Bates City City Zoning Code
ARTICLE IX
Sign Regulations
Section 400.680 Purpose.
[Ord. No. 5053, 4-30-2015]
A.
The purpose of this Article is to provide minimum standards to safeguard life, health, property, property values and public welfare by regulating and controlling the quality of materials, construction, installation and maintenance of signs, in addition to the number, size, sign type, and type of illumination of all on-site signs and off-site signs and sign structures located on private property.
B.
The ban of all signs on utility poles, governmental signs, public rights-of-way and other public property is necessary to protect the safety of workmen who must scale utility poles, to eliminate traffic hazards, and to preserve the aesthetic appeal of the City by eliminating clutter and visual blight.
Section 400.690 Definitions.
[Ord. No. 5053, 4-30-2015]
As used in this Article, the following terms shall have the meanings indicated:
APPROVED COMBUSTIBLE MATERIAL
Wood, or materials not more combustible than wood, and approved combustible plastics.
APPROVED COMBUSTIBLE PLASTICS
Those plastics which, when tested in accordance with American Society for Testing Materials standard methods for test for flammability of plastics over fifty thousandths (0.050) inch in thickness (D635-44), burn no faster than two and five tenths (2.5) inches per minute in sheets of sixty thousandths (0.060) inch thickness.
ATTENTION ATTRACTING DEVICE
Any flasher, blinker, animation, banner, clock or other object designed or intended to attract the attention of the public to an establishment or to a sign.
DETACHED SIGN
Any sign not attached to a building.
ILLUMINATED SIGNS
SEMI-ILLUMINATED SIGN — Any sign which is uniformly illuminated internally over its entire area, including the area of the sign, by use of electricity or other artificial light. |
INDIRECTLY ILLUMINATED SIGN — Any sign which is partially or completely illuminated at any time by an external light source which is so shielded as to not be visible at eye level. |
FULLY ILLUMINATED SIGN — Any sign which is illuminated by an external or internal light source which is visible. |
INCIDENTAL SIGN
A sign which guides or directs pedestrian or vehicular traffic, or a sign in conjunction with a drive-through window, which may be mounted on the ground on a building or in connection with a detached sign.
MARQUEE SIGN
Any sign attached flat against the marquee or permanent sidewalk canopy of a building and not extending above the roof line.
MONUMENT SIGN
An identification sign which rises from the ground, and generally has no clearance under it.
OFF-PREMISES SIGN
A sign, including billboards and poster panels, which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.
ON-PREMISES SIGN
A sign which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.
PORTABLE SIGN
A sign that is not permanently affixed to one (1) location and has the capability of being moved from one (1) site to the next.
PROJECTING SIGN
Any sign extending more than one (1) foot from the face of the building to which it is attached, or which extends more than one (1) foot above the roof line.
ROOF SIGN
A sign, which extends above a roof or parapet wall of a building and which is wholly or partially supported by said roof.
SIGN
Any words, letters, numerals, figures, devices, designs, or trademarks by which information is made known to the public.
SIGN AREA
The area of a sign set out in these regulations shall mean the area encompassed by the perimeter of the sign. The area of the sign shall be computed from the area enclosed by the perimeter upon which the letters, logo, etc. are placed. Except that when individual letters, logo, etc., are mounted individually and directly upon a building surface without change in the color or appearance of the surface background, the area of the sign shall be deemed to be the rectangle or other geometric form that encompasses the letters, logo, etc.
SNIPE SIGN
Any sign of a material such as cardboard, paper, pressed wood, plastic or metal which is attached to a fence, tree, utility pole or temporary structure, or any sign which is not securely fastened to a building or firmly anchored to the ground.
SUBDIVISION AMENITY SIGN
A sign directing traffic to amenities such as clubhouse or swimming pool within the subdivision.
SUBDIVISION ENTRANCE MARKER
A detached sign identifying the subdivision, located at one (1) or more of the subdivision entrances.
TEMPORARY SIGN
A sign of cloth or other combustible material, with or without a frame, which is usually attached to the outside of a building on a wall or store front, for a limited period of time, such as a banner, or a sign which is not permanently attached to the ground, building or other load-bearing structure, such as a portable sign, balloon, or animation.
UNDER CANOPY SIGN
A display attached to the underside of a marquee or canopy and protruding over public or private sidewalks or right-of-way.
WALL SIGN
A sign attached to or erected against an exterior wall of a building or structure, which projects not more than twelve inches (12) from a wall and presents only one (1) face with advertising copy to the public and does not extend above the roof line.
Section 400.700 Sign Types Permitted: Zone Restrictions.
[Ord. No. 5053, 4-30-2015]
A.
Permitted signs in each zoning district are as follows:
1.
District A.
a.
One (1) unilluminated sign not larger than thirty-two (32) square feet in area and not to exceed twenty (20) feet in height, pertaining to the sale, lease or identification of the premises upon which it is located, or to the sale of products raised thereon.
b.
One (1) unilluminated sign not to exceed six (6) square feet in area which advertises an authorized home occupation. If a detached sign is used, it shall not exceed three (3) feet in height and must be set back at least ten (10) feet from the front property line and five (5) feet from side or rear property lines.
c.
Not more than two (2) on-premises, unilluminated or indirectly-illuminated subdivision entrance markers per street, with a maximum sign area of thirty-two (32) square feet and a maximum sign height of four (4) feet. When a structure is used to support a sign, total area and height of the structure shall not exceed forty-eight (48) square feet and six (6) feet, respectively. The structure of a subdivision entrance marker forms the outside shape and includes any frame, border, or base that forms an integral part of the display.
d.
One (1) unilluminated subdivision amenity sign shall be allowed within the subdivision; it shall not exceed six (6) square feet in area, and shall not exceed eight (8) feet in height.
e.
Churches and other institutional uses may display one (1) unilluminated, semi-illuminated or indirectly-illuminated detached sign showing names, activities and services therein. The sign shall not exceed forty (40) square feet in area and shall have a setback of ten (10) feet from any property line.
2.
Residential Districts, Inclusive. Signs as permitted in Subsection (A)(1)(b) through (e) of District A.
3.
Districts C and I. Unless otherwise provided, signs in these districts may be unilluminated, semi-illuminated or indirectly illuminated.
a.
Each business or commercial establishment shall be permitted not more than three (3) wall or marquee signs provided the total area of signs on a facade shall not exceed ten percent (10%) of the total area of that facade.
b.
In lieu of one of the above wall or marquee signs, one (1) projecting sign or under canopy sign shall be permitted.
c.
In lieu of one of the above attached signs, one (1) detached sign shall be permitted for each free-standing commercial building. It shall be set back not less than five (5) feet from the front property line and shall be set back from side property lines a distance not less than the height of the sign. The maximum height of the detached sign shall be twenty-five (25) feet.
d.
In lieu of one (1) detached sign, one (1) unilluminated, semi-illuminated or indirectly illuminated roof sign shall be permitted. A roof sign shall not exceed fifteen (15) feet above the roof and in no case shall the total height of the building and sign exceed the maximum allowable height for the zoning district.
e.
A shopping center designed as one (1) unified entity and consisting of one (1) or several buildings, either attached or freestanding, shall be permitted one (1) detached sign identifying the entire center. All other signs in the center shall consist of wall, projecting, under canopy or marquee signs. The maximum height of the shopping center detached sign shall be twenty-five (25) feet.
f.
Incidental signs are subject to the approval of the Zoning Administrator and shall not exceed nine (9) square feet in area.
g.
Off-Premises Signs. See Section 400.370.
h.
Signs in excess of seventy-two (72) square feet. See Section 400.370.
i.
Not more than two (2) on-premises, unilluminated or indirectly-illuminated subdivision entrance markers per street, with a maximum sign area of forty-eight (48) square feet and a maximum sign height of six (6) feet. When a structure is used to support a sign, total area and height of the structure shall not exceed seventy-two (72) square feet and nine (9) feet, respectively. The structure of a subdivision entrance marker forms the outside shape and includes any frame, border, or base that forms an integral part of the display.
Section 400.710 Permits And Fees.
[Ord. No. 5053, 4-30-2015]
A.
Permits Required. Except as otherwise provided in this Article, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the City, or cause the same to be done, without first obtaining a sign permit from the City.
B.
Exceptions. Permits are not required under the following circumstances:
1.
Replacing or altering changeable copy on theater marquees, billboards and similar signs.
2.
Painting, repairing, cleaning or maintaining of a sign shall not be considered an erection or alteration which requires a permit unless a structural change is made or the alteration and painting is being done due to a change in ownership of the business or premises.
C.
Exemptions. A permit will not be required for the following listed signs. These exemptions, however, shall apply only to the requirement of the permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection, maintenance and appearance.
1.
Construction project signs, with a maximum size of seventy-two (72) square feet.
2.
Agricultural, residential, commercial and industrial acreage or commercial and industrial structure "for sale" or "for rent" signs.
3.
Residential structure for sale or for rent signs, provided that it must be removed upon completion of the project or within ten (10) days after sale or letting of the property.
4.
Political signs, subject to the following restrictions:
a.
It shall be the responsibility of the property owner who gives permission for the use of his/her property for such signs or the political party for the political event or political candidate to have these signs removed not later than five (5) days after the election or event and they shall not be erected earlier than one hundred twenty (120) days prior to the election or event to which they pertain.
b.
There shall be no political signs on any public utility pole, fence post, fences, trees or sides of buildings.
5.
Traffic or other municipal or informational signs, legal notice, railroad crossing signs, danger, warning and such temporary, emergency or non-advertising signs necessary for traffic control or as may be approved by the Board of Aldermen.
6.
Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other metal.
7.
Signs inside buildings, inside windows, or painted on windows or on glass portions of doors of buildings.
8.
Temporary signs for special events for public, charitable, religious or fraternal organizations, subject to the following limitations:
a.
Maximum size thirty-two (32) square feet per face.
b.
One (1) per street frontage.
c.
To be located on premises.
d.
To be placed no sooner than thirty (30) days prior to the event and removed within five (5) days following the event.
D.
Application For Permit. Application for a permit shall be made to the City upon a form provided and shall be accompanied by written approval of the property owner, site plans and specifications as may be required.
E.
Permit Fees. Every applicant, before being granted a permit hereunder, shall pay a fee to the City based upon the fee schedule.
F.
Inspection. As soon as a sign has been erected, the permittee shall notify the Zoning Administrator who shall inspect such sign and approve the same if it is in compliance with the provisions of this Chapter. The Zoning Administrator may from time to time as he deems, inspect all signs or other structures regulated by this Chapter, for the purpose of ascertaining whether they are secure or whether they are in need of removal or repair. If the sign does not comply with the provisions of this Chapter, the Zoning Administrator shall notify the applicant in writing of such non-compliance and give the applicant ten (10) days, or less if the Zoning Administrator determines a hazardous situation exists, to comply.
G.
Permit Revocable At Any Time. All rights and privileges acquired under the provisions of this Chapter, or any amendments thereto, are mere licenses revocable at any time. Installation shall be completed within six (6) months after date of issuance of the sign permit.
Section 400.720 Additional Regulations.
[Ord. No. 5053, 4-30-2015]
A.
Maintenance. All signs, together with all their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The Zoning Administrator may order the removal of any sign deemed to be a dangerous structure.
B.
Prohibited Signs.
1.
Snipe signs are prohibited and may be removed by the Zoning Administrator.
2.
It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.
3.
Attention attracting devices, electrical signs and illuminated signs, which are an annoyance to residential neighborhoods, or may impair night vision, or are a hazard to traffic, or interfere with or conflict with traffic signals, whether inside or outside the building, are prohibited.
4.
It shall be unlawful to post or erect any sign on utility poles, governmental signs, public rights-of-way or any other public property except those placed by agencies of the Federal, State or local government.
C.
Additional Controls.
1.
Obstruction of egress, openings, ventilation. A sign shall not be erected, constructed or maintained so as to obstruct any fire escape, window, door or other opening; or so as to prevent free passage from one (1) part of the roof to any other part thereof. A sign shall not be attached in any form, shape or manner to a fire escape, or shall not be so placed as to interfere with an opening which is required for legal ventilation.
2.
Letters, figures, characters or representations in cutout or irregular form maintained in conjunction with, attached to or superimposed upon any sign shall be safely and securely built or attached to the sign structure.
3.
Illuminated Signs. Illuminated signs produced in quantity (other than signs custom-built for specific locations) shall be constructed in accordance with the "Standards for Electric Signs (U.L. 48) of the Underwriters' Laboratories, Inc." and bear the label of the Underwriters' Laboratories, Inc.
4.
Electrical Signs. All electrical signs, either temporary or permanent, shall be connected to permanent electrical service installed according to the requirements of the National Electrical Code. All wiring for newly constructed detached signs shall be underground, unless this is determined to be prohibitive by the Zoning Administrator.
Section 400.730 Temporary Signs.
[Ord. No. 5053, 4-30-2015]
A.
Temporary signs may be permitted for special events, new ownership, or grand openings for business or organizational use. Special events do not include sales.
1.
Duration Of Permits. Except as specifically otherwise provided elsewhere in this Article, permits for temporary signs shall be valid for twenty (21) days from date of issuance.
2.
Permits Renewable. Permits for temporary signs may be renewed a maximum of one time for a maximum of twenty one (21) days, except as specifically otherwise provided elsewhere in this Article.
3.
Number Of Permits. Except as specifically otherwise provided elsewhere in this Article, only one (1) temporary sign permit may be issued at any one time for any business, industry or shopping center. The total number of days per year which a temporary sign may be displayed at any business, industry or shopping center shall be sixty-three (63) days.
4.
Construction. Construction of temporary signs shall meet the same engineering design and materials standards as for permanent signs.
5.
Size. Except as specifically otherwise provided elsewhere in this Article, size of temporary signs shall not exceed the size of signs permitted for permanent signs of similar permitted construction and location within the same zoning district.
6.
Location. Temporary signs shall be erected entirely on private property; all temporary signs shall be located on the premises where the good, service or event is available.