To establish a permit system to allow a variety of types of signs in commercial and industrial zones and a limited variety of signs in other zones, subject to the standards and the permit procedures of this Chapter;

To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this Article, but without a requirement for permits;

To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;

To prohibit all signs not expressly permitted by this Chapter; and

To provide for the enforcement of the provisions of this Article.

Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

Computation of area of multi-faced signs. The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of one (1) of the faces.

Computation of height. The 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. Normal grade shall be construed to be the lower of:

Computation of maximum total permitted sign area for a zone lot. The permitted sum of the area of all individual signs on a zone lot shall be computed by applying the formula contained in Section 405.500(B), Table 1.5B "Numbers, Dimensions, And Locations Of Signs" to the lot frontage, building frontage or wall area, as appropriate, for the zoning district in which the lot is located. Lots fronting on two (2) or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building or wall area frontage on that street.

Except for banners, flags, temporary signs and window signs conforming in all respects with the requirements of this Chapter, 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.

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this Chapter at all times.

Temporary signs. Temporary signs for which a permit has been issued in accordance with Section 405.600 "Permits For Signs In The Public Right-Of-Way" which shall be issued only for signs meeting the following requirements:

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.

Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this Section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the City shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.

Any public notice or warning required by a valid and applicable Federal, State or local law, regulation or ordinance;

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three (3) feet beyond the lot line of the zone lot or parcel on which such sign is located;

Works of art that do not include a commercial message;

Holiday lights and decorations with no commercial message, but only between November fifteenth (15th) and January fifteenth (15th); and

Traffic control signs on private property, such as stop, yield and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.

Beacons;

Pennants;

Strings of light not permanently mounted to a rigid background, except those exempt under the previous Section; or

Inflatable signs and tethered balloons.

Applications. All application for sign permits of any kind shall be submitted to the Administrative Officer on an application form or in accordance with application specifications published by the Administrative Officer.

Fees. Each application for a sign permit shall be accompanied by the applicable fees which shall be established by the City Council from time to time by resolution.

Completeness. Within five (5) days of receiving an application for a sign permit, the Administrative Officer shall review it for completeness. If the Administrative Officer finds that it is complete, the application shall then be processed. If the Administrative Officer finds that it is incomplete, the Administrative Officer shall, within such five (5) day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable Sections of this Chapter.

Action. Within seven (7) days of the submission of a complete application for a sign permit, the Administrative Officer shall either:

Permit for new sign or for sign modification. An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawing to show the dimensions, design, structure and location of each particular sign. One (1) application and permit may include multiple signs on the same zone lot.

Inspection. The Administrative Officer shall cause an inspection of the zone lot for which each permit for a new sign or for modification of an existing sign is issued, prior to expiration of the sign permit. If the construction is complete and in full compliance with this Chapter and with the building and electrical codes, the Administrative Officer shall affix to the premises a permanent symbol identifying the sign(s) and the applicable permit by reference. If the construction is substantially complete but not in full compliance with this Chapter and applicable codes, the Administrative Officer shall give the owner or applicant notice of the deficiencies and shall allow an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse. If the construction is then complete, the Administrative Officer shall affix to the premises the permanent symbol described above.

Initial sign permit. An initial sign permit shall be automatically issued by the Administrative Officer covering the period from the date of the inspection of the completed sign installation, construction or modification through the last day of that calendar year.

Sign permits, subsequent. Sign permits shall be issued for twelve (12) months. Except as provided herein, sign permits shall be renewable annually upon submission of a renewal application form and the applicable fees. Renewal applications shall contain a representation by the applicant that no change in signage under the permit has been made or shall contain dimensions, drawings and photos of any changes.

Lapse of sign permit. A continuing sign permit shall lapse automatically if not renewed or if the business license for the premises lapses, is revoked or is not renewed. A sign permit shall also lapse if the business activity on the premises is discontinued for a period of one hundred eighty (180) days.

Assignment of sign permits. A current and valid sign permit shall be freely assignable to a successor as owner of the property or holder of a business license for the same premises, subject only to filing such application as the Administrative Officer may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require separate approval.

Term. A temporary sign permit shall allow the use of a temporary sign for a specified thirty (30) day period.

Number. A maximum of three (3) temporary sign permit(s) shall be issued to the same business license holder on the same zone lot in any calendar year.

Other conditions. A temporary sign shall be allowed only in districts with a letter "S" for "Temporary Signs" in Section 405.500(A), Table 1.5A "Permitted Signs By Type And Zoning District" and subject to all of the requirements for temporary signs as noted therein.

Signs existing on effective date. For any sign existing in the City on the effective date of this Article, an application for a sign permit must be submitted to the Administrative Officer within six (6) months. For any sign on property annexed at a later date, application for sign permits shall be submitted within six (6) months of the effective date of the annexation or within such period as may be established in an annexation agreement between the City and the landowner. Signs that are the subject of applications received after the applicable date set forth in this Section shall be subject to all of the terms and conditions of this Article and shall not be entitled to the protection of Subsection (2) of this Section. Application for permits for existing signs submitted before within the first six (6) months of the effective date of this Article shall be exempt from the initial fees adopted under authority of this Article, but not from renewal and subsequent fees.

Non-conforming existing signs, permits and terms. A sign that would be permitted under this Article only with a sign permit, but which was in existence prior to this Article or upon annexation to the City and which was constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design or construction is not in conformance with the requirement of this Article, shall be issued a non-conforming sign permit if an application in accordance with Subsection (1) of this Section is timely filed.

Such permit shall allow the sign(s) subject to such permit, which were made non-conforming by the adoption of this Article, to remain in place and be maintained for a period ending no later than three (3) years from the effective date of this Article, provided that no action is taken which increases the degree or extent of the non-conformity. Such signs are also subject to the provision of Subsection (3). A change in the information on the face of an existing non-conforming sign is allowed. However, any non-conforming sign shall either be eliminated or made to conform with the requirements of this Section when any proposed change, repair or maintenance would constitute an expense of more than twenty-five percent (25%) of the lesser of the original value or replacement value of the sign.

Lapse of non-conforming sign permit. A non-conforming sign permit shall lapse and become void under the same circumstances as those under which any other sign permit may lapse and become void.

Sign removal required. A sign that was constructed, painted, installed or maintained in conformance with a permit under this Chapter, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a non-conforming sign has expired, shall be forthwith removed without notice or action from the City.

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;

To install, create, erect or maintain any sign requiring a permit without such a permit;

To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which sign is located;

To fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter or for which the sign permit has lapsed; or

To continue any such violation.

Issuing a stop work order for any and all work on any signs on the same zone lot;

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the non-conformity;

Imposing any penalties that can be imposed directly by the City under the zoning ordinance;

Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City under the applicable provisions of the zoning ordinance and building code for such circumstances.