(1)

It is hereby declared that the environmental and safety interests of the City of Bessemer are reasonably promoted by the provisions of this article. Accordingly, it is the intent and purpose of this article to provide for the orderly and harmonious display of signs within the community; to aid in the identification of properties and enterprises for the convenience of the public; to avoid the erection of displays which produce deleterious and injurious effects to adjacent properties and to the environment; to provide for the safety of the traveling public by limiting distractions, hazards, and obstructions; to minimize visual clutter and encourage a positive visual environment within the city; and to promote the health, safety, and welfare of the public.

(1)

The provisions of this article shall apply to all areas within the corporate limits of the City of Bessemer, but shall not apply to signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices; identification and informational signs; traffic, directional, and regulatory signs; and official signs of a non-commercial nature erected by public utilities. The provisions of this article describe those signs which are permitted; all others are excluded. Unless otherwise provided, the yard and setback requirements for the various districts and for streets, highways, and thoroughfares, established shall be applicable to signs authorized hereby.

(2)

The provisions of this article shall be administered and enforced by the building inspection officer of the department of building and inspections. This official and other officials in behalf of the department shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections necessary to carry out his duties and the enforcement of this article.

(1)

The area of a sign is measured as the entire area within a circle, triangle or parallelogram enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed excluding the necessary supports or uprights on which such sign is placed.

(2)

Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than 42 inches from one another and do not form an angle of more than 90;deg;, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

(3)

Whenever the nearest part of any sign is set back 50 feet or more from the nearest front lot line, for purposes of area restrictions of this Ordinance, its area shall be considered to be a percentage of the actual area shown in the following schedule:

(4)

Where a sign consists solely of lettering or other sign elements without any distinguishing border printed or mounted on a wall or a roof of a building, panel or background, any blank rectangular area which is more than 10 percent of the area of the sign as otherwise computed shall be disregarded. All of the lettering and other sign elements printed or mounted upon a wall of a building without any distinguishing border, panel or background and pertaining to the same enterprise shall be treated as a single sign for purposes of area computation.

For the purposes of this article, the following definitions, terms, and their application shall be used and applied:

(1)

Advertisement. The calling of a service, product, or activity to the attention of the public, including identifying such service, product, or activity and emphasizing desirable qualities, so as to produce a desire to buy or patronize.

(2)

Alteration. The replacement, enlargement, reduction, or reshaping of, or addition to, a sign, sign trim, frame, pole, brackets, or any supporting member; or any change in the number of poles supporting a sign; or, except as authorized under the definition of "maintenance" herein defined, the replacement or modification of any words, letters, numerals, symbols, or other surface features of a sign in order to create a substantially different visual effect, or to advertise a business, activity, product, or service of a different type, category, or nature than the business, activity, product, or service which it advertised before the replacement or modification.

(3)

Area. The size of a sign measured by the smallest square, rectangle, triangle, circle, or other geometric shape or combination thereof, which will encompass the entire sign, including any border or trim but excluding the base, apron, supports, and other structural members.

(4)

Attached sign. A sign fastened or affixed to, mounted against, or otherwise connected to, a building or other nonsign structure, provided however, that the primary purpose of said structure is not the display of the sign.

(5)

Billboard. See off-premise[s] sign, definition below.

(6)

Building inspection officer. The inspection enforcement officer of the zoning ordinance of the City of Bessemer, Alabama, or any of his authorized assistants or inspectors.

(7)

Business center sign. A detached sign which identifies a complex of two (2) or more occupants or tenants on the same lot or tract of land.

(8)

Construction site identification sign. A sign located on the site of a construction project which identifies the owners, architects, engineers, contractors, mechanics, artisans, craftsmen, financial institutions, and other individuals or firms involved with the construction, but does not include any advertisement of any product, service, or activity, except that such sign may include information regarding sale or leasing, and words announcing the name or character of the building enterprise or the purpose for which the building is intended.

(9)

Detached or ground-mounted sign. A sign not attached or fastened to, or mounted against, or otherwise connected in any way to, a building or other nonsign structure located on the same premises as the sign, but instead mounted on or attached to framework whose primary purpose is to display the sign; for purpose of mounting signs in the City of Bessemer, said mounting should be a pylon or monument sign structure; pole signs are prohibited.

(10)

Directional sign. A sign of a non-commercial nature which directs the reader to the location of a public, religious, or educational institution, or to the location of a public work or building; or signs directing traffic on private property, such as ingress and egress signs; or signs displayed for the direction and convenience of the public, including signs which identify restrooms, location of public telephones, public entrances, freight entrances, and the like. Such signs may display a business name or logo and directional information or symbols, but shall not bear nor display any advertisement.

(11)

Electric sign. A sign with electrical wiring or lighting therein or thereon, or used in conjunction with the sign, including use of neon or florescent tubing.

(12)

Garage or yard sale sign. A temporary sign which advertises a garage or yard sale held at a residence.

(13)

Height of sign. The vertical distance of a sign measured from the road or grade of the site (to which the sign is oriented, whichever is higher) to the top of the sign, including border, trim, frame, supports, and all other structural members and appurtenances; except as relates to roof-mounted signs, or where the context within which the term is used clearly indicates otherwise.

(14)

Home occupation sign. A sign advertising an activity conducted entirely within a residence and carried on solely by the inhabitant thereof, and which activity is clearly incidental and secondary to the use of the residence for dwelling purposes.

(15)

Illuminated sign. A sign in which an artificial source of light is used in connection with the display of such sign.

(16)

Institutional sign. A church, school, or similar institution's identification sign, bulletin board, or directional sign.

(17)

Length of sign. The horizontal distance of a sign measured from one end of the sign to the other, including border, trim, frame, supports, and all other structural members and appurtenances.

(18)

Maintenance. The normal care and minor repair necessary to maintain safe, attractive, and finished sign structure, trim, frame, poles, brackets, and surface. Replacing or updating of copy or logo on a valid nonconforming on premise[s] sign shall be considered maintenance only if the type, category, or nature of the activity or product or service being advertised remains the same, provided the sign is not altered thereby. The message or copy of any off-premise[s] sign may be changed or replaced without regard to the contents thereof as a part of normal maintenance.

(19)

Marquee. A permanent roofed structure attached to and supported by a building and projecting over a public sidewalk.

(20)

Marquee sign. A sign attached to or painted on or inscribed on, and partly or fully supported by, or made an integral part of, a marquee.

(21)

Nonconforming sign. A sign not prohibited herein as a public nuisance that conformed in all respects to the sign regulations and applicable zoning provisions in effect when it was located, but which now violates one (1) or more provisions of this article as of the date of the official adoption and passage of this article; in [the] central business district only, an on-premise[s] attached sign which extends over a public sidewalk for the purpose of this article shall not be deemed nonconforming and not illegal.

(22)

On-premises sign. A sign that draws attention to or communicates information about a business, service, product, commodity, accommodation, attraction, church, school, public or charitable institution, or other enterprise or activity that exists or is being conducted, sold, offered, maintained, or provided, except that an on-premise[s] sign may also display a non-commercial message, whether or not such message relates to the premises in question.

(23)

Off-premises sign. A sign that draws attention to or communicates information about a business, service, product, commodity, accommodation, attraction, church, school, public or charitable institution or other enterprise or activity that exists or is being conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located, or otherwise conveys a commercial or non-commercial message unrelated to the premises upon which the sign is located.

(24)

Portable sign. A temporary sign allowed by permit only, with a minimum permit fee of $15, plus $1 issuance fee, made of any material, with or without changeable lettering, which is designed to be, or is, portable, and which is mounted on a vehicle, trailer, stand, or similar structure, with or without wheels, and is not permanently embedded in the ground; also known as a trailer sign, or mobile sign. For the purposes of this article, such signs shall be considered detached signs, and as such, shall meet all the requirements specified for detached signs. Portable signs must conform to wind load and electrical requirements, as well as other applicable provisions of the codes and ordinances enforced by the City of Bessemer, and must be anchored or supported in such a manner as to guard against the effects of wind. A portable sign permit is valid for ninety (90) days after date of issuance and a maximum of 1 permit per year is allowed for any single property.

(25)

Projecting sign. An attached sign erected on the face or outside wall of any building or nonsign structure and projecting out at an angle therefrom.

(26)

Real estate sign. A sign advertising the sale, rental, or lease of the premises or part of the premises on which the sign is displayed.

(27)

Roof-mounted sign. An attached sign which is affixed primarily and directly to, and which extends above, the roof of any building or nonsign structure.

(28)

Setback. Unless otherwise provided, such term refers to the established yard and setback requirements of the zoning ordinance.

(29)

Sign. A display board, screen, placard, or any other device, or any painted or pasted-on display, which is visible from any public place, street, or highway, or from any way or property open to the public for vehicular travel, and upon which is displayed or included any letter, word, numeral, banner, flag, emblem, logo, symbol, decoration, device, representation, or similar item used as, or which is in the nature of, an identification, announcement, direction, notice, advertisement, or other attention getting device. For the purposes of this article, this definition shall also include painted, pasted, self-supporting, and attached words, letters, numerals, symbols, emblems, and other such displays, meaning thereby those displays which are themselves painted, pasted, or attached directly to a structure and not mounted on any signboard.

(30)

Standard building code. The Standard Building Code published by the International Building Code Congress International, Inc., as adopted and amended by the city of Bessemer from time to time.

(31)

Subdivision, condominium, andapartment identification signs. Signs that identify the name of a residential subdivision, condominium development, or apartment complex.

(32)

Temporary sign. A sign of a non-permanent nature is used in connection with a circumstance, situation, or event that is designed, intended and expected to take place or to be completed within a reasonably short and definite time period after the erection of such sign. If a sign display area is permanent, but the message displayed is subject to periodic changes, such sign shall not be regarded as temporary. All portable signs shall be considered to be temporary signs, and will be regulated according to provisions for temporary signs. (See Portable sign, above)

(33)

Wall sign. An attached sign which is mounted parallel to or flush against an exterior wall of a building.

(34)

Warning sign. A sign, containing no advertising material, warning the public of the existence of danger.

(1)

There shall be exempt from the provisions of this article, the following types of signs, which shall not count in the computation of any applicable total sign number or area:

a)

Signs not exceeding two (2) square feet in area which denote the name, address, or business hours only of the occupant of the premises.

b)

On-premise[s] directional signs, so long as they do not exceed four (4) square feet in area and they meet the following conditions:

1.

If located within ten (10) feet of the public right-of-way, such signs shall not exceed thirty (30) inches in heights.

2.

If located in any setback area, but not closer than ten (10) feet from the public right-of-way, such signs shall not exceed three and one-half (3½) feet in height.

3.

If not located in any setback area, such signs shall not exceed six (6) feet in height.

c)

Signs which are fully located within the interior of any building or stadium or within an enclosed lobby or court of any building.

d)

Publicly owned memorial tablets or signs.

e)

Signs painted on or otherwise attached to currently licensed motor vehicles, so long as the primary function of such vehicle is the ordinary one attributed to vehicles in general, and not to advertise or identify as a sign by itself would.

f)

Signs proclaiming religious, political, or other non-commercial messages, other than those regulated by section 11.6 that do not exceed one (1) per abutting street or sixteen (16) square feet in area and that are not internally illuminated.

g)

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

h)

Small changeable signs over gasoline pump islands illustrating current pricing of gasoline.

(1)

The following temporary signs are permitted in the specified districts without a building permit, subject to the following conditions in addition to those set out elsewhere in this article:

(a)

One (1) unlighted real estate sign per street frontage, not exceeding six (6) square feet in area if in a residential district, or thirty-two (32) square feet in area if in any other district. Such signs shall be removed no later than ten (10) days after the sale, lease, or rental is closed or otherwise completed.

(b)

One (1) unlighted construction site identification sign per contractor, not exceeding twelve (12) square feet if in a residential district, or thirty-two (32) square feet if in any other district, or one (1) sign per construction project, not exceeding one hundred (100) square feet in area and including names of all construction companies, engineers, and architects. Such signs shall not be erected prior to the issuance of the building permit and shall be removed no later than ten (10) days after the issuance of the certificate of occupancy or the commencement of the intended use, whichever occurs first. (See section 11.9[4])

(c)

Signs erected in connection with the observance of generally recognized holidays. Such signs shall be removed no later than ten (10) days after the end of the holiday being observed.

(d)

Signs erected in connection with elections or political campaigns which do not exceed six (6) square feet in area if in a residential district, or thirty-two (32) square feet in area if in any other district. Such signs shall be removed no later than ten (10) days after the election, final runoff election, or conclusion of the campaign for which they were erected.

(e)

One (1) sign per street frontage, not exceeding six (6) square feet in area if in a residential district, or thirty-two (32) square feet in area if in any other district, which indicates that a special event such as a grand opening, fair, carnival, circus, festival, animal show, contest, race, entertainment show, or similar event is to take place, so long as such event is of a temporary nature. Such signs shall not be erected sooner than thirty (30) days before the event and shall be removed no later than ten (10) days after the event.

(f)

One (1) garage, yard sale, or estate sale sign per street frontage, provided that such signs shall not exceed (6) square feet in area and shall be removed not later than (3) days after the sale.

(g)

Signs evidencing an award by a governmental agency, chamber of commerce, or other nonprofit organization in recognition of the beauty and aesthetically pleasing condition of the premises; and signs recognizing and honoring historical properties or excellence and distinction in architectural rehabilitation of the premises on which the sign is located, so long as such signs remain on the premises for not more than one (1) year, do not exceed six (6) square feet in area, and do not exceed six (6) feet in height.

(2)

No person shall place or erect a temporary sign within an street right-of way, or attach it to any utility pole; nor shall any person place or erect any such sign upon a building, wall, tree, fence, or other property of another person or business without first obtaining the consent of the owner of such property.

(3)

The signs authorized herein shall at all times be subject to the provisions of this section.

(1)

Permit required. Except as otherwise provided in this ordinance it shall be unlawful for any person to erect, construct, enlarge, move, alter or convert any sign in the city or cause the same to be done, without first obtaining a building permit for each sign from the building inspection officer as required by this ordinance. Permits are not required for routine sign maintenance.

(2)

Application for permits. Application for a permit shall be made to the building inspection officer upon a form provided by the building inspection officer and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the city, including:

(a)

Name and address of owner of the sign.

(b)

Name and address of owner or the person in possession of the premises where the sign is located or to be located.

(c)

Clear and legible drawings with description definitively showing the location of the sign which is subject of the permit and all other existing signs.

(d)

Drawings issued and stamped by a licensed engineer or architect, showing the dimensions, construction supports, size, electrical wiring and components, wind load specifications, materials of the sign, and method of attachment.

(e)

A building and electrical permit shall be required for all flashing, intermittent illumination or portable signs.

(3)

Issuance denial. When a permit is denied by the building inspection officer, notice shall be given to the proper applicant of the denial.

(4)

Appeals of permit denial. Appeal may be taken to the board of adjustment upon denial by the building inspection officer to issue a building permit.

(5)

Permit fees. Application for permits shall be filed with the building inspection officer together with a $15 minimum permit fee, plus 1% of the contract valuation above $1,500, as specified by the building inspection officer for each sign.

(6)

Inspection of signs. The person erecting, altering, relocating, enlarging or converting any sign shall notify the building inspection officer upon completion of the work for which permits are required and issued. All free standing signs shall be subject to a footing inspection and all electrical signs shall be subject to an electrical inspection by the building inspection officer.

(7)

Unlawful signs. Every sign in the city shall be maintained in good structural condition. The building inspection officer may inspect and shall have the authority to order removal of signs which become dilapidated or abandoned. Removal will be at the sign owner's expense.

(1)

Height requirements:

(a)

No detached sign of any type of kind which exceeds six (6) feet in height shall be located, erected, or maintained in any residential district.

(b)

No detached sign of any type or kind, other than an off-premise[s] sign, which exceeds eighteen (18) feet in height shall be located, erected, or maintained in any district, except that signs may be allowed up to a maximum of 24' for hotels, hospitals, planned developments, if in conformance with an overall development plan approved by the planning and zoning commission. In no case shall a sign height exceed the principle building on the same lot.

(c)

No off-premise[s] sign which exceeds forty (40) feet in height, forty-eight (48) feet in length, or six hundred seventy-two (672) square feet in area per side, shall be located, erected, or maintained in any district.

(2)

Roof-mounted signs shall not be permitted unless reviewed and approved by the zoning board of adjustments.

(3)

Attached signs meaning those primarily attached to the side of a building, shall not extend above a line equal to the height of the building to which they are attached.

(4)

A two-sided sign shall be regarded as one (1) sign so long as the two (2) sides at not point separated by a distance in excess of five (5) feet.

(5)

All signs, and all components, supporting structure, and appurtenances thereof, shall be maintained in good repair, free of rust, peeling, flaking fading, broken or cracked panels, and broken or missing letters, presenting a clean and finished appearance.

(6)

The area within ten (10) feet in all directions of any part of a detached sign shall be kept clear of debris and trash, and grass and other undergrowth in said area shall not exceed five (5) inches in height, measured from ground level.

(7)

Exposed backs of signs shall be painted a single color and shall present a clean and finished appearance.

(8)

Signs fixed or mounted directly on or in windows shall not require a permit and shall not count against the signage allocation for the premises, provided that such signs do not cover more than fifteen (15) percent of the total window area.

(9)

No sign, nor any part thereof, shall be erected or located in or project over any public right-of-way, except as otherwise provided by this article.

(10)

No sign shall display flashing, intermittent, rotating, or moving lights, or lights of changing degrees of intensity, which are visible from the right of way of a public street or highway, or from any other vehicular travel way open to the public. An exception is an electronic message which may be allowed in all non-residential districts upon approval by the zoning board of adjustments.

(11)

Changeable message signs may be permitted in all non-residential districts as a special exception. This shall include manually changeable message boards provided the sign panel matches the overall sign color in lieu of white. Electronic changeable signs shall be allowed if all other sign standards are met. Only one such changeable sign may be allowed per lot.

(12)

No sign shall revolve or be animated, or utilize movement or apparent movement in order to attract the attention of the public, which is visible from the right-of-way of a public street or highway, or from any other vehicular travel way open to the public.

(a)

If located within ten (10) feet of the public right-of-way, the sign shall not exceed three and one-half (3½) feet in height nor forty (40) square feet in area.

(b)

If the sign and all supporting member, trim, and other parts thereof are located ten (10) feet or more from the public right-of-way, the sign shall not exceed six (6) feet in height nor eighty (80) square feet in area.

(13)

Any number of attached condominium or apartment identification signs shall be permitted, provided however, that the total area of all such signs per development or complex shall not exceed thirty-six (36) square feet, none of which shall extend above the building.

(14)

One detached condominium or apartment identification sign shall be permitted on each public street frontage, provided each sign complies with the following requirements in addition to those set out elsewhere in this article:

(a)

Such signs and all supporting members, trim, and other part thereof shall be located ten (10) feet or more from the public right-of-way, and shall not exceed six (6) feet in height nor forty (40) square feet in area.

(15)

The following signs, which are hereby declared a public nuisance, are prohibited and shall not be given nonconforming status. Any such signs existing on the effective date of this article, or thereafter, shall be removed or brought into conformance herewith not later than 5 years.

(a)

Signs which copy, imitate, or in any way approximate an official traffic sign or device, designed to cause the public to focus attention on the sign, where the ultimate purpose of such sign is to draw attention to the service or product being offered.

(b)

Signs which interfere with the view of street traffic, or interfere with any sign displayed by public authority for the purpose of giving traffic instruction or direction or other public information.

(c)

Signs which display flashing, intermittent, rotating, or moving lights, or lights of changing intensity which are visible from the right-or-way of a public street or highway, or from any other vehicular travel way open to the public, and which are located within the setback abutting a public street or highway.

(d)

Signs which permit focused light, such as beams or rays of light, to be directed onto a public street, highway, road, sidewalk, or premise[s] of another owner or tenant when such light is of such intensity or brilliance as to cause glare or reflection and impair vision, or constitute a traffic hazard or nuisance.

(e)

Signs on public property that are attached to or maintained upon trees, or painted or drawn upon rocks or other natural features.

(f)

Signs incorporating any noisy mechanical device which emits sound of such a volume as to be heard over the normal road noise by an average motorist on a highway or street.

(g)

Signs which fail to meet the standards set out by the Standard Building Code, National Electrical Code, or any other applicable codes enforced by the City of Bessemer including without limitation, applicable wind load and electrical requirements.

(h)

Signs, or any parts or appurtenances or supporting members thereof, which obstruct or interfere with any door, side escape, ventilation opening, or other means of ingress and egress or ventilation.

(i)

Signs which interfere with the view necessary for vehicular or pedestrian traffic to proceed safely or to enter onto or exit from public or private streets, roads, or highways.

(j)

Signs, including without limitation those existing on the effective date of this article, which violate one (1) or more of the provisions of this article, and which are not nonconforming signs as defined in this article.

(16)

No sign shall be erected or maintained at any location where by reason of its position, wording, illumination, size, shape, or color it may obstruct, impair, obscure, interfere with the view of, or be confused with, any authorized traffic control sign, signal, or device.

(17)

No sign shall contain or make use of any light, word, phrase, symbol, shape, form, or character in such manner as to interfere with, mislead, or confuse traffic.

(18)

No sign having flashing, intermittent, or animated illumination shall be permitted within three hundred (300) feet of property in any residential district unless such sign is not visible from such property.

(19)

No illuminated sign shall be permitted within fifty (50) feet of property in any residential district unless the illumination of such sign is so designed that it does not shine or reflect light onto such property.

(20)

No business or advertising ground sign shall be erected to exceed fifty (50) feet in length.

(21)

No part of any wall or projecting sign that is attached to a building shall be erected to a height greater than that regulated in the zoning code of the City of Bessemer.

(22)

All outdoor advertising structures, including billboards, shall be erected or placed in conformity with the side and rear yard requirements of the district in which the off-premise[s] signs is located. However, no advertising structure shall be erected or placed closer than within 100 feet of any residential district and shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district.

(23)

Business ground signs shall be located not closer than 10 feet to a street right-of-way line unless such sign is a least 10 feet above the ground and vision under the sign is only incidentally obstructed by supporting members. Further, all business signs shall set back five feet from all side and rear property lines.

(24)

Ground mounted signs shall be mounted on pylons or monument sign standards.

(25)

No sign shall be placed in any public right-of-way, except publicly owned signs, such as traffic control signs, directional signs, and subdivision identification signs.

(26)

Signs projecting from a building or extending over public property shall maintain a clear height of nine feet above the sidewalk and all such signs shall not extend within more than 18 inches of the curb line but in no case shall they project to a distance greater than 10 feet.

(27)

Professional signs for home occupations, where permitted, shall not exceed two square feet in area, provided, such sign is either a wall or ground sign located not closer than 20 feet to the street right-of-way line.

(28)

Trailer signs may not be installed on premises within the City of Bessemer, except upon review by the board of zoning adjustments for temporary purposes for a specified period of time, not to exceed 90 days; a special exception for this time limit may be if granted for up to sixty (60) upon review and approval by the board of zoning adjustment if signs are installed in accordance with requirements for standard detached sign. Only one such sign may be allowed per lot. Sign may include changeable message board, electronic or manual, subject to zoning board of adjustment approval.

(29)

Internally and externally illuminated signs are allowed in all non-residential districts, provided other size, color, safety and other standards are met and provided light does not project onto right-of-way or adjacent properties, or interfere with vision of pedestrians or motorists. Externally illuminated signs may be allowed in a residential district as exception by the zoning board of adjustment.

(1)

For each permitted or required parking area that has a capacity of more than four cars, one sign, not more than four square feet in area, designating each entrance to or exit from such parking area, and one sign, not more than 12 square feet in area, identifying or designating the conditions of use of such parking area.

(2)

One non-illuminated "for sale" or "for rent" sign not exceeding six (6) square feet in area and advertising the sale, rental, or lease of the premises on which the sign is located. A larger sign shall be permitted for two or more lots in single ownership or for properties in excess of 100 feet in width, provided that the area of such sign shall be increased on a graded scale of one square foot increase in area for each additional five (5) feet of frontage over 100 feet, but in no case shall the sign exceed in the aggregate 200 square feet. Such sign shall be a ground or wall sign and located not closer than 20 feet from the street line.

(3)

For each real estate subdivision that has been approved in accordance with the Bessemer Subdivision Regulations, one sign, not over one hundred (100) square feet in area, advertising the sale of property in such subdivision. Such sign shall be permitted only when located on some portion of the subdivision being advertised for sale and shall not encroach upon any required yard. Such sign may be illuminated, but no flashing, intermittent or animated illumination is permitted. Such sign shall be maintained only during such time as some portion of the land is unsold.

(4)

For construction on or development of a lot, one sign per contractor, not more that twelve (12) square feet in area, or one sign not exceeding one hundred (100) square feet in area, giving the names of all the contractors, engineers, or architects, but only during the time that construction or development is actively underway. (See section 11.6[b])

(5)

One sign, not more than nine square feet in area, pertaining to the sale of agricultural products raised on the premises.

(6)

Signs established by, or by order of, any governmental agency.

(7)

For special events such as a grand opening, fair, carnival, circus, festival, animal show, contest, race, entertainment show, or similar event one (1) sign per street frontage, not exceeding six (6) square feet in area if in a residential district, or thirty-two (32) square feet in area if in any other district, which indicates that such an event is to take place, so long as such event is of a temporary nature. Such signs shall not be erected sooner than thirty (30) days before the event and shall be removed not later than ten (10) days after the event.

(8)

Signs located on the rolling stock of common carriers or on motor vehicles or trailers bearing current license plates which are traveling or lawfully parked upon public highways, or lawfully parked upon any other premises for a period not exceeding four hours or for a longer period where the primary purpose of such parking is not the display of any sign.

(1)

For single-family, two-family, and multiple-family dwellings: Nameplates shall not exceed two square feet in area, shall indicate only name and/or address of the occupants, premises, announcement of boarders or roomers, or customary home occupation.

(2)

For multiple-family and group dwellings: Identification signs, not to exceed nine (9) square feet in area, shall be permitted; such sign shall indicate only the name and/or address of the premises, and the name of the management. Such sign shall be attached flush with the principal building and may have indirect illumination.

(3)

For churches, schools, or public buildings: Bulletin boards or identification signs, not to exceed 20 square feet in area, shall be permitted; such bulletin board or identification sign shall indicate nothing other that name and/or address of the premises, and schedule of services or other information relevant to the operation of the premises. Such sign shall be located not closer than one-half the required setbacks and may have indirect illumination.

(4)

Only one sign per street frontage shall be permitted.

(5)

Flashing, intermittent illumination or portable signs on wheels are prohibited.

(6)

Billboards and other advertising structures are prohibited.

(7)

Signs permitted in the planned residential districts will be determined as part of the development plan review process.

(8)

Temporary signs, condominium and subdivision entrance signs subject to general sign regulations.

(1)

Any number of attached on remise signs, provided that the total area of all such signs as located per wall face shall not exceed five (5) percent of the total of such wall face area, to a maximum area of one hundred fifty (150) square feet per wall face.

(2)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise[s] sign having a maximum area of thirty-six (36) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because frontage is in excess of two hundred fifty (250) feet, such signs shall not be placed closer than one hundred (100) feet to another detached sign on the same property. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(3)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of sixty-four (64) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer than one hundred (100) feet to another detached sign on the same property. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(4)

Marquee and marquee signs on theaters, may, in addition to all other signs permitted by this section, extend over the public sidewalk (but not over any part of the street or street curb).

(5)

Condominium and apartment identification signs complying with the general sign regulations.

(6)

Subdivision entrance signs complying with the general sign regulations.

(7)

Temporary signs as permitted under general sign regulations.

(1)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, any number of attached on-premise[s] signs is permitted, provided however, that the total area of all such signs shall not exceed 10% of the wall area upon which the signage is placed or one hundred (100) square feet, whichever is less, none of which shall extend above the roof line of the building. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, any number of attached on-premise[s] signs, provided however, that the total area of all such signs per individual occupant, tenant, or enterprise shall not exceed 10% of the wall area of the business on which said sign is placed, or one hundred (100) square feet, whichever is less, none of which shall extend above the building. In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise[s] sign having a maximum area of one hundred (100) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer than one hundred (100) feet to another detached sign on the same property. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment. Where businesses locate an attached and detached sign, the total area of combined signage for the property may not exceed the maximum allowable for either attached or detached signs.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of one hundred fifty (150) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer than one hundred (100) feet to another detached sign on the same property. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(5)

Condominium and apartment identification signs complying with the general sign regulations.

(6)

Subdivision entrance signs complying with the general sign regulations.

(7)

Temporary signs as permitted under general sign regulations.

(1)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, any number of attached on-premise[s] signs, provided however, that the total area of all such signs shall not exceed 10% of the wall area upon which the signage is placed or one hundred (100) square feet, whichever is less, none of which shall extend above the roof line of the building. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, any number of attached on-premise[s] signs, provided however, that the total area of all such signs per individual occupant, tenant, or enterprise shall not exceed 10% of the wall area of the business in which the sign is placed or one hundred (100) square feet, whichever is less, none of which shall extend above the roof line of the building. In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise[s] sign having a maximum area of one hundred (100) feet on a side per two hundred fifty (250) feet of strong frontage or fraction thereof, provided, however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer than one hundred (100) feet to another detached sign on the same property. If such lot or tract of land has frontage on more than (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment, which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment. Where businesses locate an attached and detached sign, the total area of combined signage for the property may not exceed the maximum allowable for either attached or detached signs.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of one hundred fifty (150) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tracts of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(1)

On lots or tracts of land having only one (1) occupant, tenant or commercial or business enterprise, any number of attached on-premise[s] signs, provided however, that the total area of all such signs shall not exceed 10% of the wall area upon which the signage is placed, or one hundred (100) square feet, whichever is less, none of which shall extend above the roof line of the building. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two or more occupants, tenants, or commercial or business enterprises, any number of attached on-premise[s] signs, provided however, that the total area of all such signs per individual occupant, tenant, or enterprise shall not exceed 10% of the wall area on which the sign is placed or one hundred (100) square feet, whichever is less, none of which shall extend above the roof line of the building. In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100 feet) to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise[s] sign having a maximum of thirty-six (36) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer than one hundred (100) feet to another detached sign on the same property. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) detached sign, subject to the above restrictions may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment. Where businesses locate an attached and detached sign, the total area of combined signage for the property may not exceed the maximum allowable for either attached or detached signs.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or enterprises, one (1) detached business center sign having a maximum area of 200 square feet allowed. Additional sign area may be allowed for hotels, hospitals and planned development in accordance with a development approved by the planning and zoning commission.

Off-premise[s] signs having a maximum area of six hundred seventy-two (672) square feet on a side, a maximum height of forty (40) feet, and a maximum length of forty-eight (48) feet are allowed in business districts where they are a permitted use, provided that the following conditions are met:

(1)

Such signs shall not be located, erected, or maintained closer than one thousand (1000) feet from another detached off-premise[s] sign, measured on the same side of the street; and

(2)

Such signs shall not be located, erected or maintained closer that two hundred (200) feet from the border of any residential district; and

(3)

Such signs shall not be located, erected, or maintained closer than one hundred (100) feet from the intersection of any public highways or street; and

(4)

Such signs shall comply with the setback requirements;

(5)

Neither such signs themselves, not the trim, apron, supports, or structural members of such signs, other than poles, shall obstruct visibility between the heights of three and one-half (3½) feet and ten (10 feet), as measured from the street level; and

(6)

Poles supporting such signs shall not exceed forty (40) inches in diameter, and

(7)

There shall be no more than one (1) such sign on any one (1) pole, support, or sign structure;

(8)

An off-premise[s] sign may not be located on the same parcel with another commercial use and must be located on a property meeting other district requirements.

(1)

All off-premise[s] detached signs shall be located, erected, and maintained so that neither the sign itself nor any part of supporting member thereof extends over the front, rear, or side yard setback.

(2)

In all districts other than residential districts, unless otherwise specifically provided, temporary signs shall be located as follows:

(a)

No such signs shall be located within ten (10) feet of a public right-of-way; and

(b)

If located in a setback area, but not closer than ten (10) feet from a public right-of-way, such signs shall not exceed three and one-half (3½) feet in height; and

(c)

If located more than ten (10) feet from a public right-of-way and not within any setback area, such signs shall not exceed six (6) feet in height.

(3)

Temporary signs located in residential districts which do not exceed six (6) square feet in area or six (6) feet in height may be located, erected, and maintained in the front, rear, or side yard setback up to the public right-of-way.

(4)

All other detached signs shall be located, erected and maintained so that neither the sign itself nor any part of supporting member thereof extends into, over, or is located, within ten (10) feet of an abutting public street right-of-way, or extends into, over, or is located within any applicable front, rear, or side yard setback, the greater of which shall apply.

(5)

All on-premise[s] attached signs shall be located, erected, and maintained so that neither the sign itself nor any part thereof extends more than fourteen (14) inches over the applicable front, rear, or side yard setback.

(6)

Where property is situated at the intersection of public street or highways, and there is no applicable setback for one (1) or more of the street or highway frontages, the front setback shall apply as the applicable setback.

(1)

All signs shall be maintained in good condition, so as to present a neat and orderly appearance. The department of building and inspections may cause to be removed, after due notice, any sign that shows gross neglect or becomes dilapidated.

(1)

It is intended to eliminate nonconforming signs, except as otherwise specifically set forth in this section. Any lawfully erected sign, the maintenance of which is made lawful by this ordinance may continue to be maintained exactly as such existing at the time when the maintenance thereof became otherwise unlawful under the provisions of this ordinance.

(2)

Except as otherwise provided for, nonconforming signs may remain in use and may be maintained. However:

(a)

If such sign is altered; or

(b)

If at any time after six (6) months from the effective date of this article said sign requires repairs of a value in excess of fifty (50) percent of its replacement value, exclusive of foundations and supports; or

(c)

If after such time it is destroyed to the extent of more than fifty (50) percent of its replacement value, exclusive of foundations and supports; or

(d)

As respects an on-premise[s] sign only, if the use of said on-premise[s] sign is abandoned for a period of ninety (90) days, or changes so that it advertises a business, activity, product, or service of a different type, category, or nature than the business, activity, product, or service which it advertised before the change; then in any of said instances, said sign shall lose its conforming status, and shall be deemed as an illegal sign and shall be made to conform to all provisions of this article, or be removed. As used herein, "abandoned" shall be taken to refer to a sign which advertises an activity or business no long being conducted, or a service or product no longer being offered or produced, on the premises where such sign is located.

(3)

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

(4)

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

(5)

No detached sign shall be erected on the same lot with an existing nonconforming detached sign until the nonconforming sign has been removed or made to conform to the provision of this article; provided however, such provision shall not apply to an off-premise[s] detached sign which is or could be deemed nonconforming solely by virtue of the spacing requirements of this article for off premise[s] signs.

(6)

No nonconforming sign:

(a)

Shall be changed to another nonconforming sign;

(b)

Shall have any changes made in the words or symbols used or the message displayed on the sign unless the sign is an off-premise[s] advertising sign, or a bulletin board, or substantially similarly type of sign, specifically designed for periodic change of message;

(c)

Shall be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign;

(d)

Shall be re-established after the activity, business or usage to which it relates has been discontinued for 30 days or longer; or

(e)

Shall be re-established after damage or destruction if the estimated expense for reconstruction exceeds 50% of the reproduction cost.

(1)

Unsafe signs. If the department of building and inspections shall find that any sign or any part of any sign is in danger of falling, or presents a hazard from electrical shock or fire, or is otherwise unsafe, insecure, or a menace to the public, she/he shall give written notice to the owner, agent, or person having the beneficial interest in such sign, or in the building or the premises on which such sign is located. If the sign was conforming in all other respects at the time notice was given, repairs of the condition prompting the notice shall be made within thirty (30) days. If the sign had been deemed nonconforming pursuant to section 25-80 at the time notice was given, and if no more than six (6) month time has elapsed since the effective date of this article, such sign shall be permitted to remain, but shall be subject to the above thirty-day repair requirement. However, after six (6) months from the effective date of this article, if repairs required to a nonconforming sign under this section are in excess of fifty (50) percent of its replacement value, or if not brought into conformance with this article within thirty (30) days shall not be repaired and continue to function as a nonconforming sign.

If the repair or removal of an unsafe sign is not accomplished within the above mandated thirty (30) day period, the department of building and inspections is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located. Notwithstanding the foregoing provisions, the building director is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located, whenever she/he determines that such sign is an immediate and imminent peril to persons or property.

(2)

Obsolete signs. Any sign, whether existing on or erected after the effective date of this article, which advertises a business or activity no longer being conducted, or a service or product no longer being offered or produced, shall be removed by the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which the sign is located, within ninety (90) days of the cessation of such business, service, sale, or production.

If the department of building and inspections shall find that any such sign contemplated by the above paragraph has not been removed within the above mandated ninety-day period, she/he shall give written notice to the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located. Removal of the sign shall be effected within ten (10) days after receipt of the notice from the building inspection officer. If such sign has not been removed at the conclusion of such ten-day period. The building inspection officer is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located.

(3)

Permit limitation. No sign permit shall be issued for any premises where there exists an unsafe or obsolete sign as defined above, until the provisions of (a) [(1)] and (b) [(2)] above have been complied with.

(1)

Any decision of the building inspection officer made in the administration and enforcement of this article may be appealed to the board of zoning adjustment, subject to the provisions of section 11-52-80, et. seq., Code of Alabama, 1975.

(1)

All signs shall comply with the other provisions of the Code of Bessemer, Alabama, as amended from time to time, and all codes incorporated by reference into such Code.

(1)

The requirements and provisions of this article are severable, and should any section or part thereof be declared by any court of competent jurisdiction to be unconstitutional or invalid, the decision of the court shall not affect the validity of this article as a whole nor any section or part thereof, other than the section or part so declared to be unconstitutional or invalid.