Aurora City Zoning Code
SECTION 12
SIGN REGULATIONS
§ 12.1 Purpose.
This section provides standards for the erection and maintenance of signs. All signs not exempted as provided in this section shall be erected and maintained in accordance with these standards. The general objectives of these standards are to promote the safety of persons and property by providing that signs shall not create a hazard, to promote the efficient transfer of information in sign messages, and to protect the public welfare and enhance the appearance of the City and the economic value of properties.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.2 Definitions.
The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animation
means copy or other images that flash or move or otherwise change.
Billboard
means a freestanding sign containing at least one hundred twenty-eight (128) square feet of face area and owned by a person who engages in the business of selling the advertising space on that sign.
Building
means a structure that has a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or property.
Building frontage
means the width of the front-facing facade of the primary building located on a premise, or the building on which a sign is proposed to be located. If it is unclear which side is the front-facing facade, the side on which the primary customer entrance door is located shall be deemed the front-facing facade. In no circumstances may a building have more than one (1) "building frontage."
City
means the City of Aurora.
City Administrator
means the City Administrator of the City of Aurora.
Code Official
means the City Administrator or his designee.
Commercial message
means a message placed or caused to be placed before the public by a person or business enterprise directly involved in the manufacture or sale of the products, property, accommodations, services, attractions, or activities or possible substitutes for those things which are the subject of the message and that: (a) refers to the offer for sale or existence for sale of products, property, accommodations, services, attractions, or activities; or (b) attracts attention to a business or to products, property, accommodations, services, attractions, or activities that are offered or exist for sale or for hire.
Copy
means letters, characters, illustrations, logos, graphics, symbols, writing or any combination thereof, designed to communicate information of any kind.
Effective area
means the area enclosed by drawing a rectangle of horizontal and vertical lines that fully contain all extremities of the sign drawn to scale, including architectural design elements such as decorative bordering, but exclusive of the sign supports. When a sign has two (2) or more faces, the area of all faces shall be included in determining the effective area, except that when two (2) faces are placed back to back and are at no point more than two (2) feet from one another, the effective area shall be taken as the area of one (1) face if the two (2) faces are of equal area, or as the area of the larger face if the two (2) faces are of unequal area.
Facade
means any separate face of a building, including parapet walls and omitted wall lines. When separate faces are oriented in the same direction, or in directions within forty-five (45) degrees of one another, they are considered part of a single facade.
Luminescent gaseous tubing
means exposed tubes used in or as signs and that contain luminescent inert gases including, but not limited to, neon, argon and krypton.
Noncommercial message
means any message that is not a commercial message.
Person
includes without limitation an individual, corporation, sole proprietorship, government or governmental subdivision or agency, trust, or partnership.
Premises
means a lot or tract, or a combination of contiguous lots or tracts if the lot or tract, or combination, is under single ownership and is reflected as a single premise in the plat records of the City.
Responsible party
means the owner, operator, occupant, employee or other person working at, employed by, responsible for, or in charge of the premises at issue, and includes the name of the advertiser or other person whose name appears on the sign.
Sign
means any device, object, structure, flag, light, figure, picture, letter, word, message, symbol, marker or poster affixed directly or indirectly to or on any building or outdoor structure, or erected or maintained on land, and designed to inform, display, identify, advertise, direct, or attract attention to an object, building, person, institution, organization, business, product, service, event, or location.
Sign, attached
means any sign attached to, applied on or supported by any part of a building (such as a wall, window, canopy, awning, arcade or marquee).
Sign, banner
means a temporary sign composed of lightweight material secured or mounted so as to allow movement caused by wind.
Sign, construction
means a temporary sign erected on the premises on which construction is taking place during the period of such construction, indicating the names of the owners, architects, engineers, landscape architects, contractors, or similar persons engaged in the design, construction, or improvement of the premises on which the sign is located.
Sign, detached
means any sign connected to the ground that is not an attached sign, including signs on movable objects, but excluding signs on vehicles that are moving or are parked only temporarily, incidental to their principal use for transportation.
Sign, monument
means a detached sign having a low profile and made of stone, concrete, metal, routed wood planks or beams, brick or similar materials, including individual lettering, that repeat or harmonize with the architecture of the establishment that it serves.
Sign, movement control
means a sign that directs vehicular or pedestrian movement within or into the premises on which the movement control sign is located.
Sign, off-premises
means any sign that is not a premises sign.
Sign, pole
means a sign supported by and placed upon not more than two (2) poles.
Sign, political
means any type of sign that refers to the issues or candidates involved in a political election; or that espouses a political cause or expresses a person's or group's viewpoint or opinion on an issue.
Sign, portable
means a sign that is easily moved from one (1) location to another, including a sign that is mounted on skids, trailers, wheels, legs or stakes, and that is not fixed permanently to the ground, and that is not an attached sign, political sign, or a real estate sign.
Sign, premises
means any sign for which the content relates to the premises on which the sign is located and that refers exclusively to the name, location, products, persons, accommodations, services or activities of or on those premises, or the sale, lease or construction of those premises.
Sign, protective
means any sign that is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, "dangerous dog," "no trespassing," and "no solicitors."
Sign, real estate
means a temporary sign pertaining to the sale or rental of property on which the sign is located.
Sign support
means any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign, providing that such fixture or framework is not imprinted with any copy using characters in excess of one (1) inch in height or is internally or decoratively illuminated.
Sign, temporary
means a non-permanent sign that is displayed for no more than thirty (30) consecutive days within any six-month period.
Sign, vehicular
means any sign on a vehicle.
Special event
means commercially related events of a unique or one (1) time nature as well as events that are sponsored in whole or part by the City, the latter of which must be designated by City Council action.
Visibility triangle
means a triangle sight area, at all intersections, which shall include that portion of public right-of-way and any corner lot within the adjacent curb lines and a diagonal line intersecting such curb lines at points thirty (30) feet back from the intersection.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.3 General Sign Types.
Refer to figures 12(1) through 12(4)
Figure 12(1)  |
Figure 12(2)  |
Figure 12(3)  |
Figure 12(4)  |
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.4 General Provisions.
12.4.1.
Conformance to codes.
Any sign hereafter erected shall conform to the provisions of this Ordinance and the provisions of the International Building Code and of any other ordinance or regulation which applies within the City.
12.4.2.
Signs in rights-of-way.
No sign other than an official traffic sign or similar sign shall be erected within 2 feet (610 mm) of the lines of any street, or within any public way, unless specifically authorized by other ordinances or regulations of the City or by specific authorization of the Code Official.
12.4.3.
Projections over public ways.
Signs projecting over public walkways shall be permitted to do so only subject to the projection and clearance limits either defined herein or, if not so defined, at a minimum height of 8 feet (2438 mm) from grade level to the bottom of the sign. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the jurisdiction for such structures.
12.4.4.
Traffic visibility.
No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
12.4.5.
Computation of frontage.
If a premise contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property line frontage.
12.4.6.
Animation and changeable messages.
Animated signs, except as prohibited in Section 12.6, are permitted in commercial and industrial zones only. Changeable signs, manually activated, are permitted for nonresidential uses in all zones. Changeable signs, electrically activated, are permitted in all nonresidential zones.
12.4.7.
Maintenance, repair and removal.
Every sign permitted by this Ordinance shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the Code Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Ordinance, the owner thereof or the person or firm using same shall, upon written notice by the Code Official forthwith in the case of immediate danger, and in any case within not more than 10 days, make such sign conform to the provisions of this Ordinance, or shall remove it. If within 10 days the order is not complied with, the Code Official shall be permitted to remove or cause such sign to be removed at the expense of the owner and/or the user of the sign.
12.4.8.
Obsolete sign copy.
Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the Code Official; and upon failure to comply with such notice, the Code Official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
12.4.9.
Nonconforming signs.
Any sign legally existing at the time of the passage of this Ordinance that does not conform in use, location, height or size with the regulations of the zone in which such sign is located, shall be considered a legal nonconforming use or structure and shall be permitted to continue in such status until such time as it is either abandoned or removed by its owner, subject to the following limitations:
12.4.9.1.
Structural alterations, enlargement or re-erection are permissible only where such alterations will not increase the degree of nonconformity of the signs.
12.4.9.2.
Any legal nonconforming sign shall be removed or rebuilt without increasing the existing height or area if it is damaged or removed if allowed to deteriorate to the extent that the cost of repair or restoration exceeds 50 percent of the replacement cost of the sign as determined by the Code Official.
12.4.9.3.
Signs that comply with either 12.4.9.1 or 12.4.9.2 above need not be permitted.
12.4.10.
Enforcement and Authority
12.4.10.1.
Responsible authority.
The City Administrator shall be responsible for administering and enforcing the provisions of this section.
12.4.10.2.
Duties.
The owner of a sign, the owner of the premises on which a sign is located, and/or the occupant of a premises on which a sign is located, when such sign is regulated by this section, shall be responsible for complying with all provisions of this section and may be cited for any violations of this section.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.5 Exempt Signs.
12.5.1.
Exempt signs.
The following signs shall be exempt from the provisions of Section 12 of this Ordinance; provided, however, that no sign shall be exempt from Section 12.4.
12.5.1.1.
Official notices authorized by a court, public body or public safety official.
12.5.1.2.
Directional, warning or information signs authorized by federal, state or municipal governments.
12.5.1.3.
Memorial plaques, building identification signs and building cornerstones when cut or carved into a masonry surface or when made of noncombustible material and made an integral part of the building or structure.
12.5.1.4.
The flag of a government or noncommercial institution, such as a school.
12.5.1.5.
Religious symbols and seasonal decorations within the appropriate public holiday season.
12.5.1.6.
Works of fine art displayed in conjunction with a commercial enterprise where the enterprise does not receive direct commercial gain.
12.5.1.7.
Street address signs and combination nameplate and street address signs that contain no advertising copy and which do not exceed 6 square feet (0.56 m2) in area.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.6 Prohibited Signs.
12.6.1.
Prohibited signs.
The following devices and locations are hereby prohibited:
12.6.1.1.
Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.
12.6.1.2.
Except as provided for elsewhere in this Ordinance, signs encroaching upon or overhanging public right-of-way.
12.6.1.3.
No sign shall be attached to any utility pole, light standard, street tree or any other public facility, unless it is a marker erected by a public utility company.
12.6.1.4.
Signs which blink, flash or are animated by lighting in any fashion that would cause such signs to have the appearance of traffic safety signs and lights, or municipal vehicle warnings from a distance.
12.6.1.5.
Portable signs except when allowed as temporary signs.
12.6.1.6.
Any sign attached to, or placed on, a vehicle or trailer parked on public or private property, except for signs meeting the following conditions:
a.
The primary purpose of such a vehicle or trailer is not the display of signs.
b.
The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle.
c.
The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.
d.
Vehicles and trailers are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public.
e.
Balloons, streamers or pinwheels except those temporarily displayed as part of a special sale, promotion or community event. For the purposes of this subsection, "temporarily" means no more than 20 days in any calendar year.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.7 Fees, Permits.
12.7.1.
Permit required.
No person shall cause a sign to be erected, constructed, relocated, altered, repaired or maintained until a permit for such has been issued and the fee paid, except as otherwise provided in this section.
12.7.2.
Applications for permit.
All applications for permits under this section shall include a drawing to scale of:
(a)
The proposed sign, including without limitation the height, length, width, and effective area of the sign, and the dimensions of the sign supports;
(b)
All existing signs maintained on the premises and visible from the right-of-way immediately adjacent to the premises;
(c)
The position of the proposed sign in relation to rights-of-way, easements, buildings, structures, and existing signs;
(d)
The plot plan or building facade indicating the proposed location of the sign; and
(e)
If the owner of the premises is not the responsible party for the premises, the application shall include the written consent of the owner.
12.7.3.
Fees; late charges.
Every applicant, before being granted a permit under this section, shall pay the applicable fee as set by the City Council. The City shall not grant a refund for a sign permit after such fee has been tendered. When a sign is erected, constructed, relocated, altered, repaired, or maintained, or work is in any manner started on a sign, before obtaining a sign permit, there shall be a late fee equal to twice the amount of the sign permit fee. The late fee does not excuse full compliance with the provisions of this section.
12.7.4.
The sign Administrator shall review all Action on permit, permit applications and make a decision on whether to grant or deny the permit within fourteen (14) days of submittal of a fully completed application. If additional information is required of an applicant in order to complete an application, the applicant shall be notified of such requirement within fourteen (14) days. Thereafter, the sign Administrator shall make a decision on whether to grant or deny the permit within fourteen (14) days of receipt of such additional information or a written certification from the applicant that the application is complete.
12.7.5.
Denial of permit.
The sign Administrator may deny issuance of a permit whenever the sign Administrator determines that the applicant has provided incorrect or false information, or that the activity or sign for which the permit is requested would be in violation of any of the provisions of this section or any other ordinances of the City or laws of this state or the federal government.
12.7.6.
Revocation of permit.
The City Administrator may revoke any permit issued under the provisions of this section whenever the sign Administrator determines that the permit is issued in error or on the basis of incorrect or false information, or whenever such permit is issued in violation of any of the provisions of this section or any other ordinances of this City or laws of this state or the federal government. Such revocation shall be effective when communicated in writing to the permit holder. Upon such revocation, any erection, construction, relocation, alteration, repair, or maintenance of a sign related to the revoked permit shall cease.
12.7.7.
[Reserved]
12.7.8.
Appeal of denial or revocation of permit.
A person may appeal the denial or revocation of a sign permit to the City Council. Such appeal must be in writing and must be presented to the City Administrator no later than ten (10) calendar days after the City sends written notice to the address on the permit application denying or revoking the permit. The City Council shall hear the appeal at a City Council meeting as soon as practicable thereafter to determine whether the decision of the sign Administrator was in accordance with all ordinances and regulations. An adverse decision of the City Council may be appealed by the applicant to district court by filing a lawsuit within twenty (20) days of the City Council's decision.
12.7.9.
Permit valid for ninety days.
If the work authorized by a permit issued under this section has not been commenced within ninety (90) days after the date of issuance, the permit shall become null and void.
12.7.10.
Electrical permit.
Prior to issuance of a sign permit for a sign in which electrical wiring and connections are to be used, an electrical permit must be obtained. The electrical inspector shall examine the plans and specifications submitted with the application to ensure compliance with the electrical code of the City. No sign shall be erected in violation of the electrical code.
(Ordinance O-06-0403Z adopted 7/3/2007)
§ 12.8 Specific Sign Requirements.
12.8.1.
Attached signs.
12.8.1.1.
Generally.
Attached signs are permitted in all C-1, C-2, C-3 and C-4 districts, and I-L and I-H districts as designated by this Ordinance, and in a planned development (PD) zoning district if approved by the City Council, as provided in this section.
12.8.1.2.
Specifications.
(a)
Commercial off-premises attached signs are prohibited.
(b)
All attached signs affixed to the wall of a building must have metal backing.
(c)
All attached signs shall be mounted parallel to the building surface. No sign shall project more than eighteen (18) inches from the surface to which it is attached. Signs shall not be mounted on roofs and shall not project above the roof line above the wall on which the sign is attached.
(d)
Copy on awnings and canopies is prohibited.
12.8.1.3.
Effective area.
The total effective area of attached signs shall not exceed the following:
(a)
On an attached sign for which the top of the sign is placed no higher than thirty-six (36) feet, the effective area is limited to one (1) square foot of sign area for each linear foot of building frontage, but in no circumstances may the effective area be greater than one hundred (100) square feet.
(b)
An attached sign for which the top of the sign is placed higher than thirty-six (36) feet shall be permitted an increase in maximum effective area: The sign may be one hundred (100) square feet in effective area plus four (4) square feet in effective area for each additional one (1) foot of height above thirty-six (36) feet, measured from the base of the sign to the building grade.
(c)
Only one (1) attached sign may be located on each facade for each tenant; however, the sum of the effective area of all attached signs shall not exceed twice the allowable effective area as specified in this Ordinance.
12.8.1.4.
Maximum height of copy on attached signs shall be determined by the following schedule:
Sign Height (in feet) | Maximum Copy Height (in inches) |
|---|---|
0–36 | 16 |
37–48 | 36 |
49 and up | 72 |
**Letter heights in excess of seventy-two (72) inches must be approved by the City Council. |
12.8.1.5.
The effective area of an attached sign shall not exceed twenty-five (25) percent of the area of the wall (or canopy, marquee, etc.) on which the sign is attached.
12.8.1.6.
The width of an attached sign shall not exceed seventy-five (75) percent of the width of the wall (or canopy, marquee, etc.) on which the sign is attached.
12.8.2.
Window signs.
In addition to the attached signs allowed above, a person may have window signs as follows:
12.8.2.1.
Signs in windows facing public rights-of-way are limited to ten (10) percent of the window area per facade.
12.8.2.2.
The outlining of a window on two (2) or more of any sides with lighting, luminescent gaseous tubing, or by any similar means shall constitute one hundred (100) percent of the total window area as a sign.
12.8.3.
[Reserved]
12.8.4.
Detached signs.
12.8.4.1.
Residential zoning districts.
Detached signs are permitted in the multifamily (MF), and manufactured home (MH) zoning districts, in this Ordinance, and in a planned development (PD) zoning district if approved by the City Council, in accordance with the following restrictions:
(a)
Except as provided in subsection (b), each premises may have not more than one (1) detached sign.
(b)
Premises that have more than seven hundred fifty (750) feet of frontage along a public way, other than an alley, may have one (1) additional detached sign for each additional five hundred (500) feet of frontage.
(c)
Pole signs are prohibited; only monument signs are allowed.
12.8.4.2.
Nonresidential districts.
Detached signs are permitted in the C-1, C-2, C-3 and C-4 districts, and in I-L and I-H districts and in a planned development (PD) zoning district if approved by the City Council, in accordance with the following restrictions:
(a)
Except as provided in subsection (b), each premises may have not more than one (1) detached sign.
(b)
Premises that have more than four hundred fifty (450) feet of property frontage along a public way, other than an alley, may have one (1) additional detached sign for each additional three hundred (300) feet of frontage.
(c)
Premises that have at least three hundred (300) feet of frontage along more than one (1) public way, other than an alley, may have a permanent detached sign along each public way.
12.8.4.3.
Generally.
a.
Off-premises detached signs are prohibited.
b.
Billboard signs are prohibited.
c.
All permanent detached signs must be no closer than one hundred fifty (150) feet apart, with no two (2) detached signs of any type being closer than fifty (50) feet apart.
d.
Detached signs within the visibility triangle at any intersection are prohibited. A minimum setback of ten (10) feet is required of all detached signs. A minimum setback of fifteen (15) feet from the public right-of-way is required for detached signs exceeding ten (10) square feet in effective area or ten (10) feet in height. A minimum setback of twenty (20) feet is required for all detached signs exceeding twenty (20) square feet in effective area or fifteen (15) feet in height.
12.8.5.
Specific sign type regulations.
12.8.5.1.
Pole sign specifications.
Detached pole signs shall be allowed as set forth in this subsection:
a.
Single-tenant and multi-tenant pole signs shall be allowed in C-1, C-2, C-3 and C-4 districts, and in I-L and I-H districts and PD commercial districts as set forth in this subsection.
b.
Effective area and height:
i.
Single-tenant pole signs must be no more than thirty-six (36) square feet in effective area and twenty (20) feet in height measured from ground elevation to the top of the sign.
ii.
Multi-tenant pole signs must be no more than seventy-two (72) square feet in effective area and twenty (20) feet in height measured from ground elevation to the top of the signs. No single tenant shall occupy more than thirty-six (36) square feet of effective area on a multi-tenant sign.
12.8.6.
Design standards:
12.8.6.1.
Sign supports:
Eight-inch x eight-inch structural steel tubing.
12.8.6.2.
Sign cabinet:
a.
Painted grip sheet metal on angle iron frame with angle retaining rim to secure sign face.
12.8.6.3.
Sign face:
a.
Flat, clear acrylic sheet.
b.
All copy and background sprayed on second surface with acrylic colors.
12.8.6.4.
Sign finish:
Degrease, prime, and finish coat all exposed metal surfaces as required.
12.8.6.5.
Monument sign specifications.
Detached monument signs shall be allowed as set forth in this subsection:
a.
Must be built on a monument base with no separation between the base of the sign and natural grade;
b.
Must contain only the name, logo, address and product or service of the establishment;
c.
May be single-or double-faced;
d.
Shall not exceed six (6) feet in overall height above the natural or average grade; and
e.
The actual sign face shall not exceed forty-eight (48) square feet in effective area per side.
12.8.7.
Real estate signs and construction signs on undeveloped property.
12.8.7.1.
Generally.
In addition to other attached and detached signs allowed by this section, real estate and construction signs are permitted in all zoning districts as provided by this section.
12.8.7.2.
Signs on undeveloped property.
Signs on undeveloped property shall be specifically limited to real estate and/or construction signs and must comply with sign design and size criteria as set forth in this section.
12.8.7.3.
Real estate and construction sign specifications.
Property owners may erect a real estate or construction sign in accordance with the following specifications:
(a)
No construction sign shall be erected prior to the issuance of a building permit for the project to which the sign pertains, and the construction sign must be removed prior to the issuance of a Certificate of Occupancy;
(b)
Signs must be spaced at least fifty (50) feet apart along a lot frontage;
(c)
No more than four (4) signs are allowed per lot;
(d)
The total effective area of each sign may not exceed thirty-six (36) square feet;
(e)
Each sign shall be no taller than sixteen (16) feet in overall height;
(f)
No sign shall be placed on utility or light poles, whether public or private;
(g)
Such signs shall be removed immediately upon the earliest of:
i.
The property or land to which the signs refer is sold;
ii.
Seventy-five (75) percent of the property or land to which the signs refer is rented, leased, or sold; or
iii.
At least eighteen (18) months have elapsed since the sign permit was issued or since the first Certificate of Occupancy (in the case of a residential subdivision development) was issued.
12.8.7.4.
Off-premises real estate and/or construction signs are prohibited.
12.8.8.
Movement control signs.
In addition to other attached and detached signs allowed by this section, movement control signs are permitted in all zoning districts, may be attached or detached, and may be erected without limit as to number provided that such signs shall comply with the following requirements:
12.8.8.1.
Each sign must not exceed two (2) square feet in effective area; and
12.8.8.2.
The copy must not exceed four (4) inches in height and may be used for identification purposes only.
12.8.9.
Banner signs.
12.8.9.1.
Banner signs are allowed in C-1, C-2, C-3 and C-4 districts, and in I-L and I-H districts zoning districts, as designated by this Ordinance, and in a planned development (PD) zoning district if approved by the City Council, in accordance with the following regulations:
(a)
A premise may display one (1) banner sign announcing a grand opening of a new business. Display of such sign is limited to a maximum of sixty (60) days per opening. The privilege to begin display of such sign expires six (6) months after the issuance of a Certificate of Occupancy. Use of grand opening signs only apply to new ownership, tenancy, or use. Size of banner is limited to fifty (50) square feet with at least one-half (1/2) of all readable copy stating, "Grand Opening" or "Now Open."
(b)
A premise may display banner signs containing a message directly relating to a special event; provided, however, that such banners may be displayed no more than fourteen (14) days prior to the special event, must be removed within two (2) days after the conclusion of the special event, and may be displayed for no more than a total of twenty-one (21) days.
12.8.10.
Political signs.
12.8.10.1.
In addition to other attached and detached signs allowed by this section, political signs are permitted in all zoning districts. There is no limitation on the total number of political signs for each candidate that are allowed within the City, as long as the signs: (i) have an effective area that is no greater than thirty-six (36) square feet each; (ii) are no more than eight (8) feet high; (iii) are not illuminated; and (iv) do not have any moving elements. A permit shall not be required for the erection of a political sign that meets these requirements.
12.8.10.2.
Notwithstanding anything contained in this section to the contrary:
(a)
Any sign that may display a commercial message may display a noncommercial message in place of the commercial message, so long as the sign complies with the other requirements of this section and other City ordinances; and
(b)
Any sign that may display one (1) type of noncommercial message may also display any other type of noncommercial message, so long as the sign complies with the other requirements of this section and other City ordinances.
12.8.11.
Subdivision signs.
12.8.11.1.
In addition to other attached and detached signs allowed by this section, subdivision signs displaying the name of a residential subdivision shall be allowed, provided that such signs shall comply with the following requirements:
(a)
No more than two (2) signs per subdivision or one sign per entrance of the subdivision, whichever is greater;
(b)
Each sign must not exceed thirty-two (32) square feet in effective area;
12.8.11.2.
Subdivision signs may either be a monument sign or may be attached to a permanent masonry wall at the entrance to the subdivision;
12.8.11.3.
Notwithstanding anything to the contrary contained in this section, no attached or detached subdivision sign shall contain luminescent gaseous tubing;
12.8.11.4.
Subdivision signs and the commercial message font must be of a uniform size within a subdivision.
12.8.12.
Nonconforming signs.
12.8.12.1.
Generally.
It is the declared purpose of this section that in time all signs shall either conform to the provisions of this section or be removed. By the passage of this section and its amendments, no presently illegal sign shall be deemed to have been legalized unless such sign complies with all current standards under the terms of this section and all other ordinances of the City. Any sign that does not conform to all provisions of this section shall be a nonconforming sign if it legally existed as a conforming or nonconforming sign under prior ordinances, or an illegal sign if it did not exist as a conforming or legal nonconforming sign under prior ordinances.
12.8.12.2.
Destroyed sign.
Any nonconforming sign that has been substantially destroyed or dismantled for any purpose other than maintenance shall be deemed completely destroyed if the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location. Under this provision, the sign shall be removed, and a permit shall be required to erect a new sign.
12.8.12.3.
Removal of sign by owner.
The owner of a premises sign or sign structure and/or the owner or operator of any premises upon which a premises sign or sign structure is located shall remove the sign or sign structure after the first anniversary of the date the business, person, or activity that the sign or sign structure identifies or advertises ceases to operate on the premises on which the sign or sign structure is located. If the premises containing the sign or sign structure are leased, the sign or sign structure shall be removed after the second anniversary after the date the most recent tenant ceases to operate on the premises.
12.8.12.4.
City's removal of signs.
The sign Administrator shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous, or materially, electrically, or structurally defective sign, or a sign requiring a permit for which no permit has been issued. The sign Administrator shall provide written notice to the permit holder or property owner that shall describe the sign and specify the violation involved and state that, if the sign is not removed or the violation is not corrected within ten (10) calendar days from date of issuance of the notice, the sign shall be removed in accordance with the provisions in this section. However, if the sign Administrator determines that a dangerous or defective sign may cause imminent peril to life or property, the sign Administrator may order the immediate removal of the sign, with notice to be given as soon as practicable after removal.
12.8.13.
Impoundment of signs.
12.8.13.1.
Signs that the City removes shall be kept by the City for fifteen (15) days after the date of removal. The owner or responsible party for the sign may recover the sign by paying a fee as follows:
a.
Five hundred dollars ($500.00) for signs that are twelve (12) square feet or less in effective area
b.
One thousand dollars ($1,000.00) for signs that are larger than twelve (12) square feet in effective area.
12.8.13.2.
The City may dispose of signs not recovered within fifteen (15) days after impoundment in any manner the City shall elect.
12.8.14.
Repair or renovation of nonconforming signs.
12.8.14.1.
A nonconforming sign shall not be repaired, renovated or structurally altered except to bring the sign into compliance within the provisions of this section, unless the sign Administrator determines, based on evidence provided by the owner of the sign, that the cost of such repair, renovation or structural alteration will not exceed fifty (50) percent of the cost to bring the sign into compliance with the provisions of this section.
12.8.14.2.
The copy or message on a nonconforming sign may not be replaced or changed out due to a change in ownership or business name, or for other reasons, unless the sign is first brought into compliance with the provisions of this section.
12.8.15.
Variances.
12.8.15.1.
The Board of Adjustment may authorize a variance to any restriction set forth in this ordinance, including but not limited to the number, type, area, height, or setback of signs, or any other aspect involved in the sign permitting process. In granting any variance, the Board of Adjustment shall determine that a literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant, that the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed, that the variance will not injure and will be wholly compatible with the use and permitted development of adjacent properties, and that the granting of the variance will be in harmony with the spirit and purpose of this Ordinance.
12.8.15.2.
A person may request a variance from this Ordinance by filing the request with the City Administrator. Any request for a variance shall be accompanied by a completed application and a nonrefundable filing fee in the amount specified in the current fee schedule adopted by the City Council.
12.8.15.3.
The Board of Adjustment may not authorize a variance to any sign restriction approved by the City Council in connection with a planned development (PD) zoning district.
(Ordinance O-06-0403Z adopted 7/3/2007)