identical display faces are joined, are parallel or within 30 degrees of being parallel to each other.
         (4)   Air under a ground sign between supporting posts, air between a projecting sign and the wall to which it is attached, and lighting fixtures and associated brackets shall not be included in the calculation of sign area.
   (b)   Determining Sign Height. The height of a sign shall be measured from the average grade at the base of the sign or support structure to the tallest element of the calculated sign area or support structure. A ground sign on a man-made base, including a graded earth mound, shall be measured from the average site grade prior to the addition of the sign.
   (c)   Determining Building Frontage and Building Unit. For the purposes of these sign regulations, the length of the building wall that faces a public street or that contains a public entrance to the uses therein shall be considered the building frontage.
      (i)   The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
      (ii)   In the case of an irregular wall surface, a single straight line extended along such wall surface shall be used to measure the length.
      (iii)   A building shall have only one building frontage except as otherwise set forth below.
      (iv)   A building shall have two frontages whenever the lot fronts on two or more streets, or the building has a public entrance on a wall other than the wall that faces the street. The property owner shall determine which wall shall be the primary building frontage and which wall shall be the secondary building frontage. Only one outside wall of any business shall be considered its primary frontage and only one additional wall considered its secondary frontage.
      (v)   For multi-occupant buildings, the portion of a building that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit.
   (d)   Determining Window Area. The window area of a building shall be the total glass area of windows on the building frontage. For the purposes of determining window area for ground floor occupants, the ground floor shall be considered to be no more than 15 feet in height above grade.

1134.05 SIGNS FOR RESIDENTIAL USES AND SIGNS IN RESIDENTIAL DISTRICTS.

   (a)   Table I Permitted Signs.
Type of Signs
Uses
Single Family Dwellings
Two-Family, Duplex Dwelling, Townhouses, Stacked Flats
Multiple-Family
Nonresidential
Permanent Signs
Sign Plate - Wall, window or ground
Maximum number
1/dwelling unit
1/dwelling unit
1/dwelling unit
1/building
Maximum sign area
2 square feet
2 square feet
2 square feet
4 square feet
Ground Sign for Use/Development
Maximum number
1/dev. entrance
1/dev. entrance
1/dev. entrance
1/building
Maximum total sign area
32 square feet
32 square feet
32 square feet
32 square feet
Maximum height
5 feet
5 feet
8 feet
8 feet
Minimum setback from right-of-way
25 feet
25 feet
25 feet
10 feet
Wall Sign
Maximum number
n.a.
n.a.
n.a.
1
Maximum area
n.a.
n.a.
n.a.
32 square feet
Temporary Signs
Window Sign or Ground Sign
Maximum total sign area per sign
9 square feet
9 square feet
9 square feet
32 square feet
Maximum height - ground
5 feet
5 feet
5 feet
8 feet
Minimum distance from right-of-way
0 feet
0 feet
0 feet
25 feet
Banner
Maximum number
n.a.
n.a.
1
1
Maximum area
n.a.
n.a.
30 square feet
30 square feet
Maximum height
n.a.
n.a.
8 feet
8 feet
Minimum distance from right-of-way
n.a.
n.a.
25 feet
25 feet
Instructional Signs
Maximum number/entrances
n.a.
n.a.
2
2
Maximum area each sign
n.a.
n.a.
4 square feet
4 square feet
Minimum distance from right-of-way
n.a.
n.a.
0 feet
0 feet
   (b)   Supplementary Regulations for Ground Signs.
      (i)   Ground signs that exceed four square feet in area shall be erected with a minimum of two supporting posts or on a solid base.
      (ii)   Ground signs shall be erected in a landscaped setting.
      (iii)   No part of a ground sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property, nor in the case of a corner lot shall signs, landscaping or appurtenances obstruct the view of vehicles entering or exiting the intersecting streets.
      (iv)   For residential subdivisions, the ground sign shall have a maximum of two sign faces per entrance, and be either a double-faced ground sign or two single-sided sign faces attached to walls or entry features located one on each side of the street entrance.
          (Ord. 35-07. Passed 3-19-07.)
      (v)   For nonresidential uses ground signs may have up to 75 percent of the permanent sign area, or 24 square feet, whichever is less, devoted to changeable copy or electronic message center features.
         (Ord. 45-09. Passed 9-8-09.)
      (vi)   Nonresidential use ground signs shall contain the street address in numerals not exceeding seven inches in height, except for ground signs used by colleges, universities, and other institutions of higher education, in which case no street address shall be required.
   (c)   Supplementary Regulations for Temporary Signs.
      (i)   Temporary signs on property used for residential purposes may be erected for an unspecified time.
      (ii)   For property used for nonresidential purposes, one temporary ground sign shall be permitted for a maximum of 30 consecutive days, not more than 90 days per calendar year.
      (iii)   Vacant parcels in residential districts shall be permitted one temporary sign. The maximum permitted sign area shall be not more than four square feet for every 200 feet of lot frontage or fraction thereof, provided the sign shall not exceed 16 square feet.
      (iv)   Temporary signs that are erected in order to announce or advertise a specific event shall be removed within seven days after the close of such event.
   (d)   Illumination. Permanent signs may be illuminated as provided in Sec. 1134.08 of this Chapter.
   (e)   Instructional Signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed on a lot in a residential district when the lot is devoted to multi-family or non-residential use.

1134.06 SIGNS IN THE B-1, B-2, B-3, B-4, I-1, I-2 AND OS DISTRICTS.

   Signs for all uses other than residential uses in the B-1, B-2, B-3, B-4, I-1, I-2, and OS Districts shall comply with the following standards:
   (a)   Building Signs. The maximum number and area of permanent signs attached to building shall conform to Table 2 below. Building signs include wall signs, window signs, awning or canopy signs and projecting signs.
      (Ord. 35-07. Passed 3-19-07.)
 
Type of Signs
Zoning District
 
B-1, B-2, B-3 or B-4
I-1 or I-2
OS
Signplate
Maximum number per address
1
1
1
Maximum area
2 square feet
2 square feet
2 square feet
Building
Maximum number per occupant
1
1
1
Maximum area per occupant
2 square feet/1 lineal foot of occupant’s building frontage or 300 square feet, whichever is less
2 square feet/1 lineal foot of occupant’s building frontage or 200 square feet, whichever is less
2 square feet/1 lineal foot of occupant’s building frontage or 100 square feet, whichever is less
Maximum area per building
2 square feet/1 lineal foot of building frontage or 300 square feet, whichever is less
2 square feet/1 lineal foot of building frontage or 200 square feet, whichever is less
2 square feet/1 lineal foot of building frontage or 100 square feet, whichever is less
Projecting Sign
Maximum number per
1
1
n.a.
Maximum area permitted
12 square feet
12 square feet
n.a.
 
(Ord. 45-09. Passed 9-8-09.)
   (b)   Window Signs.
      (i)   Ground floor occupants. A window sign shall not exceed 50 percent of the total glass area at the ground floor window and shall comply with the Design Standards for signs.
      (ii)   Upper floor occupants. For a multi-story building, each occupant above the ground floor shall be permitted one permanent sign to be placed in a window of the occupant's space, not to exceed six square feet or 50 percent of the area of the window in which the sign is place, whichever is smaller. These signs shall be in addition to the maximum allowable area for the building signs provided in Table 2.
   (c)   Secondary Frontage or Access. If a building or occupant has frontage on a second street or has access from a second public entrance such as a parking lot an additional sign area may be permitted on the secondary frontage not to exceed 40 percent of the sign area permitted for the primary frontage.
   (d)   Projecting Signs. Projecting signs shall be permitted only in the B-1 and B-3 Districts.
      (i)   Projecting signs shall be limited to occupants that have a minimum of 20 feet of occupant frontage. All projecting signs shall have a maximum height of 14 feet and a minimum clearance of seven feet from the ground to the bottom of the sign, except when the projecting sign is located above a landscaped area or other area that does not permit pedestrian traffic beneath the sign. A projecting sign shall not be permitted to extend into the street right-of-way.
   (e)   Ground Signs. Permanent ground signs permitted in the B-1, B-2, B-3, B-4, I-1, I-2, and OS Districts shall comply with the following regulations in Table 3:
Type of Signs
Zoning District
B-1, B-2, B-3 or B-4
I-1 or I-2
OS
Ground Signs
 
 
 
Maximum number per building
1
1
n.a.
Maximum area per tenant
1 square foot/2 lineal feet of tenant’s building frontage, not to exceed 60 square feet
1 square foot/2 lineal feet of tenant’s building frontage, not to exceed 60 square feet
n.a.
Maximum area per building
1 square foot/2 lineal feet of building frontage, not to exceed 60 square feet
1 square foot/2 lineal feet of building frontage, not to exceed 60 square feet
n.a.
Maximum height
10 feet
10 feet
n.a.
Setback from public right-of- way*
5 feet
5 feet
n.a.
Entrance/Exit Signs
Maximum number
2/drive
2/drive
2/drive
Maximum area per sign
2 square feet
4 square feet
4 square feet
* Except as limited by Sec. 1134.08.b.i. of this Ordinance.
      (i)   Additional Ground Signs. An additional ground sign may be permitted on lots not less than four acres in nonresidential districts for a building or development on a corner lot. The additional sign shall not exceed the area as permitted in Table 3.
      (ii)   Setback from Intersections. On a corner lot ground signs shall comply with the minimum setback provided in Table 3. In addition, no part of a ground sign, the wall or entry feature on which a sign is mounted, or the landscaping shall obstruct the view of vehicles entering or exiting the property, nor in the case of a corner lot shall signs, landscaping or appurtenances obstruct the view of vehicles entering or exiting the intersecting streets.
      (iii)   Minimum Side Yard. Ground signs shall be located not less than 10 feet from a side lot line provided, however, when adjacent to an R-1 or R-2 District or a lot used for residential purposes, a ground sign shall be not less than 20 feet from the side lot line.
         (Ord. 35-07. Passed 3-19-07.)
      (iv)   Changeable Copy. Ground signs may have up to 75 percent of the permanent sign area, or 32 square feet, whichever is less, devoted to changeable copy or electronic message center features.
         (Ord. 45-09. Passed 9-8-09.)
      (v)   Multi-Occupant Facilities. When a ground sign is permitted on a site that has more than one occupant, it is the property owner's responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
      (vi)   Permanent ground signs shall contain the street address in numerals not exceeding seven inches in height, except for ground signs used by colleges, universities, other institutions of higher education, and hospitals, in which case no street address shall be required.
      (vii)   Ground signs shall be erected in a landscaped setting.
      (viii)   The Administrative Official may approve the location of a ground sign less than the required distance from a road right-of-way if it finds the sign will not interfere with traffic sign lines and that the required setback is unreasonable because of existing site condition; provided, however, no ground sign or part thereof shall be permitted in the right-of-way.
   (f)   Temporary Signs. Temporary signs in nonresidential districts may be permitted in addition to the permanent signs as regulated in Section 1134.06(a) through (e) provided:
      (i)   Temporary signs may be ground signs, window signs or banner signs.
      (ii)   The area of a temporary window sign shall not exceed 25 percent of the total transparent glass area of the window in which the sign is placed.
      (iii)   Temporary ground and temporary banner signs are permitted only in the B- 1, B-2, B-3, B-4, I-1, and I-2 Districts provided:
         (1)   There shall be no more than two temporary ground or temporary banner signs each not more than 30 square feet; and
         (2)   Each sign shall have a maximum height of six feet above grade; and
         (3)   Each sign shall not be less than 15 feet from a street right-of-way except the Administrative Official may permit signs less than 15 feet from a street right-of-way in the B-1 District; and
         (4)   Signs shall be permitted for a maximum of 30 consecutive days, and not more than a total of 90 days each calendar year.
      (iv)   Temporary signs that are created in order to announce a specific event shall be removed within seven days after the close of such event.
      (v)   Temporary billboard signs are permitted only in the B-1, B-2, B-3, B-4, I- 1, and I-2 Districts provided:
         (1)   There shall be no more than one temporary billboard sign, not more than six square feet, per parcel; and
         (2)   Each sign shall have a maximum height of six feet above grade; and
         (3)   Each sign shall be outside all street rights-of-way; and
         (4)   Each sign shall have the consent of the owner of the property on which it is located; and
         (5)   Signs shall be permitted for a maximum of five consecutive days, and not more than a total of 30 days each calendar year.
   (g)   Illumination. Permanent signs may be illuminated as provided in Section 1134.08.
   (h)   Instructional Signs. Instructional signs that are clearly intended for instructional purposes shall be permitted as needed and as approved by the Administrative Official.
   (i)   Signs for Residential Uses. Signs for permitted or conditionally, permitted in the residential districts shall conform to the sign regulations provided in Section 1134.05.

1134.07 PROHIBITED SIGNS.

   All signs not expressly permitted shall be prohibited in the City. Such signs include but are not limited to the following:
   (a)   Abandoned signs.
   (b)   Inflatable signs and tethered balloons capable of crossing the property line of the lot on which they are located.
   (c)   Billboard signs, except as expressly permitted as temporary billboard signs in Section 1134.06(f).
   (d)   All other off-premises signs. This prohibition against off-premises signs shall not include the following:
      (i)   Temporary signs for civic or community affairs of a public or semi-public nature, not for private gain; and
      (ii)   In the Downtown Development District, as defined by Section 177.04(h), signs that are expressly permitted by this Ordinance in combination with no more than one off-premises sign. “In combination with” means the permitted sign and off-premises sign are physically attached or affixed together, including but not limited to physically attached or affixed to the same posts or base. For purposes of this subsection (d)(ii), the off-premises sign must comply with all of the following:
         (1)   The off-premises sign must otherwise be in conformance with the provisions of this Ordinance;
         (2)   The off-premises sign must promote or identify a business that is located in the Downtown Development District; and
         (3)   The off-premises sign must be located in the Downtown Development District.
   (e)   Portable, changeable copy signs.
   (f)   Projecting signs except for theaters.
   (g)   Rooftop signs except those signs that appear to be a continuation of the face of the building or a mansard roof so long as the sign does not extend above the upper edge of the mansard roof line.
   (h)   Signs attached to fire escapes or any door or window giving access to any fire escape, except required, legal signs to identify such escape.
   (i)   Signs illuminated by or containing flashing, intermittent, rotating or moving lights, and signs with interior illumination, except as expressly permitted in Section 1134.08(a).
      (Ord. 35-07. Passed 3-19-07.)
   (j)   Signs employing any parts which make use of animation or motion to attract attention or in which the message copy is continuously, electronically changed at a rate exceeding once per 15 seconds.
      (Ord. 45-09. Passed 9-8-09.)
   (k)   Signs displaying nudity or words or pictures of an obscene, pornographic, indecent or immoral character.
   (l)   Signs painted on sidewalks.
   (m)   Signs attached to trees, utility poles, public benches including benches at bus stops, streetlights, or placed on or over any public property or public right-of-way.
   (n)   Signs imitating or resembling official traffic or government signs or signals.
   (o)   No mobile signs shall be erected, constructed, displayed or maintained except those on licensed commercial delivery and service vehicles. Such vehicles shall not be parked in any district closer to the street than the front line of the principal building, unless the principal building has a rear parking area; in which case, all such vehicles shall not be parked closer to the street than the rear line of said building.
   (p)   Window signs that occupy more than 50 percent of the window surface.
   (q)   Temporary directional signs, except as expressly permitted as temporary billboard signs in Section 1134.06(f).
   (r)   Merchandise, equipment, products, vehicles or other items not themselves for sale and placed for attention getting, identification or advertising purposes.
   (s)   Permanent sign erected or attached to accessory structures.
   (t)   Outline lighting of the building or roof line.
   (u)   Internal illumination of all or part of the roof.
   (v)   Any sign not specifically authorized by this Ordinance.
      (Ord. 38-07. Passed 7-16-07.)

1134.08 ILLUMINATION, CONSTRUCTION AND MAINTENANCE STANDARDS.

   In addition to the design, size, type and location of signs, all signs shall meet the following standards:
   (a)   Illumination. Signs shall be permitted to be illuminated as provided in the following:
      (i)   Source. Light sources to illuminate signs may be direct or indirect. Illuminated signs or lighting devices shall employ only a light of constant intensity.
      (ii)   Intensity. Illuminated signs or lighting devices shall employ only a light of constant intensity.
      (iii)   Location and Direction. In no event shall an illuminated sign or lighting device be placed, directed or beamed upon a public thoroughfare, highway, sidewalk or adjacent property so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
      (iv)   No temporary sign shall be illuminated or have the potential to be illuminated.
   (b)   Location of Signs and Construction Standards.
      (i)   No sign shall be placed in such a manner as to obstruct free and clear vision of any traffic on public or private property. Such determination will be made by the Director of Public Safety and Services.
      (ii)   No sign shall be attached to a utility pole, tree, trash receptacle, bench, or any other structure not intended or approved as a sign support.
      (iii)   No sign shall be erected so as to project over and obstruct any window, door, fire escape, balcony, platform stairway, ladder, vent or other means of ingress into a building.
      (iv)   The construction, erection, safety and maintenance of signs shall comply with the Building Code.
      (v)   Signs shall be structurally sound and located so as to pose no threat to pedestrian or vehicular traffic.
      (vi)   Permanent signs shall be constructed and erected to withstand wind pressures of at least 30 pounds per square foot of surface, and shall be fastened, suspended or supported so that they will not be a menace to person or property.
      (vii)   Permanent signs shall be fabricated on and of materials that are of good quality and good durability.
      (viii)   Temporary signs shall be durable and weather-resistant and fastened or anchored sufficiently, whether attached to the building or positioned in the ground.
   (c)   Maintenance. All signs shall be maintained as follows:
      (i)   The property owner, occupant, or other person responsible for the sign shall maintain the sign in a condition fit for the intended use and he or she shall have a continuing obligation to comply with all building code requirements.
      (ii)   If the Administrative Official finds that any sign is unsafe, insecure, or a menace to the public, notice shall be given in writing by the Administrative Official to the owner. The owner of the business shall, within 48 hours of such notification, correct such unsafe condition or remove the sign. In the event of an immediate threat to the public health, safety or general welfare, the Administrative Official may take whatever actions deemed necessary to effect the immediate removal of such sign.
      (iii)   Whenever any sign, either conforming or non-conforming to these regulations, is required to be removed for the purpose of repair, refurbishing, or repainting, the same may be done without a permit or any payment of fees provided that all of the following conditions are met:
         (1)   There shall be no alteration or remodeling to the sign face, lettering (except as otherwise permitted for changeable copy), sign base, sign support(s) of the mounting of the sign itself.
            (Ord. 35-07. Passed 3-19-07.)
         (2)   There shall be no enlargement or increase in any of the dimensions of the sign or its structure.
         (3)   The sign shall be accessory to a legally permitted, conditional, or nonconforming use.
            (Ord. 45-09. Passed 9-8-09.)
      (iv)   The Administrative Official may order any sign to be painted or refurbished whenever needed to keep the sign in a neat and safe condition.

1134.09 NONCONFORMING SIGNS.

   (a)   Maintenance of Nonconforming Signs. Nonconforming signs shall be maintained in good condition and may continue until such sign is required to be removed as set forth in this Section.
   (b)   Alteration, Relocation or Replacement of the Nonconforming Signs. A nonconforming sign shall not be structurally altered, relocated or replaced unless it is brought into compliance with the provisions of this Chapter.
   (c)   Reconstruction of Damaged Sign. If a sign face and/or its support are damaged to the extent where the repair cost exceeds 50 percent of the replacement cost of the sign, the sign shall be removed or brought into compliance. If the repair costs do not exceed 50 percent of the replacement cost of the sign, the Administrative Official may authorize the sign to be repaired, provided all repair work is completed within 60 days of the date the damage was incurred.
   (d)   Termination. A nonconforming sign shall immediately lose its legal nonconforming status, and shall be brought into conformance with this section or removed, when any of the following:
      (i)   The size or shape of the sign in changed.
         (Ord. 35-07. Passed 3-19-07.)
      (ii)   The sign face (except where otherwise permitted for changeable copy) or sign structure is altered, except where otherwise permitted for normal maintenance.
         (Ord. 45-09. Passed 9-8-09.)
      (iii)   If the property upon which the sign is located ceases to be used for a period of two years or more.

1134.10 DESIGN STANDARDS.

   All permanent signs shall comply with the following design standards:
   (a)   Overall Designs of Signs.
      (i)   Elements of the sign shall create an overall cohesive design, reflect simplicity, avoid visual clutter and insure legibility.
      (ii)   The message shall be easy to read from the intended vantage point, public street, public sidewalk, or public parking lot but not be out of scale with the building, site, or streetscape. The ratio of the message to the background shall permit easy recognition of the message. Lettering size shall be the size needed to ensure the sign can be seen from the intended distance. For awning signs, the sign graphics shall be located on a portion of the awning fabric that hangs perpendicular to the horizontal plane of the ground, below the awning’s support structures.
   (b)   Relationship to Building Architecture.
      (i)   Variety in the design of signs among different storefronts shall be encouraged when the architecture of the building(s) suggests variety.
      (ii)   Storefront with common architectural elements shall have signs that share continuity of design so that the placement and design of individual signs contribute to the cohesive appearance created by the common architectural elements. For example, a series of storefronts that, because of their architecture and design, have the appearance of a single building shall have occupant signs that share common elements.
   (c)   Placement of Signs on Buildings. All signs shall be reviewed for their impact on the overall building façade. The sign and associated lighting fixtures shall compliment the architecture of the building on which it is placed and shall be placed in an appropriate location on the building façade.
   (d)   Ground Signs. Ground signs shall be spaced or combined along the street frontage in a manner that ensures that one ground sign does not obscure the view of another ground sign.