A.   The purpose of this chapter is to promote commerce, traffic safety, and community identity, while improving the visual environment of residential and nonresidential areas.

   B.   This chapter shall not regulate traffic and directional signs installed by a governmental entity or located within a private parking area; signs not readable from, nor intended to be viewed from, a public right of way; merchandise displays; advertising displays upon vending machines; national flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site monuments and plaques; cemetery interment markers; single purpose structures such as telephone booths and donation or recycling containers; or lettering or symbols painted directly onto or flush mounted magnetically onto a motor vehicle operating in the normal course of business. (Ord. 263, 7-12-2005)

The following definitions shall apply to this chapter:

BANNER: Any sign of lightweight fabric, or similar material, that is mounted to a pole or a building on one or more edges.

BULLETIN BOARD: Any sign erected by a charitable, educational, or religious institution, or by a public agency, which is erected upon the same site as said institution or agency, for purposes of announcing events which are held on the premises, and contains no advertising message for commercial purposes.

FLASHING SIGN: An illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

INCIDENTAL SIGN: A sign, strictly informational, that has a purpose secondary to the use of the building or lot on which it is located, such as "no parking", "entrance", "exit", "loading only", "telephone", and other similar informational directives. No sign with a commercial message, legible from any position off the property on which the sign is located, shall be considered to be incidental.

OFF SITE SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off site sign" shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

ON SITE SIGN: A sign which directs attention to a business, commodity, service, entertainment, or attraction sold, offered, or existing on the same lot where such sign is displayed. An "on site sign" may also display a noncommercial message.

PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, and usually designed to move in the wind.

PORTABLE SIGN: Any sign not permanently attached to the ground or a permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; A-frame or T-frame signs; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day to day operation of a licensed business.

REAL ESTATE SIGN: A temporary sign placed upon property for the purpose of advertising to the public the sale, lease, or rent of said property.

RESIDENTIAL SIGN: Any sign located in a residentially zoned area that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located.

TEMPORARY SIGN: Any sign that is used only temporarily and is not permanently mounted.

WALL SIGN: Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning, or a building canopy, shall be considered a wall sign.

WINDOW SIGN: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon a window. (Ord. 263, 7-12-2005)

   A.   Sign Design Approval: No sign shall hereafter be erected, reerected, constructed, painted, posted, applied, or structurally altered except as provided in this chapter and pursuant to a sign design approved by the Administrator. A separate sign design approval shall be required for each sign installed on a single supporting structure.

   B.   Exceptions: The following shall not require sign design approval; provided, however, that these exceptions shall not be construed as relieving the owner from the responsibility to comply with the provisions of this title or any other law or ordinance:

      1.   The changing of the advertising copy or message on a lawfully erected sign specifically designed for replaceable copy.

      2.   Painting, repainting, or normal maintenance, unless a structural or electrical change is made.

      3.   Temporary banners and temporary signs as regulated herein.

      4.   Incidental signs.

      5.   One (1) nonelectric bulletin board as regulated herein.

   C.   Master Sign Programs: For commercially zoned properties immediately adjacent to U.S. Highway 95, the owner may request City Council approval, at a regular City Council meeting, of a master sign program for the site. Such a master sign program may allow for deviations from the standards of this chapter, in recognition of the grade separation and higher speed traffic on the highway. Once the master sign program is approved for a property by Council, installation of individual signs shall require sign design approval from the Administrator, in accordance with the master sign program for the property. (Ord. 410, 1-17-2017)

   A.   Design Approval Required: If a sign requiring design authorization under the provisions of the chapter is to be placed, constructed, erected, or modified, the owner of the affected property shall secure sign design approval prior to the construction, placement, erection, or modification of such sign. No signs shall be erected in the public right-of-way, unless the location is specifically approved by the entity which controls the public right-of-way. In the case of City owned rights-of-way, approval from the City Council shall be required. No authorization shall be issued for any sign unless such sign is consistent with the requirements of this chapter or when a sign master program has been approved for the property, consistent with those requirements.

   B.   Filing Request: Requests for sign design approval shall be filed with the City Clerk and shall contain the following minimum information except that subsections B1 and B2 of this section shall be the only information needed for applications involving banners and A-frames:

      1.   Name, address, and telephone number of the applicant.

      2.   Site plan of the parcel showing locations of the building, structure, or lot to which or upon which the sign or advertising structure is to be attached or erected.

      3.   Position of the sign or advertising structure in relation to nearby buildings or structures, including dimensional data.

      4.   Blueprints of the plans with color designations, specifications, method of construction, and attachment to the building or in the ground.

      5.   Name of the person, firm or corporation erecting the sign or advertising structure, and contractor's registration number.

      6.   Written consent of the owner of the building, structure, or land to which or on which the sign or advertising structure is to be erected.

   C.   Fees: Applicable fees, as established by resolution of the City Council, shall accompany each request. (Ord. 410, 1-17-2017)

The following types of signs are prohibited in all zones unless otherwise specifically permitted:

   A.   Signs which in coloring, shape, wording, or location resemble or conflict with traffic control signs or devices.

   B.   Signs that create a safety hazard for pedestrian or vehicular traffic.

   C.   Flashing signs.

   D.   Portable signs exceeding nine (9) square feet.

   E.   All off site advertising signs.

   F.   All billboard type advertising signs. (Ord. 263, 7-12-2005)

The following signs may be permitted in any zone, subject to the limitations as provided herein:

   A.   Bulletin Boards: Bulletin boards on the premises of public, charitable, or religious institutions shall be permitted subject to the following criteria:

      1.   Such sign shall contain not more than twenty five (25) square feet in area on a face and may be double faced;

      2.   No part of the sign shall exceed a height of six feet (6') above the ground; and

      3.   The sign, if lighted, may be indirectly lighted only.

   B.   Temporary Subdivision And Related Signs: A temporary real estate sign advertising the initial sale, lease, or rental of a group of new lots or dwellings within a subdivision, or condominium complex, or apartment complex, or spaces within a business complex, shall be permitted subject to the following criteria:

      1.   The sign shall be detached and shall be located on the premises being sold, leased, or rented;

      2.   The sign shall not exceed a maximum of forty (40) square feet in area on any face and may be double faced;

      3.   The sign shall remain only as long as property remains unsold, unleased, or unrented for the first time, but not to exceed one (1) year; provided, however, that the City Council may extend the duration limit upon the written request of the owner or developer of the project;

      4.   The sign shall be nonilluminated; and

      5.   The top of the sign shall be no higher than ten feet (10') above the ground level of the property upon which the sign is located.

   C.   Permanent Subdivision Or Area Name Signs: A decorative and permanent sign, announcing the name of a subdivision or area, located at the public street entrance or entrances to the subdivision or area, which identifies the name of the subdivision or area, shall be permitted subject to the following criteria:

      1.   The sign shall consist of a decorative masonry wall or wood fence with illuminated, indirectly lighted, or nonilluminated nameplates or letters, and shall be located in a continuously maintained landscaped area;

      2.   The wall/fence and/or sign shall not exceed six feet (6') in height; and

      3.   The location of the wall/fence and/or sign on the property shall not be within the clear view triangle at street intersections, as delineated in the various zoning classifications within this title.

   D.   Contractor, Financier, Architect, Surveyor And/Or Engineer Signs: One on premises sign identifying the project, developers, financiers, contractors, architect, surveyor, and/or engineer affiliated with a construction project may be situated on such construction site during the construction period only and shall be permitted subject to the following criteria:

      1.   The sign shall be placed at a location approved by the city council on the premises being constructed;

      2.   The sign shall not exceed a maximum of forty (40) square feet in area;

      3.   The sign shall remain only as long as the premises is under construction, but not to exceed one year; provided, however, that the city council may extend the duration limit upon the written request of the owner or developer of the project;

      4.   The sign shall be nonilluminated; and

      5.   The top of the sign shall be no higher than ten feet (10') above the ground level of the property upon which the sign is located.

   E.   Real Estate Signs:

      1.   Residential real estate signs are permitted subject to the limitations set forth in the residential zone provisions of this title 1 . In the commercial and light industrial zones, one temporary, on site sign is permitted advertising the sale, lease, or rental of the building, property, or premises; provided, that such sign is nonilluminated, does not exceed thirty two (32) square feet in area, and does not exceed a height above ground level of ten feet (10').

      2.   An "open house" directional sign shall be allowed on each access street to property; provided, that it is not placed in the right of way in such a manner as to interfere with vehicular or pedestrian traffic, it is maintained only when the premises is actually open for immediate inspection, it is nonilluminated, does not exceed five (5) square feet in area, and does not exceed a height above ground level of three feet (3'). (Ord. 263, 7-12-2005)

Signs which pertain only to the identification of a permitted use in the commercial and light industrial zones are permitted; provided, that such signs are located entirely on the property with the use or business served; and provided further, that such signs conform to the following standards:

   A.   On site signs shall meet the following criteria:

      1.   Wall signs shall not exceed the outer limits of the wall and shall not cover more than two (2) walls. In the case of multiple businesses in a building, wall signs shall not exceed the outer limits of the wall of each business.

      2.   The total area of all other signs shall not exceed two (2) square feet per lineal foot of street frontage, up to a maximum of two hundred fifty (250) square feet of sign area, and shall not exceed a height of thirty feet (30') above ground level.

      3.   Freestanding signs shall not exceed two (2) square feet per lineal foot of street frontage, up to a maximum of two hundred (200) square feet of sign area, and shall not exceed a height of thirty feet (30') above ground level. There shall be no more than one such sign for each two hundred feet (200') of street frontage or portion thereof.

      4.   No sign shall project over a public right of way, nor shall it be located in such a way that it obstructs safe vision for pedestrian or vehicular traffic either on the public right of way or at entering and exiting access points.

      5.   Placement of lighted signs shall be such that no light extends over property lines to any adjoining property.

   B.   Electronically changeable message signs shall be permitted subject to the limitations in subsection A of this section.

   C.   Signs advertising the price of motor vehicle fuel sold from a fuel pump located on the premises shall be permitted in conformance with the following criteria:

      1.   Only one fuel price informational sign shall be permitted per fuel pump.

      2.   Fuel price informational signs shall be limited in size to an area of one and five-tenths (1.5) square feet.

      3.   Each fuel price informational sign shall be affixed directly to a fuel pump and shall be stationary.

      4.   One freestanding sign to include a changeable copy sign is allowed. The size of such freestanding sign shall be determined by using eight (8) square feet per fuel pump up to a maximum area of forty eight (48) square feet. The maximum size shall include company name, logo, price information, etc., if applicable.

      5.   Nothing contained herein shall be construed to prohibit the use of other signs meeting the requirements of this chapter.

   D.   Outdoor menu boards are only allowed on lots which have been approved for restaurants, full service or fast food, and shall be in conformance with the following criteria:

      1.   Only one outdoor menu board shall be permitted on a lot.

      2.   The area of the menu board shall not exceed thirty two (32) square feet.

      3.   If the sign is lighted, it shall be via internal illumination.

      4.   The menu board lettering shall not be legible from off site properties and rights of ways.

   E.   Signs painted on, or affixed to, glass surfaces of windows or doors, and pertaining to the lawful business conducted within the building, are allowed without a permit. (Ord. 263, 7-12-2005)

All signs and advertising structures shall be located in accordance with the following standards:

   A.   No sign or advertising structure shall interfere with vehicular or pedestrian accessibility or sight distance.

   B.   All signs and advertising structures shall conform to the clear view triangle of the zone in which it is located.

   C.   Any portion of a sign or advertising structure, including structural supports, that is higher than three feet (3') and less than seven feet (7') above ground level, shall be located a minimum of ten feet (10') from any public right of way. This requirement shall not apply when structural supports are less than two feet (2') wide at any point on the support three (3) to seven feet (7') above ground level. (Ord. 263, 7-12-2005)

   A.   Sign area is the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, and its size shall be calculated by measuring from the outside edge of the frame itself. This includes only one side of a double faced sign.

   B.   Individual letters, words or symbol signs on a wall shall be calculated by measuring the area created by drawing imaginary straight lines around the entire copy or grouping of such letters, words, or symbols.

   C.   Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module.

   D.   Any portion of the sign not necessary for structural support of the sign, or any structural support greater than two feet (2') in width, shall be considered in the determination of the square footage of the sign. (Ord. 263, 7-12-2005)

Nonconforming signs, those that were permanently installed and legally erected prior to the effective date hereof, shall be allowed to continue in use so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way. (Ord. 263, 7-12-2005)