92 - SIGN REGULATIONS4
Editor's note—Ord. No. 1459, § 1, adopted Sept. 17, 2020, replaced Ch. 17.92 in its entirety, in effect repealing former Ch. 17.92, §§ 17.92.010—17.92.090, and adding a new Ch. 17.92, §§ 17.92.010—17.92.130, as set out herein. Formerly, Ch. 17.92 pertained to similar subject matter and derived from Ord. No. 1344, § 1, adopted Oct. 18, 2012; Ord. No. 1356, § 7, adopted Oct. 17, 2013; Ord. No. 1371, § 2, adopted June 5, 2014; and Ord. No. 1398, § 8, adopted Aug. 18, 2016.
A.
The purposes of these sign regulations are to provide uniform sign standards that:
1.
Promote community pride and a positive image of the city;
2.
Protect the rights of persons and business to freedom of speech under the State of Texas and federal law;
3.
Ensure consistency with state statutes relating to sign regulations;
4.
Facilitate economic development;
5.
Reduce the confusion and traffic hazards that result from excessive and prolific use of sign displays;
6.
Promote public safety and protect persons and property by ensuring that signs do not create a hazard by:
a.
Collapsing, catching fire, or otherwise deteriorating or decaying;
b.
Confusing or distracting motorists; or
c.
Impairing a driver's ability by obstructing the awareness or visibility of pedestrians, obstacles, or other vehicles, or to read traffic-control devices or signs;
7.
Control the number, size, height, location, lightning, and design characteristics of signs to avoid visual clutter which leads to a decline in the community's appearance and property values, and reduces the effectiveness of the signs;
8.
Clearly identify various sign types by their physical and structural characteristics in order to make the regulations easier to use, while promoting the city's goals and objectives relating to the design, appearance, and economic effectiveness of signs;
9.
Address the latest and emerging technologies in the sign industry, such as electronic message centers and other types of illuminated signs, in a way that allows persons and businesses to convey and communicate while also:
a.
Protecting the use and character of neighborhoods;
b.
Enhancing the function and appearance of the city's commercial corridors; and
c.
Promoting the city's character and design objectives; and
10.
Implement the city's comprehensive plan;
11.
Coordinate the city's sign regulations with the applicable zoning districts in order to protect and promote the purpose and character of those districts.
B.
These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the city. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
C.
These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Subject to the property owner's consent, a commercial message or noncommercial message of any type may be substituted for any duly permitted or allowed noncommercial message provided that the sign structure or mounting devise is legal without consideration of message content. Such substitution of message requires a sign permit, unless otherwise allowed by this chapter. This provision prevails over any provision to the contrary in this ordinance. The purpose of this provision is to prevent any inadvertent favoring of a commercial message over a noncommercial message, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting devise be properly permitted.
B.
All noncommercial messages are considered on-premises signs and are entitled to the privileges that on-premises signs receive under this title.
(Ord. No. 1459, § 1, 9-17-2020)
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Abandoned sign." Any sign which, for at least six continuous months, does not serve a bona fide purpose or for which no legal owner can be found.
"Address sign." A required sign which displays the official address of a property, building, or suite.
"Alteration" (sign alteration). Any change of size, shape, illumination, position, location, construction, or supporting structure of any sign.
"Animated sign." Any sign having a conspicuous and intermittent variation in illumination, or physical position of any or all of its parts, or that uses movement or change of lighting to depict action or create a special effect or scene.
"Balloon sign." An inflated device carried aloft or fixed to the ground used for the purpose of advertising or drawing attention.
"Banner sign." Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners.
"Beacon." Any light with one or more beams that may rotate or move and are directed into the atmosphere. A searchlight is a beacon.
"Blade sign." A pedestrian-oriented sign that is affixed perpendicular to the corner of a building or along the front façade of a building above the ground floor to provide identification for the whole building. The sign may be affixed directly to the building, suspended under a bracket that is mounted to a building, or suspended under a canopy, awning or arcade.
"Building sign." Any sign attached to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) that encloses or covers usable space, as contrasted to a freestanding sign.
"Canopy sign." Any sign that is a part of, attached to, or affixed to the top of an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
"Changeable copy sign." A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign, including electronic and light-emitting diode (LED) signs. A sign on which the message changes more frequently than permitted in this chapter shall be considered an animated sign and not a changeable copy sign for the purposes of this title.
"Commercial message." Speech or graphics advertising a business, provision, commodity, service, or entertainment.
"Dilapidated or deteriorated sign." Any sign 1) where any portion of the finished material, surface, or message portion of the sign is visibly faded so as to no longer be clearly read, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or 2) whose elements or structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by failure of a structural member).
"Flag sign." Displays on cloth or other flexible material attached on only one side.
"Freestanding sign." Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Pylon signs and monument signs are examples of freestanding signs.
"Government sign." A sign that is constructed, placed, or maintained by the federal, state, or local government or a sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce a property owner's rights.
"Height" (of a sign). Height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
"Incidental sign." A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "exit," "loading only," and other similar directives. No sign with a commercial message greater than one square foot shall be considered incidental.
"Model home sign." A sign erected at a location where a home is built as a model home or real estate office for a home builder within a residential subdivision.
"Monument sign." A freestanding sign having a low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. Monument signs must include a solid masonry base at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the monument sign. A monument sign may contain the name, logo, address, product or service of the establishment, and a changeable copy panel.
"Normal grade" shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the main building on the lot, whichever is lower.
"Painted wall sign." A sign applied to a building wall with paint and which has no sign structure.
"Pennant sign." 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 series, designed to move in the wind.
"Pole sign." A sign that is mounted on a pole or other support so that the bottom edge of the sign cabinet is more than eight feet above normal grade. A pole sign is a prohibited sign.
"Portable sign." Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frame or T-frame; menu or sandwich board signs; and umbrellas used for advertising. Portable signs are considered temporary signs.
"Projecting sign." Any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve inches beyond the surface of such building or wall.
"Pylon sign." A freestanding sign other than a pole sign, permanently affixed to the ground by two columns or supports with the sign face contained entirely between the two columns and the bottom edge of the sign cabinet is a minimum of eight feet above normal grade.
"Real estate sign." An on-premises commercial message sign, advertising a parcel of land or a structure for rent, lease, or sale.
"Responsible party." The owner/operator of the business being identified on the sign; the owner of the property upon which the sign or sign structure is located; the owner of the sign or sign structure; the person who installs a sign or sign structure, or contracts with a third party to accomplish the installation; and/or the person who retrieves a sign from the impound.
"Roof sign." Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
"Sign." A presentation of letters, numbers, figures, pictures, emblems, insignias, lines or colors or any combination thereof, displayed for the purpose of information, direction or identification, or to advertise or promote a business, service, activity, interest or product. The following characteristics of signs are regulated in this chapter: 1) "Beacon." Any light with one or more beams that may rotate or move and are directed into the atmosphere. A searchlight is a beacon; 2) "Flashing." Operation that creates flashing light, change in light intensity, color or copy, or intermittent light impulses; 3) "Motion." The moving or rotating of a sign or portion thereof, or the giving of the perception of motion, other than a message center as hereinafter defined; 4) "Reflective." A sign having copy or background made of reflective surfaces made to shimmer.
"Sign setback." The minimum distance required between any property line and any portion of a sign or sign structure.
"Special event signs." Includes pennants and banners.
"Street frontage." Length of the front property line where it is adjacent to a street right-of-way. The secondary front property line may be included provided it faces property that is not residentially zoned.
"Subdivision wall sign." A sign located near the entryway of a residential subdivision on a required perimeter wall.
"Temporary sign." Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.
"Vehicle sign." Any sign attached to or painted on vehicles parked and visible from the public right-of-way.
"Visibility triangle." A clear view area, between heights of three and ten feet, formed by the corner and points on every property line, extending thirty-five from the intersection or entrance.
"Wall sign." Any sign attached parallel to, but within six inches of, a wall and its leading edge no more than twelve inches from the wall. The signs shall be constructed and confined within the limits of an outside wall of any building or structure, which is supported by such a wall or building, and which displays only one sign surface. For the purpose of this section, awnings, canopy fascias and mansards extending along a building side shall be considered a part of the wall. Lighted signs in a window affixed to a window, or otherwise located for the purpose of being viewed from the exterior of a building through a window shall also 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 the window panes or glass and is visible from the exterior of the window.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Signs not expressly permitted as being allowed by right or by permit under this ordinance, by specific requirements in another portion of this ordinance, or otherwise expressly allowed by the city council or board of adjustment are not allowed within the city. Such signs include, but are not limited to:
1.
Signs which imitate or resemble any official traffic sign, signal or device; or which use a revolving beam or beacon resembling any emergency vehicle, or are located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or so as to obstruct or interfere with the view of a driver of approaching, emerging, or intersecting traffic, or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of two hundred fifty feet along the street.
2.
Signs which are erected or maintained upon trees or which are painted or drawn upon rocks or other natural features.
3.
Beacons and/or searchlights.
4.
Strings of lights not permanently mounted to a rigid background, except those holiday lights and decorations exempt by this chapter.
5.
Projecting signs; except blade or canopy signs.
6.
Roof signs.
7.
Animated or moving signs.
8.
Signs located on private property without the consent of the owner of said premises.
9.
Signs that are located in or interfere with the use of a required off-street parking space or maneuvering area.
10.
Signs which are, or are becoming deteriorated, dilapidated or in danger of falling or otherwise unsafe.
11.
Any unauthorized sign on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign, or other public structure or building, or any sign located in, on, over or within a public street, sidewalk, alley, easement, or right-of-way.
12.
Illuminated signs, which:
a.
Are illuminated in such a manner, due to high intensity light fixtures or without proper shielding, so as to constitute a hazard to the operation of motor vehicles upon a public street or substantially interfere with the reasonable enjoyment of residential property; or
b.
Have any type of intermittent illumination, including flashing, fading, revolving, intermittently lighted, changing color or blinking lights.
13.
Balloons or other inflatable devises.
14.
Signs which display obscene, indecent, or immoral matter.
15.
Pole signs.
16.
Painted wall signs.
17.
Signs that contain exposed bulbs and/or exposed neon.
18.
Signs that contain reflective materials.
19.
Signs that are made structurally sound by guy wires or unsightly bracing.
B.
Nothing in this title prohibits signs placed on public property designated as an official polling place on a designated election day so long as such signs are located outside the specified distance from the polling place entrance as permitted by state election laws.
(Ord. No. 1459, § 1, 9-17-2020)
The following signs shall be exempt from regulations under this chapter:
A.
Government signs. A government sign is a sign that is constructed, placed, and/or maintained by the federal, state, or local government or a sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce a property owner's rights.
B.
Traffic control devices that are erected and maintained to comply with the Texas Manual on Uniform Traffic Control Devices, as approved by the city engineer.
C.
Signs required by other law, including federal, state, or local law, including a sign that a property owner is required to post on the owner's property to warn of danger or to prohibit access to the property, either generally or specifically; the owner must comply with the federal, state or local law to post a sign on the property.
D.
Vehicle signs, when such vehicle is used in the normal day-to-day operations of the business (i.e. is used or moved at least once during a seventy-two hour period).
E.
Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.
F.
Works of art that do not include a commercial message.
G.
Holiday lights and decorations with no commercial message, provided they are maintained in accordance with applicable regulations.
H.
Seasonal and/or promotional banners installed by the Fort Worth Independent School District attached to streetlight poles, utility poles or other authorized structures. Banners shall not exceed fifteen square feet per banner and each pole or other authorized structure shall not have more than two banners attached.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Permits. Except as otherwise provided for herein; no sign shall be erected, altered, changed, or reconstructed in whole or in part, within the city without first obtaining a permit. Separate electrical permits are required for those signs requiring electrical inspections.
B.
Calculating sign area. Sign area is calculated by taking the area of the smallest individual rectangle, triangle or circle or combination of not more than two contiguous rectangles, triangles, or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim. The area of a double face sign shall be construed to be the area of the largest single face of the sign, provided that the interior angle formed by the two faces does not exceed thirty degrees.
C.
A permit shall not be required for:
1.
Routine maintenance; adjustments, replacement of light bulbs, etc. on existing signs.
2.
When a sign has been damaged by fire, windstorm, or other causes, immediate work may be done to prevent damage to property or hazard to persons, and to this extent only. Notice will be given as soon as practical to the building official.
3.
Window signs where expressly allowed; however, regulations still apply.
4.
Incidental signs where expressly allowed; however, regulations still apply.
5.
Temporary signs where expressly allowed; however, regulations still apply.
(Ord. No. 1459, § 1, 9-17-2020)
Expressly permitted signs and regulations for single family districts:
A.
The following regulations apply to signs within the "A," "B," "BR," "SD," "RE," and "MH" Districts:
1.
Subdivision Wall Signs. Residential developments may place a sign on a masonry wall. Each entrance is permitted one sign, not to exceed thirty square feet in size, and illuminated only by spot-lighting; and the masonry wall must be controlled, owned, and maintained by a valid property owner association.
2.
Model Home Signs. Each builder may construct one sign where they have located a real estate sales office/model home. Only one sign is allowed per builder, per subdivision and the sign shall not exceed forty-eight square feet and six feet in height. Once the home is sold, the sign must be removed.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178).
4.
Temporary Signs.
a.
A property owner may place one temporary sign with a sign face no larger than six square feet on the property at any time to display a noncommercial message.
b.
One additional temporary sign, not exceeding thirty-six square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
c.
One additional temporary sign, not exceeding six square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
(Ord. No. 1459, § 1, 9-17-2020)
Expressly permitted signs and regulations for multi-family districts:
A.
The following regulations apply to signs within the "CR" and "C" Districts:
1.
Subdivision Wall Signs. Residential developments may place a sign, located on a masonry wall. Each entrance is permitted one sign, not to exceed thirty square feet in size, and illuminated only by spot-lighting; and the masonry wall must be controlled, owned, and maintained by a valid property owner association.
2.
Model Home Signs. Each builder may construct one sign where they have located a real estate sales office/model home. Only one sign is allowed per builder, per subdivision and the sign shall not exceed forty-eight square feet and six feet in height. Once the home is sold, the sign must be removed.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags must be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178).
4.
Building Signs. Building signs are regulated as follows:
a.
Address signs for residential uses. Each dwelling unit shall display its official address.
b.
Address signs for non-residential uses. Each building and suite shall display its official address.
5.
Temporary Signs.
a.
A property owner may place one temporary sign with a sign face no larger than six square feet on the property at any time to display a noncommercial message.
b.
One additional temporary sign, not exceeding thirty-six square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
c.
One additional temporary sign, not exceeding six square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten) days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
B.
The following regulations apply to signs within the "D" District.
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred feet of frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Monument Signs. Each sign shall not exceed of forty square feet in sign area and shall not exceed six feet in height. The sign structure shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from the street right-of-way line.
2.
Building Signs. Building signs are regulated as follows:
a.
Wall signs. Each property is allowed a maximum of sixty square feet of signage. Signs must be parallel to, but within six inches of a wall, and erected and confined within the limits of an outside wall of any building.
b.
Address sign for residential uses. Each dwelling unit shall display its official address. Not included in wall sign area calculation.
c.
Address signs for non-residential uses. Each building and suite shall display its official address. Not included in wall sign area calculation.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area. Signs placed on the building or wall, shall not contain a commercial message.
5.
Temporary Signs.
a.
New developments. While working under a valid building permit for new construction, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
One additional temporary sign, not exceeding forty square feet in size, may be located on the owner's property for a period of thirty-six days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
c.
One additional temporary sign, not exceeding sixteen square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
(Ord. No. 1459, § 1, 9-17-2020)
Expressly permitted signs and regulations for non-residential and mixed-use districts:
A.
The following regulations apply to signs within the "E" and "CF" Districts:
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred one hundred feet of street frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. A property with multiple tenants are permitted a ten percent increase over the maximum sign area allowed for each additional tenant, up to a maximum of one-hundred percent; only one sign per property may qualify for the multiple tenant increase. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Pylon Signs. The signs shall not exceed a sign area of eighty square feet and shall not exceed a height of thirty-five feet. The lowest portion of the sign area, cabinet, or structure shall be no less than eight feet above normal grade. The sign face shall be contained entirely between two columns or supports, which are permanently affixed to the ground. The sign shall be no less than twenty-five feet from any property line; however, in no case shall the actual sign height exceed the actual sign setback from a street right-of way line or any adjacent lot that is zoned and used for residential purposes. Regardless of street frontage length in excess of one hundred feet, only one pylon sign is permitted on each street frontage.
b.
Monument Signs. The signs shall not exceed a sign area of eighty square feet and shall not exceed six feet in height. The sign shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from any property line.
c.
Changeable Copy Signs. Allowed on one freestanding sign per property. Changeable copy signs are regulated as follows:
i.
Dwell Time: Changeable copy signs, whether electronic, digital, manual or automatic that changes more frequently than one frame every thirty seconds shall be prohibited.
ii.
Transition: The duration or interval of time between each individual advertisement, message or picture is a maximum of two seconds and shall not include fading, movement, or other electronic effects.
iii.
Dim Control: Changeable copy signs shall have a sensor or other device, manual or automatic, that adjusts the brightness of the sign to be no more than three-tenths foot-candles greater than ambient light conditions when measured at the closest property line.
iv.
Prohibited Content: No portion of a changeable copy sign may scroll, fluctuate in light intensity, use sudden transitory bursts or create the illusion of movement.
v.
Maintenance: Any changeable copy sign using electronic or electro-mechanical technology which malfunctions, fails, or ceases to operate in its usual or normal programmed manner in accordance with these regulations shall be repaired or disconnected within forty-eight hours by the owner or operator of such sign.
vi.
Conformity: A changeable copy sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.
vii.
Area: Changeable copy may not exceed fifty percent of the total sign area or fifty square feet, whichever is less.
2.
Building Signs. The total area for all building signs shall not exceed twenty-five percent of the total wall area. Building signs are regulated as follows:
a.
Wall Signs. Total wall sign area shall not exceed twenty-five percent of the wall area, including windows to which it is attached. Signs must be parallel to, but within six inches of a wall, and its leading edge no more than twelve inches from the wall. Signs shall be constructed and confined within the limits of an outside wall of any building.
b.
Banner (Wall) Signs. Banners shall be securely mounted flush with the surface of the building. Sign area shall be included with the total wall sign area allowed.
c.
Blade Signs. Signs shall not exceed eight square feet and regulated as follows:
i.
Affixed perpendicular to the building façade and may be located under a canopy or awning or under the soffit of an arcade.
ii.
Shall be installed with a minimum clearance of eight feet above normal grade and/or sidewalk.
iii.
Shall not extend over any parking or travel lane.
d.
Canopy Signs. Signs shall be regulated as follows:
i.
A sign that is affixed to the top of an awning, canopy or structural cover over an entry or outdoor service area shall not extend more than twenty-four inches above the edge of the structure to which it is attached.
ii.
Individual letters attached across the length of the awning, canopy, or structural cover are permitted.
iii.
Signs on the angled portion of a canopy or awning shall not exceed more than seventy-five percent of the canopy area to which it will be applied.
e.
Window Signs. Allowed so long as they are painted on or affixed within the building and do not cover more than twenty-five percent of the total window area.
f.
Address sign for residential uses. Each dwelling unit shall display its official address.
g.
Address Signs for Non-Residential Uses. Each building and suite shall display its official address.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One Commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area.
5.
Temporary Signs.
a.
New Developments and Remodels. While working under a valid building permit for new construction or remodel, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
Portable Signs. Portable signs may be temporarily located on property subject to the following conditions:
i.
No portable sign shall be located within the city unless a permit is issued by the building official.
ii.
Except as provided in section "xi" below, not more than one portable sign may be located on a single platted lot of record or parcel as shown on the City's tax records at any time.
iii.
Portable signs may not exceed fifty square feet of sign area and eight feet in overall height.
iv.
All portable signs must be located on private property, a minimum of thirty-five feet from the intersection of any street or highway right-of-way.
v.
Portable signs may not be located in areas where they, create a safety hazard to vehicular or pedestrian traffic.
vi.
Except as provided in "xi" below, permits may be issued by the inspection department for periods not to exceed twenty-eight days per occasion and not to exceed four occasions per calendar year for a portable sign on any single platted lot of record or parcel as shown on the city's tax records under the same ownership.
vii.
All applications for portable sign permits presented to the building inspection department must include the following information: name, address, phone number of the owner of the property, the renter of the sign, and the owner of the sign; the proposed dates the sign would be located on the property; the signature of the sign owner responsible for removal of the portable sign; and a scale drawing including the legal description of the property, all applicable property lines and dimensions, all street intersections, all applicable driveways, all applicable parking and off-street traffic circulation areas, and accurately showing the proposed location of the portable sign. Except as provided in item "xi" below, the owner of any portable sign shall be responsible for obtaining the permit required herein and shall be responsible for any violations of this title whether the sign is leased or rented to another or not. Upon obtaining a building permit, the owner of said sign shall sign a statement indemnifying and holding the city harmless for any damages which may result from the placement of said sign.
viii.
Portable signs, when permitted, may not be relocated to any other location on the property or to another property without prior authorization from the building inspection department. Any approved relocation of a permitted portable sign does not extend the authorized time period of the sign.
ix.
Portable signs shall be required to meet all applicable building and electrical codes.
x.
Portable signs shall be maintained in good state of repair and shall not be allowed to become dilapidated, unsightly, or deteriorated.
xi.
Portable Signs on Multiple Tenant Properties: Properties with multiple tenants (e.g. shopping centers or strips) and having more than four hundred feet of street frontage are permitted to have two portable signs present on a single property. For properties with over six hundred feet of street frontage are permitted an additional sign for each two hundred feet of street frontage above four hundred feet. Properties with multiple tenants may increase the total number of occasions allowed per calendar year by four for each two hundred feet of frontage above the first two hundred feet. Applications for portable signs on multiple tenant properties must be made by the property owner or their designated property manager or by the sign contractor with written authorization from the owner or property manager authorizing the specific sign being requested. It is the duty of the property owner or manager to determine which tenant shall be authorized for a sign within the total number allowed.
c.
One additional temporary sign, not exceeding eighty square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
d.
One additional temporary sign, not exceeding thirty-two square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
e.
Special Event Signs ("E" District Only). Pennants and banners for special events (e.g. grand openings) are only allowed for thirty days within a twelve-month period.
B.
The following regulations apply to signs within the "F," "HC," "G," and "MU" Districts:
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred feet of street frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. A property with multiple tenants are permitted a ten percent increase over the maximum sign area allowed for each additional tenant, up to a maximum of one-hundred percent; only one sign per property may qualify for the multiple tenant increase. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Pylon Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed a height of thirty-five feet. The lowest portion of the sign area, cabinet, or structure shall be no less than eight feet above normal grade. The sign face shall be contained entirely between two columns or supports, which are permanently affixed to the ground. The sign shall be no less than twenty-five feet from any property line; however, in no case shall the actual sign height exceed the actual sign setback from a street right-of-way line or any adjacent lot that is zoned and used for residential purposes. Regardless of street frontage length in excess of one hundred feet, only one pylon sign is permitted on each street frontage.
b.
Monument Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed six feet in height and twelve feet in width. The sign shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from any property line.
i.
Exception. One monument sign, per property, may have a maximum height of ten feet.
c.
Changeable Copy Signs. Allowed on one freestanding sign per property. Changeable copy signs are regulated as follows:
i.
Dwell Time: Changeable copy signs, whether electronic, digital, manual or automatic that changes more frequently than one frame every thirty seconds shall be prohibited.
ii.
Transition: The duration or interval of time between each individual advertisement, message or picture is a maximum of two seconds and shall not include fading, movement, or other electronic effects.
iii.
Dim Control: Changeable copy signs shall have a sensor or other device, manual or automatic, that adjusts the brightness of the sign to be no more than three-tenths foot-candles greater than ambient light conditions when measured at the closest property line.
iv.
Prohibited Content: No portion of a changeable copy sign may scroll, fluctuate in light intensity, use sudden transitory bursts or create the illusion of movement.
v.
Maintenance: Any changeable copy sign using electronic or electro-mechanical technology which malfunctions, fails, or ceases to operate in its usual or normal programmed manner in accordance with these regulations shall be repaired or disconnected within forty-eight hours by the owner or operator of such sign.
vi.
Conformity: A changeable copy sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.
vii.
Area: Changeable copy may not exceed fifty percent of the total sign area or fifty square feet, whichever is less.
2.
Building Signs. The total area for all building signs shall not exceed twenty-five percent of the total wall area. Building signs are regulated as follows:
a.
Wall Signs. Total wall sign area shall not exceed twenty-five percent of the wall area, including windows, to which it is attached. Signs must be parallel to, but within six inches of a wall, and its leading edge no more than twelve inches from the wall. Signs shall be constructed and confined within the limits of an outside wall of any building.
b.
Banner Signs. Banners shall be securely mounted flush with the surface of the building. Sign area shall be included with the total wall sign area allowed.
c.
Blade Signs. Signs shall not exceed eight square feet and regulated as follows:
i.
Affixed perpendicular to the building façade and may be located under a canopy or awning or under the soffit of an arcade.
ii.
Shall be installed with a minimum clearance of eight feet above normal grade and/or sidewalk.
iii.
Shall not extend over any parking or travel lane.
d.
Canopy Signs. Signs shall be regulated as follows:
i.
A sign that is affixed to the top of an awning, canopy or structural cover over an entry or outdoor service area shall not extend more than twenty-four inches above the edge of the structure to which it is attached.
ii.
Individual letters attached across the length of the awning, canopy, or structural cover are permitted.
iii.
Signs on the angled portion of a canopy or awning shall not exceed more than seventy-five percent of the canopy area to which it will be applied.
e.
Window Signs. Signs are allowed so long as they are painted on or affixed within the building and do not cover more than twenty-five percent of the total window area.
f.
Address Sign for Residential Uses. Each dwelling unit shall display its official address.
g.
Address Signs for Non-Residential Uses. Each building and suite shall display its official address.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One Commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area.
5.
Temporary Signs.
a.
New Developments and Remodels. While working under a valid building permit for new construction or remodel, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
Portable Signs. Portable signs may be temporarily located on property subject to the following conditions:
i.
No portable sign shall be located within the city unless a permit is issued by the building official.
ii.
Except as provided in section "xi" below, not more than one portable sign may be located on a single platted lot of record or parcel as shown on the City's tax records at any time.
iii.
Portable signs may not exceed fifty square feet of sign area and eight feet in overall height.
iv.
All portable signs must be located on private property, a minimum of thirty-five feet from the intersection of any street or highway right-of-way.
v.
Portable signs may not be located in areas where they, create a safety hazard to vehicular or pedestrian traffic.
vi.
Except as provided in "xi" below, permits may be issued by the inspection department for periods not to exceed twenty-eight days per occasion and not to exceed four occasions per calendar year for a portable sign on any single platted lot of record or parcel as shown on the city's tax records under the same ownership.
vii.
All applications for portable sign permits presented to the building inspection department must include the following information: name, address, phone number of the owner of the property, the renter of the sign, and the owner of the sign; the proposed dates the sign would be located on the property; the signature of the sign owner responsible for removal of the portable sign; and a scale drawing including the legal description of the property, all applicable property lines and dimensions, all street intersections, all applicable driveways, all applicable parking and off-street traffic circulation areas, and accurately showing the proposed location of the portable sign. Except as provided in item "xi" below, the owner of any portable sign shall be responsible for obtaining the permit required herein and shall be responsible for any violations of this Title whether the sign is leased or rented to another or not. Upon obtaining a building permit, the owner of said sign shall sign a statement indemnifying and holding the city harmless for any damages which may result from the placement of said sign.
viii.
Portable signs, when permitted, may not be relocated to any other location on the property or to another property without prior authorization from the building inspection department. Any approved relocation of a permitted portable sign does not extend the authorized time period of the sign.
ix.
Portable signs shall be required to meet all applicable building and electrical codes.
x.
Portable signs shall be maintained in good state of repair and shall not be allowed to become dilapidated, unsightly, or deteriorated.
xi.
Portable Signs on Multiple Tenant Properties: Properties with multiple tenants (e.g. shopping centers or strips) and having more than four hundred feet of street frontage are permitted to have two portable signs present on a single property. For properties with over six hundred feet of street frontage are permitted an additional sign for each two hundred feet of street frontage above four hundred feet. Properties with multiple tenants may increase the total number of occasions allowed per calendar year by four for each two hundred feet of frontage above the first two hundred feet. Applications for portable signs on multiple tenant properties must be made by the property owner or their designated property manager or by the sign contractor with written authorization from the owner or property manager authorizing the specific sign being requested. It is the duty of the property owner or manager to determine which tenant shall be authorized for a sign within the total number allowed.
c.
One additional temporary sign, not exceeding one hundred twenty square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
d.
One additional temporary sign, not exceeding thirty-two square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
e.
Special Event Signs. Pennants and banners for special events (e.g. grand openings) are only allowed for thirty days within a twelve-month period.
C.
The following regulations apply to signs within the "H" District:
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred feet of street frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. A property with multiple tenants are permitted a ten percent increase over the maximum sign area allowed for each additional tenant, up to a maximum of one-hundred percent; only one sign per property may qualify for the multiple tenant increase. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Pylon Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed a height of thirty-five feet. The lowest portion of the sign area, cabinet, or structure shall be no less than eight feet above normal grade. The sign face shall be contained entirely between two columns or supports, which are permanently affixed to the ground. The sign shall be no less than twenty-five feet from any property line; however, in no case shall the actual sign height exceed the actual sign setback from a street right-of way or any adjacent lot that is zoned and used for residential purposes. Regardless of street frontage length in excess of one hundred feet, only one pylon sign is permitted on each street frontage.
b.
Monument Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed six feet in height and twelve feet in width. The sign shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from any property line.
i.
Exception. One monument sign, per property, may have a maximum height of ten feet.
c.
Changeable Copy Signs. Allowed on one freestanding sign per property. Changeable copy signs are regulated as follows:
i.
Dwell Time: Changeable copy signs, whether electronic, digital, manual or automatic that changes more frequently than one frame every thirty seconds shall be prohibited.
ii.
Transition: The duration or interval of time between each individual advertisement, message or picture is a maximum of two seconds and shall not include fading, movement, or other electronic effects.
iii.
Dim Control: Changeable copy signs shall have a sensor or other device, manual or automatic, that adjusts the brightness of the sign to be no more than three-tenths foot-candles greater than ambient light conditions when measured at the closest property line.
iv.
Prohibited Content: No portion of a changeable copy sign may scroll, fluctuate in light intensity, use sudden transitory bursts or create the illusion of movement.
v.
Maintenance: Any changeable copy sign using electronic or electro-mechanical technology which malfunctions, fails, or ceases to operate in its usual or normal programmed manner in accordance with these regulations shall be repaired or disconnected within forty-eight hours by the owner or operator of such sign.
vi.
Conformity: A changeable copy sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.
vii.
Area: Changeable copy may not exceed fifty percent of the total sign area or fifty square feet, whichever is less.
2.
Building Signs. The total area for all building signs shall not exceed twenty-five percent of the total wall area. Building signs are regulated as follows:
a.
Wall Signs. Total wall sign area shall not exceed twenty-five percent of the wall area, including windows to which it is attached. Signs must be parallel to, but within six inches of a wall, and its leading edge no more than twelve inches from the wall. Signs shall be constructed and confined within the limits of an outside wall of any building.
b.
Banner Signs. Banners shall be securely mounted flush with the surface of the building. Sign area shall be included with the total wall sign area allowed.
c.
Blade Signs. Signs shall not exceed eight square feet and regulated as follows:
i.
Affixed perpendicular to the building façade and may be located under a canopy or awning or under the soffit of an arcade.
ii.
Shall be installed with a minimum clearance of eight feet above normal grade and/or sidewalk.
iii.
Shall not extend over any parking or travel lane.
d.
Canopy Signs. Signs shall be regulated as follows:
i.
A sign that is affixed to the top of an awning, canopy or structural cover over an entry or outdoor service area shall not extend more than twenty-four inches above the edge of the structure to which it is attached.
ii.
Individual letters attached across the length of the awning, canopy, or structural cover are permitted.
iii.
Signs on the angled portion of a canopy or awning shall not exceed more than seventy-five percent of the canopy area to which it will be applied.
e.
Address Sign for Residential Uses. Each dwelling unit shall display its official address.
f.
Address Signs for Non-Residential uses. Each building and suite shall display its official address.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One Commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area.
5.
Temporary Signs.
a.
New Developments and Remodels. While working under a valid building permit for new construction or remodel, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
Portable Signs. Portable signs may be temporarily located on property subject to the following conditions:
i.
No portable sign shall be located within the city unless a permit is issued by the building official.
ii.
Except as provided in section "xi" below, not more than one portable sign may be located on a single platted lot of record or parcel as shown on the City's tax records at any time.
iii.
Portable signs may not exceed fifty square feet of sign area and eight feet in overall height.
iv.
All portable signs must be located on private property, a minimum of thirty-five feet from the intersection of any street or highway right-of-way.
v.
Portable signs may not be located in areas where they, create a safety hazard to vehicular or pedestrian traffic.
vi.
Except as provided in "xi" below, permits may be issued by the inspection department for periods not to exceed twenty-eight days per occasion and not to exceed four occasions per calendar year for a portable sign on any single platted lot of record or parcel as shown on the city's tax records under the same ownership.
vii.
All applications for portable sign permits presented to the building inspection department must include the following information: name, address, phone number of the owner of the property, the renter of the sign, and the owner of the sign; the proposed dates the sign would be located on the property; the signature of the sign owner responsible for removal of the portable sign; and a scale drawing including the legal description of the property, all applicable property lines and dimensions, all street intersections, all applicable driveways, all applicable parking and off-street traffic circulation areas, and accurately showing the proposed location of the portable sign. Except as provided in item "xi" below, the owner of any portable sign shall be responsible for obtaining the permit required herein and shall be responsible for any violations of this title whether the sign is leased or rented to another or not. Upon obtaining a building permit, the owner of said sign shall sign a statement indemnifying and holding the city harmless for any damages which may result from the placement of said sign.
viii.
Portable signs, when permitted, may not be relocated to any other location on the property or to another property without prior authorization from the building inspection department. Any approved relocation of a permitted portable sign does not extend the authorized time period of the sign.
ix.
Portable signs shall be required to meet all applicable building and electrical codes.
x.
Portable signs shall be maintained in good state of repair and shall not be allowed to become dilapidated, unsightly, or deteriorated.
xi.
Portable Signs on Multiple Tenant Properties: Properties with multiple tenants (e.g. shopping centers or strips) and having more than four hundred feet of street frontage are permitted to have two portable signs present on a single property. For properties with over six hundred feet of street frontage are permitted an additional sign for each two hundred feet of street frontage above four hundred feet. Properties with multiple tenants may increase the total number of occasions allowed per calendar year by four for each two hundred feet of frontage above the first two hundred feet. Applications for portable signs on multiple tenant properties must be made by the property owner or their designated property manager or by the sign contractor with written authorization from the owner or property manager authorizing the specific sign being requested. It is the duty of the property owner or manager to determine which tenant shall be authorized for a sign within the total number allowed.
c.
One additional temporary sign, not exceeding one hundred twenty square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
d.
One additional temporary sign, not exceeding thirty-two square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agree ment has been executed. This subsection does not limit the content of the sign allowed under this subsection.
e.
Special Event Signs. Pennants and banners for special events (e.g. grand openings) are only allowed for thirty days within a twelve-month period.
(Ord. No. 1459, § 1, 9-17-2020; Ord. No. 1465, §§ 1—5, 4-1-2021)
A.
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with the code, at all times.
B.
All signs shall comply with applicable provisions of the International Building Code and the National Electric Code, as adopted by the city, including separation requirements from electrical lines, at all times.
C.
All signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure, except where expressly allowed by this Title.
D.
Removal or Repair of Dilapidated, Deteriorated or Unsafe Signs: If the building official shall determine that any sign is dilapidated, deteriorated, unsafe, insecure, or is a menace to the public, he shall give written notice to the owner, lessee or sign erector for such sign. Conforming signs may be repaired or removed, while nonconforming signs must be removed. If the owner lessee or sign erector fails to remove or repair the sign within ten days after such notice, such sign may be removed by the building official at the expense of the owner of the property upon which it is located. The building official may cause any sign that is an immediate hazard to persons to be removed summarily and without notice and the cost of same shall be paid by the landowner.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Signs lawfully in existence on the date the provisions of this chapter are adopted that do not conform to the provisions of this title, but which were in compliance with the applicable regulations at the time they were constructed, erected, affixed, or maintained, must be regarded as non-conforming.
B.
Non-conforming signs may continue in use; however, any sign which is rebuilt, relocated, modified, enlarged, extended, altered other than by normal maintenances to the configuration existing at the time it was legally constructed must conform to the regulations of this chapter. Individual sign panel changes on freestanding signs may be allowed, with an approved sign permit, so long as the sign's location, height, cabinet(s), basic construction, and other significant characteristics remain unchanged and the total sign area does not increase.
C.
Zoning Board of Adjustment (ZBA). The ZBA may authorize the alteration or reconstruction of a nonconforming sign provided such reconstruction does not, in the judgment of the board, increase the degree of nonconformity of the sign and that the long-term goal of bringing signs into compliance is achieved. Applications for authorization under this section are subject to the same fees as a variance.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Removal of Abandoned or Obsolete Signs: Any sign, which the building official determines is abandoned or no longer serves a bona fide purpose or use conforming to this title, shall be removed by the sign erector, owner or lessee of the land, buildings, or structure upon which the sign is located within ten days after written notification to do so from the building official. Upon failure to comply with such notice, the building official is hereby authorized to cause the removal of such sign and any expense incident thereto shall be paid by the sign erector, owner or lessee of the land, building or structure to which such sign is attached or upon which it is erected.
(Ord. No. 1459, § 1, 9-17-2020)
A.
The building official, or designee, is hereby authorized and directed to enforce all the provisions of this chapter.
B.
The responsible party is responsible for compliance with this chapter.
C.
Signs Forfeited: Any sign installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. A violation of this provision is subject to a fine as provided in Section 17.104.020 of this title. In addition to other remedies hereunder, the city shall have the right to recover from the owner or persons placing such a sign the full costs of removal and disposal of such sign.
(Ord. No. 1459, § 1, 9-17-2020)
92 - SIGN REGULATIONS4
Editor's note—Ord. No. 1459, § 1, adopted Sept. 17, 2020, replaced Ch. 17.92 in its entirety, in effect repealing former Ch. 17.92, §§ 17.92.010—17.92.090, and adding a new Ch. 17.92, §§ 17.92.010—17.92.130, as set out herein. Formerly, Ch. 17.92 pertained to similar subject matter and derived from Ord. No. 1344, § 1, adopted Oct. 18, 2012; Ord. No. 1356, § 7, adopted Oct. 17, 2013; Ord. No. 1371, § 2, adopted June 5, 2014; and Ord. No. 1398, § 8, adopted Aug. 18, 2016.
A.
The purposes of these sign regulations are to provide uniform sign standards that:
1.
Promote community pride and a positive image of the city;
2.
Protect the rights of persons and business to freedom of speech under the State of Texas and federal law;
3.
Ensure consistency with state statutes relating to sign regulations;
4.
Facilitate economic development;
5.
Reduce the confusion and traffic hazards that result from excessive and prolific use of sign displays;
6.
Promote public safety and protect persons and property by ensuring that signs do not create a hazard by:
a.
Collapsing, catching fire, or otherwise deteriorating or decaying;
b.
Confusing or distracting motorists; or
c.
Impairing a driver's ability by obstructing the awareness or visibility of pedestrians, obstacles, or other vehicles, or to read traffic-control devices or signs;
7.
Control the number, size, height, location, lightning, and design characteristics of signs to avoid visual clutter which leads to a decline in the community's appearance and property values, and reduces the effectiveness of the signs;
8.
Clearly identify various sign types by their physical and structural characteristics in order to make the regulations easier to use, while promoting the city's goals and objectives relating to the design, appearance, and economic effectiveness of signs;
9.
Address the latest and emerging technologies in the sign industry, such as electronic message centers and other types of illuminated signs, in a way that allows persons and businesses to convey and communicate while also:
a.
Protecting the use and character of neighborhoods;
b.
Enhancing the function and appearance of the city's commercial corridors; and
c.
Promoting the city's character and design objectives; and
10.
Implement the city's comprehensive plan;
11.
Coordinate the city's sign regulations with the applicable zoning districts in order to protect and promote the purpose and character of those districts.
B.
These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the city. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
C.
These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Subject to the property owner's consent, a commercial message or noncommercial message of any type may be substituted for any duly permitted or allowed noncommercial message provided that the sign structure or mounting devise is legal without consideration of message content. Such substitution of message requires a sign permit, unless otherwise allowed by this chapter. This provision prevails over any provision to the contrary in this ordinance. The purpose of this provision is to prevent any inadvertent favoring of a commercial message over a noncommercial message, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting devise be properly permitted.
B.
All noncommercial messages are considered on-premises signs and are entitled to the privileges that on-premises signs receive under this title.
(Ord. No. 1459, § 1, 9-17-2020)
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Abandoned sign." Any sign which, for at least six continuous months, does not serve a bona fide purpose or for which no legal owner can be found.
"Address sign." A required sign which displays the official address of a property, building, or suite.
"Alteration" (sign alteration). Any change of size, shape, illumination, position, location, construction, or supporting structure of any sign.
"Animated sign." Any sign having a conspicuous and intermittent variation in illumination, or physical position of any or all of its parts, or that uses movement or change of lighting to depict action or create a special effect or scene.
"Balloon sign." An inflated device carried aloft or fixed to the ground used for the purpose of advertising or drawing attention.
"Banner sign." Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution shall not be considered banners.
"Beacon." Any light with one or more beams that may rotate or move and are directed into the atmosphere. A searchlight is a beacon.
"Blade sign." A pedestrian-oriented sign that is affixed perpendicular to the corner of a building or along the front façade of a building above the ground floor to provide identification for the whole building. The sign may be affixed directly to the building, suspended under a bracket that is mounted to a building, or suspended under a canopy, awning or arcade.
"Building sign." Any sign attached to, applied on or supported by any part of a building (such as a wall, roof, window, canopy, awning, arcade or marquee) that encloses or covers usable space, as contrasted to a freestanding sign.
"Canopy sign." Any sign that is a part of, attached to, or affixed to the top of an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
"Changeable copy sign." A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign, including electronic and light-emitting diode (LED) signs. A sign on which the message changes more frequently than permitted in this chapter shall be considered an animated sign and not a changeable copy sign for the purposes of this title.
"Commercial message." Speech or graphics advertising a business, provision, commodity, service, or entertainment.
"Dilapidated or deteriorated sign." Any sign 1) where any portion of the finished material, surface, or message portion of the sign is visibly faded so as to no longer be clearly read, flaked, broken off, missing, cracked, splintered, defective, or is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or 2) whose elements or structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by failure of a structural member).
"Flag sign." Displays on cloth or other flexible material attached on only one side.
"Freestanding sign." Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. Pylon signs and monument signs are examples of freestanding signs.
"Government sign." A sign that is constructed, placed, or maintained by the federal, state, or local government or a sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce a property owner's rights.
"Height" (of a sign). Height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign.
"Incidental sign." A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "exit," "loading only," and other similar directives. No sign with a commercial message greater than one square foot shall be considered incidental.
"Model home sign." A sign erected at a location where a home is built as a model home or real estate office for a home builder within a residential subdivision.
"Monument sign." A freestanding sign having a low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. Monument signs must include a solid masonry base at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the monument sign. A monument sign may contain the name, logo, address, product or service of the establishment, and a changeable copy panel.
"Normal grade" shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the main building on the lot, whichever is lower.
"Painted wall sign." A sign applied to a building wall with paint and which has no sign structure.
"Pennant sign." 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 series, designed to move in the wind.
"Pole sign." A sign that is mounted on a pole or other support so that the bottom edge of the sign cabinet is more than eight feet above normal grade. A pole sign is a prohibited sign.
"Portable sign." Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frame or T-frame; menu or sandwich board signs; and umbrellas used for advertising. Portable signs are considered temporary signs.
"Projecting sign." Any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve inches beyond the surface of such building or wall.
"Pylon sign." A freestanding sign other than a pole sign, permanently affixed to the ground by two columns or supports with the sign face contained entirely between the two columns and the bottom edge of the sign cabinet is a minimum of eight feet above normal grade.
"Real estate sign." An on-premises commercial message sign, advertising a parcel of land or a structure for rent, lease, or sale.
"Responsible party." The owner/operator of the business being identified on the sign; the owner of the property upon which the sign or sign structure is located; the owner of the sign or sign structure; the person who installs a sign or sign structure, or contracts with a third party to accomplish the installation; and/or the person who retrieves a sign from the impound.
"Roof sign." Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
"Sign." A presentation of letters, numbers, figures, pictures, emblems, insignias, lines or colors or any combination thereof, displayed for the purpose of information, direction or identification, or to advertise or promote a business, service, activity, interest or product. The following characteristics of signs are regulated in this chapter: 1) "Beacon." Any light with one or more beams that may rotate or move and are directed into the atmosphere. A searchlight is a beacon; 2) "Flashing." Operation that creates flashing light, change in light intensity, color or copy, or intermittent light impulses; 3) "Motion." The moving or rotating of a sign or portion thereof, or the giving of the perception of motion, other than a message center as hereinafter defined; 4) "Reflective." A sign having copy or background made of reflective surfaces made to shimmer.
"Sign setback." The minimum distance required between any property line and any portion of a sign or sign structure.
"Special event signs." Includes pennants and banners.
"Street frontage." Length of the front property line where it is adjacent to a street right-of-way. The secondary front property line may be included provided it faces property that is not residentially zoned.
"Subdivision wall sign." A sign located near the entryway of a residential subdivision on a required perimeter wall.
"Temporary sign." Any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only.
"Vehicle sign." Any sign attached to or painted on vehicles parked and visible from the public right-of-way.
"Visibility triangle." A clear view area, between heights of three and ten feet, formed by the corner and points on every property line, extending thirty-five from the intersection or entrance.
"Wall sign." Any sign attached parallel to, but within six inches of, a wall and its leading edge no more than twelve inches from the wall. The signs shall be constructed and confined within the limits of an outside wall of any building or structure, which is supported by such a wall or building, and which displays only one sign surface. For the purpose of this section, awnings, canopy fascias and mansards extending along a building side shall be considered a part of the wall. Lighted signs in a window affixed to a window, or otherwise located for the purpose of being viewed from the exterior of a building through a window shall also 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 the window panes or glass and is visible from the exterior of the window.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Signs not expressly permitted as being allowed by right or by permit under this ordinance, by specific requirements in another portion of this ordinance, or otherwise expressly allowed by the city council or board of adjustment are not allowed within the city. Such signs include, but are not limited to:
1.
Signs which imitate or resemble any official traffic sign, signal or device; or which use a revolving beam or beacon resembling any emergency vehicle, or are located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or so as to obstruct or interfere with the view of a driver of approaching, emerging, or intersecting traffic, or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of two hundred fifty feet along the street.
2.
Signs which are erected or maintained upon trees or which are painted or drawn upon rocks or other natural features.
3.
Beacons and/or searchlights.
4.
Strings of lights not permanently mounted to a rigid background, except those holiday lights and decorations exempt by this chapter.
5.
Projecting signs; except blade or canopy signs.
6.
Roof signs.
7.
Animated or moving signs.
8.
Signs located on private property without the consent of the owner of said premises.
9.
Signs that are located in or interfere with the use of a required off-street parking space or maneuvering area.
10.
Signs which are, or are becoming deteriorated, dilapidated or in danger of falling or otherwise unsafe.
11.
Any unauthorized sign on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign, or other public structure or building, or any sign located in, on, over or within a public street, sidewalk, alley, easement, or right-of-way.
12.
Illuminated signs, which:
a.
Are illuminated in such a manner, due to high intensity light fixtures or without proper shielding, so as to constitute a hazard to the operation of motor vehicles upon a public street or substantially interfere with the reasonable enjoyment of residential property; or
b.
Have any type of intermittent illumination, including flashing, fading, revolving, intermittently lighted, changing color or blinking lights.
13.
Balloons or other inflatable devises.
14.
Signs which display obscene, indecent, or immoral matter.
15.
Pole signs.
16.
Painted wall signs.
17.
Signs that contain exposed bulbs and/or exposed neon.
18.
Signs that contain reflective materials.
19.
Signs that are made structurally sound by guy wires or unsightly bracing.
B.
Nothing in this title prohibits signs placed on public property designated as an official polling place on a designated election day so long as such signs are located outside the specified distance from the polling place entrance as permitted by state election laws.
(Ord. No. 1459, § 1, 9-17-2020)
The following signs shall be exempt from regulations under this chapter:
A.
Government signs. A government sign is a sign that is constructed, placed, and/or maintained by the federal, state, or local government or a sign that is required to be constructed, placed, or maintained by the federal, state, or local government either directly or to enforce a property owner's rights.
B.
Traffic control devices that are erected and maintained to comply with the Texas Manual on Uniform Traffic Control Devices, as approved by the city engineer.
C.
Signs required by other law, including federal, state, or local law, including a sign that a property owner is required to post on the owner's property to warn of danger or to prohibit access to the property, either generally or specifically; the owner must comply with the federal, state or local law to post a sign on the property.
D.
Vehicle signs, when such vehicle is used in the normal day-to-day operations of the business (i.e. is used or moved at least once during a seventy-two hour period).
E.
Any sign inside a building, not attached to a window or door that is not legible from a distance of more than three feet beyond the lot line of the lot or parcel on which such sign is located.
F.
Works of art that do not include a commercial message.
G.
Holiday lights and decorations with no commercial message, provided they are maintained in accordance with applicable regulations.
H.
Seasonal and/or promotional banners installed by the Fort Worth Independent School District attached to streetlight poles, utility poles or other authorized structures. Banners shall not exceed fifteen square feet per banner and each pole or other authorized structure shall not have more than two banners attached.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Permits. Except as otherwise provided for herein; no sign shall be erected, altered, changed, or reconstructed in whole or in part, within the city without first obtaining a permit. Separate electrical permits are required for those signs requiring electrical inspections.
B.
Calculating sign area. Sign area is calculated by taking the area of the smallest individual rectangle, triangle or circle or combination of not more than two contiguous rectangles, triangles, or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim. The area of a double face sign shall be construed to be the area of the largest single face of the sign, provided that the interior angle formed by the two faces does not exceed thirty degrees.
C.
A permit shall not be required for:
1.
Routine maintenance; adjustments, replacement of light bulbs, etc. on existing signs.
2.
When a sign has been damaged by fire, windstorm, or other causes, immediate work may be done to prevent damage to property or hazard to persons, and to this extent only. Notice will be given as soon as practical to the building official.
3.
Window signs where expressly allowed; however, regulations still apply.
4.
Incidental signs where expressly allowed; however, regulations still apply.
5.
Temporary signs where expressly allowed; however, regulations still apply.
(Ord. No. 1459, § 1, 9-17-2020)
Expressly permitted signs and regulations for single family districts:
A.
The following regulations apply to signs within the "A," "B," "BR," "SD," "RE," and "MH" Districts:
1.
Subdivision Wall Signs. Residential developments may place a sign on a masonry wall. Each entrance is permitted one sign, not to exceed thirty square feet in size, and illuminated only by spot-lighting; and the masonry wall must be controlled, owned, and maintained by a valid property owner association.
2.
Model Home Signs. Each builder may construct one sign where they have located a real estate sales office/model home. Only one sign is allowed per builder, per subdivision and the sign shall not exceed forty-eight square feet and six feet in height. Once the home is sold, the sign must be removed.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178).
4.
Temporary Signs.
a.
A property owner may place one temporary sign with a sign face no larger than six square feet on the property at any time to display a noncommercial message.
b.
One additional temporary sign, not exceeding thirty-six square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
c.
One additional temporary sign, not exceeding six square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
(Ord. No. 1459, § 1, 9-17-2020)
Expressly permitted signs and regulations for multi-family districts:
A.
The following regulations apply to signs within the "CR" and "C" Districts:
1.
Subdivision Wall Signs. Residential developments may place a sign, located on a masonry wall. Each entrance is permitted one sign, not to exceed thirty square feet in size, and illuminated only by spot-lighting; and the masonry wall must be controlled, owned, and maintained by a valid property owner association.
2.
Model Home Signs. Each builder may construct one sign where they have located a real estate sales office/model home. Only one sign is allowed per builder, per subdivision and the sign shall not exceed forty-eight square feet and six feet in height. Once the home is sold, the sign must be removed.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags must be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178).
4.
Building Signs. Building signs are regulated as follows:
a.
Address signs for residential uses. Each dwelling unit shall display its official address.
b.
Address signs for non-residential uses. Each building and suite shall display its official address.
5.
Temporary Signs.
a.
A property owner may place one temporary sign with a sign face no larger than six square feet on the property at any time to display a noncommercial message.
b.
One additional temporary sign, not exceeding thirty-six square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
c.
One additional temporary sign, not exceeding six square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten) days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
B.
The following regulations apply to signs within the "D" District.
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred feet of frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Monument Signs. Each sign shall not exceed of forty square feet in sign area and shall not exceed six feet in height. The sign structure shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from the street right-of-way line.
2.
Building Signs. Building signs are regulated as follows:
a.
Wall signs. Each property is allowed a maximum of sixty square feet of signage. Signs must be parallel to, but within six inches of a wall, and erected and confined within the limits of an outside wall of any building.
b.
Address sign for residential uses. Each dwelling unit shall display its official address. Not included in wall sign area calculation.
c.
Address signs for non-residential uses. Each building and suite shall display its official address. Not included in wall sign area calculation.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area. Signs placed on the building or wall, shall not contain a commercial message.
5.
Temporary Signs.
a.
New developments. While working under a valid building permit for new construction, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
One additional temporary sign, not exceeding forty square feet in size, may be located on the owner's property for a period of thirty-six days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
c.
One additional temporary sign, not exceeding sixteen square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
(Ord. No. 1459, § 1, 9-17-2020)
Expressly permitted signs and regulations for non-residential and mixed-use districts:
A.
The following regulations apply to signs within the "E" and "CF" Districts:
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred one hundred feet of street frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. A property with multiple tenants are permitted a ten percent increase over the maximum sign area allowed for each additional tenant, up to a maximum of one-hundred percent; only one sign per property may qualify for the multiple tenant increase. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Pylon Signs. The signs shall not exceed a sign area of eighty square feet and shall not exceed a height of thirty-five feet. The lowest portion of the sign area, cabinet, or structure shall be no less than eight feet above normal grade. The sign face shall be contained entirely between two columns or supports, which are permanently affixed to the ground. The sign shall be no less than twenty-five feet from any property line; however, in no case shall the actual sign height exceed the actual sign setback from a street right-of way line or any adjacent lot that is zoned and used for residential purposes. Regardless of street frontage length in excess of one hundred feet, only one pylon sign is permitted on each street frontage.
b.
Monument Signs. The signs shall not exceed a sign area of eighty square feet and shall not exceed six feet in height. The sign shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from any property line.
c.
Changeable Copy Signs. Allowed on one freestanding sign per property. Changeable copy signs are regulated as follows:
i.
Dwell Time: Changeable copy signs, whether electronic, digital, manual or automatic that changes more frequently than one frame every thirty seconds shall be prohibited.
ii.
Transition: The duration or interval of time between each individual advertisement, message or picture is a maximum of two seconds and shall not include fading, movement, or other electronic effects.
iii.
Dim Control: Changeable copy signs shall have a sensor or other device, manual or automatic, that adjusts the brightness of the sign to be no more than three-tenths foot-candles greater than ambient light conditions when measured at the closest property line.
iv.
Prohibited Content: No portion of a changeable copy sign may scroll, fluctuate in light intensity, use sudden transitory bursts or create the illusion of movement.
v.
Maintenance: Any changeable copy sign using electronic or electro-mechanical technology which malfunctions, fails, or ceases to operate in its usual or normal programmed manner in accordance with these regulations shall be repaired or disconnected within forty-eight hours by the owner or operator of such sign.
vi.
Conformity: A changeable copy sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.
vii.
Area: Changeable copy may not exceed fifty percent of the total sign area or fifty square feet, whichever is less.
2.
Building Signs. The total area for all building signs shall not exceed twenty-five percent of the total wall area. Building signs are regulated as follows:
a.
Wall Signs. Total wall sign area shall not exceed twenty-five percent of the wall area, including windows to which it is attached. Signs must be parallel to, but within six inches of a wall, and its leading edge no more than twelve inches from the wall. Signs shall be constructed and confined within the limits of an outside wall of any building.
b.
Banner (Wall) Signs. Banners shall be securely mounted flush with the surface of the building. Sign area shall be included with the total wall sign area allowed.
c.
Blade Signs. Signs shall not exceed eight square feet and regulated as follows:
i.
Affixed perpendicular to the building façade and may be located under a canopy or awning or under the soffit of an arcade.
ii.
Shall be installed with a minimum clearance of eight feet above normal grade and/or sidewalk.
iii.
Shall not extend over any parking or travel lane.
d.
Canopy Signs. Signs shall be regulated as follows:
i.
A sign that is affixed to the top of an awning, canopy or structural cover over an entry or outdoor service area shall not extend more than twenty-four inches above the edge of the structure to which it is attached.
ii.
Individual letters attached across the length of the awning, canopy, or structural cover are permitted.
iii.
Signs on the angled portion of a canopy or awning shall not exceed more than seventy-five percent of the canopy area to which it will be applied.
e.
Window Signs. Allowed so long as they are painted on or affixed within the building and do not cover more than twenty-five percent of the total window area.
f.
Address sign for residential uses. Each dwelling unit shall display its official address.
g.
Address Signs for Non-Residential Uses. Each building and suite shall display its official address.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One Commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area.
5.
Temporary Signs.
a.
New Developments and Remodels. While working under a valid building permit for new construction or remodel, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
Portable Signs. Portable signs may be temporarily located on property subject to the following conditions:
i.
No portable sign shall be located within the city unless a permit is issued by the building official.
ii.
Except as provided in section "xi" below, not more than one portable sign may be located on a single platted lot of record or parcel as shown on the City's tax records at any time.
iii.
Portable signs may not exceed fifty square feet of sign area and eight feet in overall height.
iv.
All portable signs must be located on private property, a minimum of thirty-five feet from the intersection of any street or highway right-of-way.
v.
Portable signs may not be located in areas where they, create a safety hazard to vehicular or pedestrian traffic.
vi.
Except as provided in "xi" below, permits may be issued by the inspection department for periods not to exceed twenty-eight days per occasion and not to exceed four occasions per calendar year for a portable sign on any single platted lot of record or parcel as shown on the city's tax records under the same ownership.
vii.
All applications for portable sign permits presented to the building inspection department must include the following information: name, address, phone number of the owner of the property, the renter of the sign, and the owner of the sign; the proposed dates the sign would be located on the property; the signature of the sign owner responsible for removal of the portable sign; and a scale drawing including the legal description of the property, all applicable property lines and dimensions, all street intersections, all applicable driveways, all applicable parking and off-street traffic circulation areas, and accurately showing the proposed location of the portable sign. Except as provided in item "xi" below, the owner of any portable sign shall be responsible for obtaining the permit required herein and shall be responsible for any violations of this title whether the sign is leased or rented to another or not. Upon obtaining a building permit, the owner of said sign shall sign a statement indemnifying and holding the city harmless for any damages which may result from the placement of said sign.
viii.
Portable signs, when permitted, may not be relocated to any other location on the property or to another property without prior authorization from the building inspection department. Any approved relocation of a permitted portable sign does not extend the authorized time period of the sign.
ix.
Portable signs shall be required to meet all applicable building and electrical codes.
x.
Portable signs shall be maintained in good state of repair and shall not be allowed to become dilapidated, unsightly, or deteriorated.
xi.
Portable Signs on Multiple Tenant Properties: Properties with multiple tenants (e.g. shopping centers or strips) and having more than four hundred feet of street frontage are permitted to have two portable signs present on a single property. For properties with over six hundred feet of street frontage are permitted an additional sign for each two hundred feet of street frontage above four hundred feet. Properties with multiple tenants may increase the total number of occasions allowed per calendar year by four for each two hundred feet of frontage above the first two hundred feet. Applications for portable signs on multiple tenant properties must be made by the property owner or their designated property manager or by the sign contractor with written authorization from the owner or property manager authorizing the specific sign being requested. It is the duty of the property owner or manager to determine which tenant shall be authorized for a sign within the total number allowed.
c.
One additional temporary sign, not exceeding eighty square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
d.
One additional temporary sign, not exceeding thirty-two square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
e.
Special Event Signs ("E" District Only). Pennants and banners for special events (e.g. grand openings) are only allowed for thirty days within a twelve-month period.
B.
The following regulations apply to signs within the "F," "HC," "G," and "MU" Districts:
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred feet of street frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. A property with multiple tenants are permitted a ten percent increase over the maximum sign area allowed for each additional tenant, up to a maximum of one-hundred percent; only one sign per property may qualify for the multiple tenant increase. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Pylon Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed a height of thirty-five feet. The lowest portion of the sign area, cabinet, or structure shall be no less than eight feet above normal grade. The sign face shall be contained entirely between two columns or supports, which are permanently affixed to the ground. The sign shall be no less than twenty-five feet from any property line; however, in no case shall the actual sign height exceed the actual sign setback from a street right-of-way line or any adjacent lot that is zoned and used for residential purposes. Regardless of street frontage length in excess of one hundred feet, only one pylon sign is permitted on each street frontage.
b.
Monument Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed six feet in height and twelve feet in width. The sign shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from any property line.
i.
Exception. One monument sign, per property, may have a maximum height of ten feet.
c.
Changeable Copy Signs. Allowed on one freestanding sign per property. Changeable copy signs are regulated as follows:
i.
Dwell Time: Changeable copy signs, whether electronic, digital, manual or automatic that changes more frequently than one frame every thirty seconds shall be prohibited.
ii.
Transition: The duration or interval of time between each individual advertisement, message or picture is a maximum of two seconds and shall not include fading, movement, or other electronic effects.
iii.
Dim Control: Changeable copy signs shall have a sensor or other device, manual or automatic, that adjusts the brightness of the sign to be no more than three-tenths foot-candles greater than ambient light conditions when measured at the closest property line.
iv.
Prohibited Content: No portion of a changeable copy sign may scroll, fluctuate in light intensity, use sudden transitory bursts or create the illusion of movement.
v.
Maintenance: Any changeable copy sign using electronic or electro-mechanical technology which malfunctions, fails, or ceases to operate in its usual or normal programmed manner in accordance with these regulations shall be repaired or disconnected within forty-eight hours by the owner or operator of such sign.
vi.
Conformity: A changeable copy sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.
vii.
Area: Changeable copy may not exceed fifty percent of the total sign area or fifty square feet, whichever is less.
2.
Building Signs. The total area for all building signs shall not exceed twenty-five percent of the total wall area. Building signs are regulated as follows:
a.
Wall Signs. Total wall sign area shall not exceed twenty-five percent of the wall area, including windows, to which it is attached. Signs must be parallel to, but within six inches of a wall, and its leading edge no more than twelve inches from the wall. Signs shall be constructed and confined within the limits of an outside wall of any building.
b.
Banner Signs. Banners shall be securely mounted flush with the surface of the building. Sign area shall be included with the total wall sign area allowed.
c.
Blade Signs. Signs shall not exceed eight square feet and regulated as follows:
i.
Affixed perpendicular to the building façade and may be located under a canopy or awning or under the soffit of an arcade.
ii.
Shall be installed with a minimum clearance of eight feet above normal grade and/or sidewalk.
iii.
Shall not extend over any parking or travel lane.
d.
Canopy Signs. Signs shall be regulated as follows:
i.
A sign that is affixed to the top of an awning, canopy or structural cover over an entry or outdoor service area shall not extend more than twenty-four inches above the edge of the structure to which it is attached.
ii.
Individual letters attached across the length of the awning, canopy, or structural cover are permitted.
iii.
Signs on the angled portion of a canopy or awning shall not exceed more than seventy-five percent of the canopy area to which it will be applied.
e.
Window Signs. Signs are allowed so long as they are painted on or affixed within the building and do not cover more than twenty-five percent of the total window area.
f.
Address Sign for Residential Uses. Each dwelling unit shall display its official address.
g.
Address Signs for Non-Residential Uses. Each building and suite shall display its official address.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One Commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area.
5.
Temporary Signs.
a.
New Developments and Remodels. While working under a valid building permit for new construction or remodel, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
Portable Signs. Portable signs may be temporarily located on property subject to the following conditions:
i.
No portable sign shall be located within the city unless a permit is issued by the building official.
ii.
Except as provided in section "xi" below, not more than one portable sign may be located on a single platted lot of record or parcel as shown on the City's tax records at any time.
iii.
Portable signs may not exceed fifty square feet of sign area and eight feet in overall height.
iv.
All portable signs must be located on private property, a minimum of thirty-five feet from the intersection of any street or highway right-of-way.
v.
Portable signs may not be located in areas where they, create a safety hazard to vehicular or pedestrian traffic.
vi.
Except as provided in "xi" below, permits may be issued by the inspection department for periods not to exceed twenty-eight days per occasion and not to exceed four occasions per calendar year for a portable sign on any single platted lot of record or parcel as shown on the city's tax records under the same ownership.
vii.
All applications for portable sign permits presented to the building inspection department must include the following information: name, address, phone number of the owner of the property, the renter of the sign, and the owner of the sign; the proposed dates the sign would be located on the property; the signature of the sign owner responsible for removal of the portable sign; and a scale drawing including the legal description of the property, all applicable property lines and dimensions, all street intersections, all applicable driveways, all applicable parking and off-street traffic circulation areas, and accurately showing the proposed location of the portable sign. Except as provided in item "xi" below, the owner of any portable sign shall be responsible for obtaining the permit required herein and shall be responsible for any violations of this Title whether the sign is leased or rented to another or not. Upon obtaining a building permit, the owner of said sign shall sign a statement indemnifying and holding the city harmless for any damages which may result from the placement of said sign.
viii.
Portable signs, when permitted, may not be relocated to any other location on the property or to another property without prior authorization from the building inspection department. Any approved relocation of a permitted portable sign does not extend the authorized time period of the sign.
ix.
Portable signs shall be required to meet all applicable building and electrical codes.
x.
Portable signs shall be maintained in good state of repair and shall not be allowed to become dilapidated, unsightly, or deteriorated.
xi.
Portable Signs on Multiple Tenant Properties: Properties with multiple tenants (e.g. shopping centers or strips) and having more than four hundred feet of street frontage are permitted to have two portable signs present on a single property. For properties with over six hundred feet of street frontage are permitted an additional sign for each two hundred feet of street frontage above four hundred feet. Properties with multiple tenants may increase the total number of occasions allowed per calendar year by four for each two hundred feet of frontage above the first two hundred feet. Applications for portable signs on multiple tenant properties must be made by the property owner or their designated property manager or by the sign contractor with written authorization from the owner or property manager authorizing the specific sign being requested. It is the duty of the property owner or manager to determine which tenant shall be authorized for a sign within the total number allowed.
c.
One additional temporary sign, not exceeding one hundred twenty square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
d.
One additional temporary sign, not exceeding thirty-two square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agreement has been executed. This subsection does not limit the content of the sign allowed under this subsection.
e.
Special Event Signs. Pennants and banners for special events (e.g. grand openings) are only allowed for thirty days within a twelve-month period.
C.
The following regulations apply to signs within the "H" District:
1.
Freestanding Signs. Properties shall have no more than one freestanding sign per one hundred feet of street frontage. Each freestanding sign shall be no less than fifty feet from each other on the same property or within the boundaries of a unified development. A property with multiple tenants are permitted a ten percent increase over the maximum sign area allowed for each additional tenant, up to a maximum of one-hundred percent; only one sign per property may qualify for the multiple tenant increase. No portion of the sign or structure may be located within any easement or visibility triangle. Freestanding signs are regulated as follows:
a.
Pylon Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed a height of thirty-five feet. The lowest portion of the sign area, cabinet, or structure shall be no less than eight feet above normal grade. The sign face shall be contained entirely between two columns or supports, which are permanently affixed to the ground. The sign shall be no less than twenty-five feet from any property line; however, in no case shall the actual sign height exceed the actual sign setback from a street right-of way or any adjacent lot that is zoned and used for residential purposes. Regardless of street frontage length in excess of one hundred feet, only one pylon sign is permitted on each street frontage.
b.
Monument Signs. The signs shall not exceed a sign area of one hundred twenty square feet and shall not exceed six feet in height and twelve feet in width. The sign shall be low profile, made of stone, concrete, metal, brick or similar materials or combination of materials, which repeats or harmonizes with the architecture of the establishment it serves. The sign must include a solid masonry base, at least twelve inches in height, and which has no clear space for the full width of the sign between the bottom of the sign and the ground. The above ground portion of the base is considered part of the total allowable height of the sign. The sign shall be no less than five feet from any property line.
i.
Exception. One monument sign, per property, may have a maximum height of ten feet.
c.
Changeable Copy Signs. Allowed on one freestanding sign per property. Changeable copy signs are regulated as follows:
i.
Dwell Time: Changeable copy signs, whether electronic, digital, manual or automatic that changes more frequently than one frame every thirty seconds shall be prohibited.
ii.
Transition: The duration or interval of time between each individual advertisement, message or picture is a maximum of two seconds and shall not include fading, movement, or other electronic effects.
iii.
Dim Control: Changeable copy signs shall have a sensor or other device, manual or automatic, that adjusts the brightness of the sign to be no more than three-tenths foot-candles greater than ambient light conditions when measured at the closest property line.
iv.
Prohibited Content: No portion of a changeable copy sign may scroll, fluctuate in light intensity, use sudden transitory bursts or create the illusion of movement.
v.
Maintenance: Any changeable copy sign using electronic or electro-mechanical technology which malfunctions, fails, or ceases to operate in its usual or normal programmed manner in accordance with these regulations shall be repaired or disconnected within forty-eight hours by the owner or operator of such sign.
vi.
Conformity: A changeable copy sign cannot be installed on an existing sign that is nonconforming unless the entire sign is brought into compliance with all applicable provisions of this chapter.
vii.
Area: Changeable copy may not exceed fifty percent of the total sign area or fifty square feet, whichever is less.
2.
Building Signs. The total area for all building signs shall not exceed twenty-five percent of the total wall area. Building signs are regulated as follows:
a.
Wall Signs. Total wall sign area shall not exceed twenty-five percent of the wall area, including windows to which it is attached. Signs must be parallel to, but within six inches of a wall, and its leading edge no more than twelve inches from the wall. Signs shall be constructed and confined within the limits of an outside wall of any building.
b.
Banner Signs. Banners shall be securely mounted flush with the surface of the building. Sign area shall be included with the total wall sign area allowed.
c.
Blade Signs. Signs shall not exceed eight square feet and regulated as follows:
i.
Affixed perpendicular to the building façade and may be located under a canopy or awning or under the soffit of an arcade.
ii.
Shall be installed with a minimum clearance of eight feet above normal grade and/or sidewalk.
iii.
Shall not extend over any parking or travel lane.
d.
Canopy Signs. Signs shall be regulated as follows:
i.
A sign that is affixed to the top of an awning, canopy or structural cover over an entry or outdoor service area shall not extend more than twenty-four inches above the edge of the structure to which it is attached.
ii.
Individual letters attached across the length of the awning, canopy, or structural cover are permitted.
iii.
Signs on the angled portion of a canopy or awning shall not exceed more than seventy-five percent of the canopy area to which it will be applied.
e.
Address Sign for Residential Uses. Each dwelling unit shall display its official address.
f.
Address Signs for Non-Residential uses. Each building and suite shall display its official address.
3.
Flags. Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, or other noncommercial flag, may be flown provided that such a flag shall not exceed sixty square feet in area and shall not be flown from a pole the top of which is more than forty feet in height. These flags should be flown in accordance with the United States Flag Code (Title 36, Chapter 10, United States Code, Paragraphs 170—178). One Commercial flag, flown in conjunction with noncommercial flags, may be flown provided that the commercial flag does not exceed the size or height of the noncommercial flag on the property, or exceeding fifteen square feet, whichever is larger. Any flag not meeting one or more of these conditions shall be considered a banner sign and shall be subject to regulations as such.
4.
Incidental Signs. Each sign shall not exceed four square feet in sign area and shall not exceed four feet in height. The sign may contain a commercial message not exceeding one square foot in sign area.
5.
Temporary Signs.
a.
New Developments and Remodels. While working under a valid building permit for new construction or remodel, a property may have one temporary sign, not to exceed sixty-four square feet in size and eight feet in height. The sign must be removed either when the final inspection has been passed or when the permit has expired.
b.
Portable Signs. Portable signs may be temporarily located on property subject to the following conditions:
i.
No portable sign shall be located within the city unless a permit is issued by the building official.
ii.
Except as provided in section "xi" below, not more than one portable sign may be located on a single platted lot of record or parcel as shown on the City's tax records at any time.
iii.
Portable signs may not exceed fifty square feet of sign area and eight feet in overall height.
iv.
All portable signs must be located on private property, a minimum of thirty-five feet from the intersection of any street or highway right-of-way.
v.
Portable signs may not be located in areas where they, create a safety hazard to vehicular or pedestrian traffic.
vi.
Except as provided in "xi" below, permits may be issued by the inspection department for periods not to exceed twenty-eight days per occasion and not to exceed four occasions per calendar year for a portable sign on any single platted lot of record or parcel as shown on the city's tax records under the same ownership.
vii.
All applications for portable sign permits presented to the building inspection department must include the following information: name, address, phone number of the owner of the property, the renter of the sign, and the owner of the sign; the proposed dates the sign would be located on the property; the signature of the sign owner responsible for removal of the portable sign; and a scale drawing including the legal description of the property, all applicable property lines and dimensions, all street intersections, all applicable driveways, all applicable parking and off-street traffic circulation areas, and accurately showing the proposed location of the portable sign. Except as provided in item "xi" below, the owner of any portable sign shall be responsible for obtaining the permit required herein and shall be responsible for any violations of this title whether the sign is leased or rented to another or not. Upon obtaining a building permit, the owner of said sign shall sign a statement indemnifying and holding the city harmless for any damages which may result from the placement of said sign.
viii.
Portable signs, when permitted, may not be relocated to any other location on the property or to another property without prior authorization from the building inspection department. Any approved relocation of a permitted portable sign does not extend the authorized time period of the sign.
ix.
Portable signs shall be required to meet all applicable building and electrical codes.
x.
Portable signs shall be maintained in good state of repair and shall not be allowed to become dilapidated, unsightly, or deteriorated.
xi.
Portable Signs on Multiple Tenant Properties: Properties with multiple tenants (e.g. shopping centers or strips) and having more than four hundred feet of street frontage are permitted to have two portable signs present on a single property. For properties with over six hundred feet of street frontage are permitted an additional sign for each two hundred feet of street frontage above four hundred feet. Properties with multiple tenants may increase the total number of occasions allowed per calendar year by four for each two hundred feet of frontage above the first two hundred feet. Applications for portable signs on multiple tenant properties must be made by the property owner or their designated property manager or by the sign contractor with written authorization from the owner or property manager authorizing the specific sign being requested. It is the duty of the property owner or manager to determine which tenant shall be authorized for a sign within the total number allowed.
c.
One additional temporary sign, not exceeding one hundred twenty square feet in size, may be located on the owner's property for a period of thirty days prior to an election involving candidates for a federal, state, or local office that represent the district in which the property is located or involving an issue on a ballot of an election within the district where the property is located per issue and per candidate. Any sign covered by this subsection may remain on the property up to ten days after the election at issue. This section does not limit the content on the signs allowed under this subsection.
d.
One additional temporary sign, not exceeding thirty-two square feet in size, may be located on a property without a permit when the owner consents to the placement of a sign that property is for sale or lease or if an individual unit or units is for sale or lease. A sign posted under this section must be removed within ten days after a contract of sale has been executed or a rental agree ment has been executed. This subsection does not limit the content of the sign allowed under this subsection.
e.
Special Event Signs. Pennants and banners for special events (e.g. grand openings) are only allowed for thirty days within a twelve-month period.
(Ord. No. 1459, § 1, 9-17-2020; Ord. No. 1465, §§ 1—5, 4-1-2021)
A.
All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with the code, at all times.
B.
All signs shall comply with applicable provisions of the International Building Code and the National Electric Code, as adopted by the city, including separation requirements from electrical lines, at all times.
C.
All signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure, except where expressly allowed by this Title.
D.
Removal or Repair of Dilapidated, Deteriorated or Unsafe Signs: If the building official shall determine that any sign is dilapidated, deteriorated, unsafe, insecure, or is a menace to the public, he shall give written notice to the owner, lessee or sign erector for such sign. Conforming signs may be repaired or removed, while nonconforming signs must be removed. If the owner lessee or sign erector fails to remove or repair the sign within ten days after such notice, such sign may be removed by the building official at the expense of the owner of the property upon which it is located. The building official may cause any sign that is an immediate hazard to persons to be removed summarily and without notice and the cost of same shall be paid by the landowner.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Signs lawfully in existence on the date the provisions of this chapter are adopted that do not conform to the provisions of this title, but which were in compliance with the applicable regulations at the time they were constructed, erected, affixed, or maintained, must be regarded as non-conforming.
B.
Non-conforming signs may continue in use; however, any sign which is rebuilt, relocated, modified, enlarged, extended, altered other than by normal maintenances to the configuration existing at the time it was legally constructed must conform to the regulations of this chapter. Individual sign panel changes on freestanding signs may be allowed, with an approved sign permit, so long as the sign's location, height, cabinet(s), basic construction, and other significant characteristics remain unchanged and the total sign area does not increase.
C.
Zoning Board of Adjustment (ZBA). The ZBA may authorize the alteration or reconstruction of a nonconforming sign provided such reconstruction does not, in the judgment of the board, increase the degree of nonconformity of the sign and that the long-term goal of bringing signs into compliance is achieved. Applications for authorization under this section are subject to the same fees as a variance.
(Ord. No. 1459, § 1, 9-17-2020)
A.
Removal of Abandoned or Obsolete Signs: Any sign, which the building official determines is abandoned or no longer serves a bona fide purpose or use conforming to this title, shall be removed by the sign erector, owner or lessee of the land, buildings, or structure upon which the sign is located within ten days after written notification to do so from the building official. Upon failure to comply with such notice, the building official is hereby authorized to cause the removal of such sign and any expense incident thereto shall be paid by the sign erector, owner or lessee of the land, building or structure to which such sign is attached or upon which it is erected.
(Ord. No. 1459, § 1, 9-17-2020)
A.
The building official, or designee, is hereby authorized and directed to enforce all the provisions of this chapter.
B.
The responsible party is responsible for compliance with this chapter.
C.
Signs Forfeited: Any sign installed or placed on public property, except in conformance with the requirements of this chapter, shall be forfeited to the public and subject to confiscation. A violation of this provision is subject to a fine as provided in Section 17.104.020 of this title. In addition to other remedies hereunder, the city shall have the right to recover from the owner or persons placing such a sign the full costs of removal and disposal of such sign.
(Ord. No. 1459, § 1, 9-17-2020)