Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this article.

Billboard: An off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign.

Effective date of this article: The effective date of this article as originally adopted, or the effective date of an amendment to it if the amendment makes a sign nonconforming.

Freestanding sign: A sign that is attached to, erected on or supported by one structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support of a sign. A sign stands without supporting elements, such as a "sandwich sign", is also a freestanding sign. If the message is removed from a structure that was originally designed and used as a freestanding sign, this structure shall still be considered a sign.

Internally illuminated signs: Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that:

(1)

Are filled with neon or some other gas that glows when an electric current passes through it; and

(2)

Are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the signs that contain the message, shall also be considered internally illuminated signs.

Off-premises sign: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located. A sign that draws attention to a cause or advocates or proclaims a political, religious or other noncommercial message shall also be an off-premises sign unless such sign is excluded from regulation.

On-premises sign: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided on the premises where the sign is located.

Sign: Any device that: (i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in item (ii) of this definition; and (ii) is designed to attract the attention of such persons or to communicate information to them.

Temporary sign: A sign that: (i) is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or (ii) is intended to remain on the location where it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

(Ord. No. 2010-09-743, 9-7-10)

Except as otherwise provided in section 703 (Signs excluded from regulation) and section 704 (Certain temporary signs; permit exceptions and additional regulations), no sign may be constructed, erected, moved, enlarged, illuminated or substantially altered except in accordance with the provisions of this section. Mere repainting or changing the message of a sign shall not, in and of itself, be considered a substantial alteration.

(1)

If plans submitted for a building permit include sign plans in sufficient detail that the permit-issuing authority can determine whether the proposed sign or signs comply with the provisions of this appendix, then issuance of the requested permit shall constitute approval of the proposed sign or signs.

(2)

Signs not approved as provided or exempted may be constructed, erected, moved, enlarged, illuminated or substantially altered only in accordance with a sign permit issued by the administrator.

(3)

Sign permit applications and sign permits shall be governed by the same provisions of this appendix applicable to building permits.

(4)

In the case of a lot occupied or intended to be occupied by multiple business enterprises (e.g., a shopping center), sign permits shall be issued in the name of the lot owner or his agent rather than in the name of the individual business enterprise requesting a particular sign. The city may assist the owner by suggesting a formula whereby the maximum square footage of sign area allowed on the lot may be allocated equitably among all tenants, but the city shall be responsible for enforcing only the provisions of this appendix and not the provisions of any allocation formula, lease, or other private restriction.

(Ord. No. 2010-09-743, 9-7-10)

The following signs are exempt from regulation:

(1)

Signs not exceeding four (4) square feet in area that are customarily associated with residential use and that are not of a commercial nature, such as: (i) signs giving property identification names or numbers or names of occupants; (ii) signs on mailboxes or newspaper tubes; and (iii) signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.

(2)

Signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices, identification and informational signs, and traffic, directional, or regulatory signs.

(3)

Official signs of a noncommercial nature erected by public utilities.

(4)

Flags, pennants or insignia of any governmental, nonprofit or commercial organization that are attached to a building or other improvement to the land when not displayed in connection with a commercial promotion or as an advertising device.

(5)

Integral decorative or architectural features of buildings or works of art, so long as such features or works do not contain letters, trademarks, moving parts, or lights.

(6)

Signs directing and guiding traffic on private property that do not exceed four (4) square feet each and that bear no advertising matter.

(7)

Church bulletin boards, church identification signs, and church directional signs that do not exceed one (1) per abutting street and sixteen (16) square feet in area and that are not internally illuminated.

(8)

Signs painted on or otherwise permanently attached to currently licensed motor vehicles that are not primarily used as signs.

(9)

Signs proclaiming religious, political, or other noncommercial messages (other than those regulated by subsection (7) that do not exceed one (1) per abutting street and sixteen (16) square feet in size and that are not internally illuminated.)

(Ord. No. 2010-09-743, 9-7-10)

(a)

The following temporary signs are permitted without a building permit. However, such signs shall conform to the requirements set forth below as well as all other applicable requirements of this chapter for total sign surface area and number of freestanding signs:

(1)

Signs containing the message that the real estate on which the sign is located (including buildings) is for sale, lease, or rent, together with information identifying the owner or agent: Such signs may not exceed four (4) square feet in area and shall be removed immediately after sale, lease, or rental. For lots of less than five (5) acres, a single sign on each street frontage may be erected. For lots of five (5) acres or more in area and having a street frontage in excess of four hundred (400) feet, a second sign not exceeding four (4) square feet in area may be erected.

(2)

Construction site identification signs: Such signs may identify the project, the owner or developer, architect, engineer, contractor and subcontractors, funding sources, and may contain related information including but not limited to sale or leasing information. Not more than one (1) such sign may be erected per site, and it may not exceed thirty-two (32) square feet in area. Such signs shall not be erected prior to the issuance of a building permit and shall be removed within ten (10) days after the issuance of the final occupancy permit.

(3)

Signs attached temporarily to the interior of a building window or glass door: Such signs, individually or collectively, may not cover more than seventy-five (75) percent of the surface area of the transparent portion of the window or door to which they are attached. Such signs shall be removed within thirty (30) days after placement.

(4)

Displays, including lighting, erected in connection with the observance of holidays: Such signs shall be removed within ten (10) days following the holidays.

(5)

Signs erected in connection with elections or political campaigns: Such signs shall be removed within three (3) days following the election or conclusion of the campaign. Applicant shall provide the city with a master list indicating sign locations to be accompanied by written consent of property owners for sites not owned by the applicant. Applicant shall post a cash bond in the amount of three hundred dollars ($300.00) securing the removal of such signs within the applicable time period. Failure to remove signs shall result in forfeiture of said security. Removal of signs by the applicant will result in refund of posted security.

(6)

Signs indicating that a special event such as a grand opening, fair, carnival, circus or similar event is to take place on the lot where the sign is located and signs promoting nonprofit organizational events such as school funds raisers, community festivals or similar events, not located on the premises where the event is to take place. Such signs may be erected not sooner than two (2) weeks before the event and must be removed not later than three (3) days after the event.

(7)

Temporary signs not covered in the foregoing categories, so long as such signs meet the following restrictions:

a.

Not more than one (1) such sign may be located on any lot;

b.

No such sign may exceed thirty-two (32) square feet in surface area;

c.

Such sign may not be displayed for longer than five (5) consecutive days, nor more than thirty (30) days out of any three hundred sixty-five-day period, except by variance from the governing authority of the city.

(b)

Other temporary signs not listed in this section shall be regarded and treated in all respects as permanent signs, except that (as provided in section 706) temporary signs shall not be included in calculating the total amount of permitted sign area.

(Ord. No. 2010-09-743, 9-7-10)

(a)

For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. When matter is displayed in a random manner without organized relationship of elements each element shall be considered a single sign.

(b)

A two-sided or multi-sided sign shall be regarded as one (1) sign so long as:

(1)

With respect to a V-type sign, the two (2) sides are at no point separated by a distance that exceeds five (5) feet; and

(2)

With respect to double-faced (back to back) signs, the distance between the backs of each face of the sign does not exceed three (3) feet.

(Ord. No. 2010-09-743, 9-7-10)

(a)

The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight (8) straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.

(b)

If the sign consists of more than one (1) section or module, all of the area, including that between sections or modules, shall be included in the computation of the sign area.

(c)

With respect to two-sided, multi-sided, or three-dimensional signs, the sign surface area shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at any one (1) time by a person from one (1) vantage point. Without otherwise limiting the generality of the foregoing:

(1)

The sign surface area of a double-faced, back to back sign shall be calculated by using the area of only one (1) side of such sign, so long as the distance between the backs of such signs does not exceed three (3) feet.

(2)

The sign surface area of a double-faced sign constructed in the form of a "V" shall be calculated by using the area of only one (1) side of such sign (the larger side if there is a size difference), so long as the angle of the "V" does not exceed thirty (30) degrees and at no point does the distance between the backs of such sides exceed five (5) feet.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Unless otherwise provided in this article, the total surface area devoted to all signs on any lot shall not exceed the limitations set forth in this section, and all signs except temporary signs shall be included in this calculation.

(b)

Unless otherwise provided in this article, the maximum sign surface area permitted on any lot in any residential district is eight (8) square feet.

(c)

Subject to the other provisions of this section, the maximum sign surface area permitted on any lot in the C-1 district shall be determined as follows:

(1)

There may be not more than 0.5 square feet of sign surface area per linear foot of lot street frontage up to one hundred (100) feet of frontage.

(2)

There may be up to 0.75 square feet of additional sign surface area per linear foot of lot street frontage in excess of one hundred (100) feet.

(d)

Subject to the other provisions of this section, the maximum sign surface area on any lot in the C-2, C-3, I-1 and I-2 districts shall be determined by multiplying the number of linear feet of street frontage of the lot by 1.0 feet. However, in no case may the total sign surface area exceed five hundred (500) square feet.

(e)

If a lot has frontage on more than one (1) street, then the total sign surface area permitted on that lot shall be the sum of the sign surface area allotments related to each street on which the lot has frontage. However, the total sign surface area that is oriented toward a particular street may not exceed the portion of the lots total sign surface area allocation that is derived from frontage on the street.

(f)

Whenever a lot is situated such that it has no street frontage on any lot boundary and an applicant desires to install on such a lot a sign that is oriented toward a street, then the total sign surface area permitted on that lot shall be the sign surface areas that would be allowed if the lot boundary closest to the street toward which such sign is to be oriented fronted on such street. The applicant shall be restricted to using only one (1) street and the closest lot boundary to this street for determining the total permitted sign surface area. However, the applicant shall be given the opportunity to determine the one (1) street used in the calculation.

(g)

The sign surface area of any sign located on a wall of a structure may not exceed fifty (50) percent of the total surface area of the wall on which the sign is located.

(h)

The "central business district" is that area of the city designated as the central business district by the mayor and board of aldermen by ordinance adopted on November 2, 1999, and of record in Minute Book E-2 at page 3 of the minutes of the city. Signs located in the central business district that advertise businesses located in the central business district shall be calculated as follows:

(1)

Each ground floor occupant of a business structure is permitted two (2) signs facing each street upon which his business fronts. The area of said sign or signs shall not exceed two and one-half (2½) square feet of sign for every foot of front footage of the applicable building, subject to the following restrictions:

a.

The maximum square footage sign allotment shall not exceed one hundred fifty (150) square feet.

b.

Where frontage is on more than one (1) street, only the signs computed with the front footage along the street shall face that street; but in no case shall the total square footage of signs exceed one hundred fifty (150) square feet, except where additional square footage has been approved by the governing authority.

c.

Business establishments situated on the second floor of business structures and having an exterior entrance shall be permitted one (1) wall sign not to exceed four (4) square feet located adjacent to the entrance.

d.

Wall signs shall not be higher than the roof line of the buildings.

e.

No sign shall be located closer than two (2) feet from any other business located on the ground floor of the same or adjoining building, and no business sign shall be located closer than four (4) feet in any direction from any other sign.

(Ord. No. 2010-09-743, 9-7-10)

(a)

For purposes of this section, a side of a freestanding sign is any plane or flat surface included in the calculation of the total sign surface area. For example, wall signs typically have one (1) side. Freestanding signs typically have two (2) sides (back to back), although four-sided and other multi-sided signs are also common.

(b)

A single side of a freestanding sign may not exceed 0.3 square feet in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may a single side of a freestanding sign exceed fifty (50) square feet in surface area if the lot on which the sign is located has less than two hundred (200) feet of frontage on the street toward which that sign is primarily oriented, seventy-five (75) square feet on lots with two hundred (200) or more but less than four hundred (400) feet of frontage, and one hundred (100) square feet on lots with four hundred (400) or more feet of frontage.

(c)

In the C-2, C-3, I-1 and I-2 districts, a single side of a freestanding sign may not exceed 0.75 square feet in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. However, in no case may a single side of such sign exceed two hundred fifty (250) square feet in surface area.

(d)

With respect to freestanding signs that have no discernible sides, such as spheres or other shapes not composed of flat planes, no such freestanding sign may exceed the maximum total surface area allowed for a single side of freestanding sign.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Except as authorized by this section, no development may have more than one (1) freestanding sign.

(b)

If a development is located on a corner lot that has at least one hundred (100) feet of frontage on each of the two (2) intersecting public streets, then the development may have not more than one (1) freestanding sign along each side of the development bordered by such streets.

(c)

If a development is located on a lot that is bordered by two (2) public streets that do not intersect at the lots boundaries (double-front lot), then the development may have not more than one (1) freestanding sign on each side of the development bordered by such streets.

(Ord. No. 2010-09-743, 9-7-10)

At any entrance to a residential subdivision or multifamily development, there may be not more than two (2) signs identifying such subdivision or development. A single side of any such sign may not exceed sixteen (16) square feet, nor may the total surface area of all such signs located at a single entrance exceed thirty-two (32) square feet.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Freestanding signs shall observe the setback requirements set forth in this article.

(b)

No sign may extend above any parapet or be placed upon any roof surface, except that for purposes of this section, roof surfaces constructed at an angle of seventy-five (75) degrees or more from horizontal shall be regarded as wall space. This subsection shall not apply to displays, including lighting erected in connection with the observation of holidays on the roofs of residential structures.

(c)

No sign attached to a building may project more than twelve (12) inches from the building wall.

(d)

No sign or supporting structure may be located in or over the traveled portion of any public right-of-way unless the sign is attached to a structural element of a building and an encroachment permit has been obtained from the city.

(e)

No part of a freestanding sign may exceed a height, measured from ground level, of fifty (50) feet in the C-3, I-1 and I-2 districts, thirty (30) feet in the C-2 district and fifteen (15) feet in all other districts.

(f)

Exception for interstate-oriented signs, signs located within one thousand two hundred (1,200) feet of the intersection of a state and federal highway shall be allowed an additional twenty-five (25) feet of height for a total of seventy-five (75) feet, but no additional sign surface area shall be allowed.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Unless otherwise prohibited by this appendix, signs may be illuminated if such illumination is in accordance with this section.

(b)

No sign within one hundred fifty (150) feet of a residential zone may be illuminated between the hours of midnight and 6:00 a.m., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential.

(c)

Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into a public right-of-way or residential premises.

(d)

Except as herein provided:

(1)

Internally illuminated signs are not permissible in the residential zoning districts; and

(2)

Where permissible, internally illuminated freestanding signs may not be illuminated during hours that the business or enterprise advertised by such a sign is not open for business or in operation. This subsection shall not apply to the following types of signs:

a.

Signs that constitute an integral part of a vending machine, telephone booth, device that indicates time, date or weather conditions, or similar devices whose principal function is not to convey an advertising message.

b.

Signs that do not exceed two (2) square feet in area and that convey the message that a business enterprise is open or closed or that a place of lodging does or does not have a vacancy.

c.

Illuminated tubings or strings of lights that outline property lines, sales areas, roof lines, doors, windows or similar areas are prohibited.

(e)

No sign may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except signs indicating the time, date or weather conditions.

(f)

These provisions do not apply to temporary signs erected in connection with the observance of holidays.

(Ord. No. 2010-09-743, 9-7-10)

(a)

As provided in the Table of Permissible Uses (use classification 27.000), no off-premises signs (except those exempted from regulation or from permit requirements in this article) may be located in any district other than a C-3, I-1, or I-2 district.

(b)

No sign may be located so that it substantially interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from public streets or private roads.

(c)

Signs that revolve or are animated or that utilize movement or apparent movement to attract the attention of the public are prohibited. Without limiting the foregoing, banners, streamers, animated display boards, pennants, and propellers are prohibited, but signs that only move occasionally because of wind are not prohibited if their movement: (i) is not a primary design feature of the sign; and (ii) is not intended to attract attention to the sign. The restriction of this subsection shall not apply to signs indicating the time, date, or weather conditions.

(d)

No sign may be erected so that by its location, color, size, shape, nature or message it would tend to obstruct the view of or be confused with official traffic signs or other signs erected by governmental agencies.

(e)

Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property.

(Ord. No. 2010-09-743, 9-7-10)

(a)

All signs and all components, thereof, including without limitation, supports, braces and anchors, shall be kept in a state of good repair. With respect to freestanding signs, components (supporting structures, backs, etc.) not bearing a message shall be constructed of materials that blend with the natural environment or shall be painted a neutral color to blend with the natural environment.

(b)

If a sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted that sign shall be considered abandoned and shall, within thirty (30) days after such abandonment be removed by the sign owner, owner of the property where the sign is located or other party having control over such sign.

(c)

If the message portion of a sign is removed, leaving only the supporting "shell" of a sign or the supporting braces, anchors or similar components, the owner of the sign or the owner of the property where the sign is located or other person(s) having control over such sign shall, within thirty (30) days of the removal of the message portion of the sign, either replace the entire message portion of the sign or remove the remaining components of the sign. This subsection shall not be construed to alter the effect of prohibiting the replacement of a nonconforming sign. Nor shall this subsection be construed to prevent the changing of the message of a sign.

(d)

The area within ten (10) feet in all directions of any part of a freestanding sign shall be kept clear of all debris and all undergrowth more than five (5) inches in height.

(Ord. No. 2010-09-743, 9-7-10)

No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy or remove any trees, shrubs, or other vegetation located:

(1)

Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the public works director.

(2)

On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property were such trees or shrubs are located.

(3)

In any area where such trees or shrubs are required to remain under a permit issued under this zoning ordinance.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Subject to the remaining provisions of this section, nonconforming signs that are otherwise lawful as of the effective date of this ordinance may be continued.

(b)

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition. Nor may illumination be added to any nonconforming sign.

(c)

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this ordinance.

(d)

If a nonconforming sign is destroyed by natural causes, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of this appendix, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign so damaged.

(e)

The message of a nonconforming sign, when related to an existing business or activity established upon the site, may be changed so long as this does not create any new nonconformities (for example, by creating an off-premises sign under circumstances where such a sign would not be allowed). However, a change of occupancy of the premises shall require any and all site signage to conform to the provisions of this ordinance.

(f)

Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed within any twelve-month period fifty (50) percent of the value (tax value if listed for tax purposes) of such sign.

(g)

If a nonconforming sign other than a billboard advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall be removed within thirty (30) days after such abandonment by the sign owner, owner of the property where the sign is located or other party having control over such sign.

(h)

If a nonconforming billboard remains blank for a continuous period of one hundred eighty (180) days, that billboard shall be deemed abandoned and shall, within thirty (30) days after such abandonment, be altered to comply with this article or be removed by the sign owner, owner of the property where the sign is located or other person having control over such sign. For purposes of this section, a sign is "blank" if:

(1)

It advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that is no longer operating or being offered or conducted; or

(2)

The advertising message it displays becomes illegible in whole or substantial part; or

(3)

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Nonconforming signs that are otherwise lawful as of the effective date of this ordinance may be continued.

(b)

The following types of nonconforming signs or signs that are nonconforming in any of the following ways shall be altered to comply with the provisions of this article or removed within twelve (12) months after the effective date of this article:

(1)

Portable signs and temporary signs;

(2)

Signs that are in violation of this ordinance.

(Ord. No. 2010-09-743, 9-7-10)