Bruceville Eddy City Zoning Code
§ 12
Sign regulations.
12-100
Short title.
This Zoning Ordinance section shall hereafter be known and cited as the “Sign Regulations.”
12-101
Purpose.
The purpose of this Ordinance is to establish reasonable regulations for signs in the City of Bruceville-Eddy in order to:
(a)
balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;
(b)
protect the public health, safety, and welfare;
(c)
reduce traffic hazards;
(d)
facilitate the creation of an attractive and harmonious community;
(e)
preserve scenic and important community views;
(f)
protect property values;
(g)
promote economic development; and
(h)
preserve the right of free speech exercised through the use of signs containing noncommercial messages.
12-102
As used in this Ordinance, unless the context otherwise indicates, these words shall be defined as follows:
Curb Line -
an imaginary line drawn along the outermost part or back of the curb and gutter on either side of a public street, or, if there is no curb and gutter, along the outermost portion of the paved roadway, or if there is no paved roadway, along the edge of the traveled portion of the roadway.
Erect -
shall mean to build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of signs.
Facade -
any separate face of a building, which encloses or covers usable space.
Facing or Surface -
shall mean the surface of the sign upon, against, or through which the message is displayed or illustrated on the sign.
Freestanding Service Facility -
automatic bank teller machine, film photo-finishing outlet or other similar facility located in a freestanding structure devoted solely to such use as an accessory to one or more principal buildings.
Incombustible Material -
shall mean any material which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at that temperature[.]
Other Advertising Structure -
shall mean any marquee, canopy or awning, as further defined in this Ordinance.
Permittee -
shall mean a person receiving an erection permit pursuant to the provisions of this Ordinance.
Person -
shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
Residentially Zoned Properties -
shall mean, for purposes of Section 12, any of the following districts: SF-1, SF-2, SF-3, MH, MF-1, and MF-2.
Setback Clearance Zone -
That area enclosed by drawing an imaginary line connecting two points located within fifteen (15) feet of the curb line of any street intersection, street/driveway intersection, or street/alley intersection, within which signs over two (2) feet in height and less than eight (8) feet in height are prohibited.
Sign -
Shall mean any writing, pictorial representation, illustration, emblem, symbol, design or other figure of similar character which is a structure or a part thereof, or is attached to or in any manner represented on a building or other structure, and is placed out-of-doors in view of the general public and is used for purposes of advertisement, identification or expression.
Sign, Agricultural -
an accessory sign identifying the farm or ranch on which it is placed and advertising the produce, crops, animals or poultry raised or quartered thereon.
Sign, Apartment Name -
an accessory sign for the identification of an apartment building or complex of apartment buildings.
Sign Area -
The largest area of the sign visible at any one time from any one point enclosed by a single continuous perimeter including any framing or trim enclosing a message, but not including any structural parts lying outside the limits of such sign, which does not form an integral part of the message display. The sign area shall be measured on only one side of a double-faced sign provided that the two faces are parallel to each other and provided that the faces are the same size and share a common structural support.
Sign, Awning - (Canopy, Marquee) -
an on-premise sign that is mounted or painted on or attached to an awning, canopy or marquee such that the sign does not project more than one (1) foot above, below or beyond the physical dimensions of the awning, canopy, or marquee.
Sign, Changeable Copy - (Reader Board) -
an on-premise sign advertising commodities or services offered on the premises consisting of individual message elements such as letters, numbers or symbols, which are designed and intended for frequent manual replacement or alteration after the sign is erected.
Sign, Construction -
a temporary accessory sign identifying the property owner, architect, contractor, engineer, landscape architect, decorator or mortgagee engaged in the design, construction or improvement of the premise on which the sign is located.
Sign, Development -
a temporary accessory sign related to the promotion of new developments and located on the premises involved in the development.
Sign Height -
the vertical distance between the base of the sign at the nearest natural grade to the highest part of the sign or any attached component.
Sign, High Profile -
an on-premise sign, including its supporting structure, which is mounted on one or more freestanding poles or other supports independent of a building, with a height over eight (8) feet.
Sign, Illuminated -
shall mean any sign which has characters, letters, figures, designs or outlines illuminated externally by electric lights or internally by luminous tubes.
Sign, Institutional -
an accessory sign for the identity of a school, church, hospital or similar public or quasi-public institution.
Sign, Low Profile -
an on-premise sign including its supporting structure, eight (8) feet or less in height, which is placed upon, or supported by the ground and independent of a principal building. Signs on accessory structures, freestanding service facilities, or fences not exceeding this eight (8) feet height, shall be considered a low-profile sign.
Sign, Name Plate -
a sign which is located on the premises, giving the name or address or both, of the owner or occupant of a building or premise.
Sign, Off-Premise -
a sign which is erected outdoors and maintained for a purpose other than to specifically serve or relate to the premises on which it is located, and which does not refer exclusively to the name, location, products, persons, accommodations, services, sale, lease, construction, or activities of or on the premises where it is erected.
Sign, Portable -
a transportable sign of durable construction on wheels, skids, legs, or framing including trailers and searchlights, the principal intent of which is for advertising or promotional purposes, and which is not designed nor intended to be permanently affixed to a building, other structure or the ground. A portable sign which has its wheels removed shall still be considered a portable sign. Portable signs shall not be allowed within the City or its extraterritorial jurisdiction after March 3, 2004.
Sign Setback -
the sign setback is measured as the perpendicular distance between the nearest curb line parallel to the street and the outer (leading) edge of any portion of a sign. In all other locations, sign setback is measured as the distance between the property line and the outer (leading) edge of any portion of a sign.
Sign, Special Height -
a special sign for highway-oriented automotive uses such as hotels, motels, service stations, shopping centers, office centers, and other similar uses where because of location or setback special signs identification is desirable.
Sign, Temporary -
any sign that is used only temporarily and is not permanently mounted, constructed of cardboard, cloth, canvas, fabric, plywood, or similar lightweight material. A portable sign is not a temporary sign.
Sign, Wall -
an on-premise sign affixed to, or painted on, the facade of a building such that the wall is the supporting structure for, or forms the background surface of the sign and which does not project more than eighteen (18) inches perpendicular to the wall. A wall sign shall include canopy signage associated with gasoline service stations and shall be limited to gas price, name, and company identification. A fence sign shall be considered a wall sign.
Structural Trim -
shall mean the molding, battens, capping, nailing strips, latticing, and platforms which are attached to the sign structure.
12-103
The zoning districts in which the various types of signs are permitted are indicated by the schedule of uses, 7-100. The following special provisions shall apply to the various types of signs in the districts indicated:
12-104
Summary Sign Regulations.
TABLE 1 | |||
|---|---|---|---|
TYPE SIGN | MAXIMUM AREA | DISTRICT PERMITTED | SPACING STANDARDS |
Name Plate | 2 sq. ft. | All Residential | One per street frontage |
Name Plate | See below | Nonresidential | See below |
Institutional | 32 sq. ft. | All Residential | One per street frontage |
Institutional | See below | Nonresidential | See below |
Apartment | 64 sq. ft. | All Districts with Apartments | One per street frontage |
On-Premise | See below | LR, GB, LI, and HI | See below |
Off-Premise | See Section 12-132 | Permitted along I-35 in LR, GB, LI and HI | 1500' between signs on same side of highway on I-35 |
Agriculture | 100 sq. ft. | A, LR, GB, LI, and HI | 200 ft. between signs |
Temporary Type Signs | |||
Real Estate | 16 sq. ft. | All Residential | One for each platted lot or tract and for acreage one for each 200 ft. of street frontage |
Real Estate | See below | Nonresidential | None specified |
Construction | 64 sq. ft. | All Districts | None |
Development | 300 sq. ft. | All Districts | One per project or one for each 100 acres in project |
Over height | See Section 12-106 | GB, LI, and HI | |
Editor’s note–At the request of the city, the references in table 1 above to table 5 were omitted.
12-105
In a PD (Planned Development District) the sign standards shall be specified in the amending ordinance, either explicitly or by means of a reference Zoning District.
12-106
No sign shall be constructed to exceed the maximum building height permitted in the specific district (See Section 9, Height Regulations) where the sign is located except in shopping centers or similar retail, commercial, or office centers containing six (6) acres or more, or for gasoline service stations and other highway-related drive-in services when located on or adjacent to major highways. Pylon or major identification signs not to exceed seventy-five (75) feet in height may be erected when such high-rise signs comply with the adopted City of Bruceville-Eddy Building Code for design and construction.
12-107
No advertising sign shall be erected so as to project into the public right-of-way of any street or alley. Any projecting sign shall not extend outward from any building face to the public right-of-way for a distance of more than ten (10) feet or to within one (1) foot of the street curb, whichever is more restrictive. The following public, informational, and safety signs are allowed in the public right-of-way of streets and alleys: public signs on behalf of a governmental body to post legal notices, identify public property, convey public information, direct or regulate pedestrian or vehicular traffic; transit stops; and informational signs of a public utility regarding its poles, lines, pipes, or facilities.
GENERAL REGULATIONS |
12-108
Permit required.
Except as provided in Section 12-116, it shall be unlawful for any person to erect, relocate or structurally alter, within the City of Bruceville-Eddy or its extraterritorial jurisdiction, any sign or other advertising structure as defined in this Ordinance, without first obtaining an erection permit from the City Secretary and making payment of the fee required by Section 12-111. No permit is required for repair, repainting or maintenance, which does not entail structural change, or for change of copy or message. Failure to obtain a required sign permit subjects the property owner/lessee to prosecution under this Ordinance. The provisions of this Ordinance regulating signs are expressly made applicable to and shall extend to all areas, land and territory within the extraterritorial jurisdiction of the City of Bruceville-Eddy.
12-109
Application for erection permit.
Application for an erection permit shall be made upon a form provided by the City Secretary and shall contain and have attached the following information:
1.
Name, address and telephone number of the applicant and name and firm of person erecting sign;
2.
Location of building, structure, address or legal lot and block to which or upon which the sign or other advertising structure is to be attached or erected;
3.
A site plan indicating position of the proposed sign and other existing advertising structures in relation to nearby buildings or structures, north arrow, and scale of drawing, property lines, curb lines, adjacent streets, alleys, curb cuts, setback clearance zone.
4.
Copy of stress diagrams or plans, when needed, containing information necessary for the City Secretary to determine safety and structural integrity of sign.
5.
Indicate whether the sign will require electricity, and if so, obtain an electrical permit as required.
6.
Insurance policy or bond as required by Section 12-113;
7.
Such other information as the City Secretary shall require to show full compliance with this and all other standards of the City of Bruceville-Eddy.
12-110
Permit issuance.
Upon the filing of an application for an erection permit, the City Secretary shall:
1.
Examine the plans and specifications and the premises upon which the proposed structure shall be erected as needed; and
2.
Issue a permit if the proposed structure complies with the requirements of this Ordinance and all other standards of the City of Bruceville-Eddy. If the work authorized under an erection permit is not completed within six (6) months after the date of issuance, the permit shall become null and void.
12-111
Permit fee.
Every applicant, prior to issuance of a permit pursuant to Section 12-110, shall pay the City Secretary a nonrefundable fee in an amount determined by current sign permit rates.
12-112
Variances.
Within thirty (30) days after denial of a sign permit by the City Secretary, a request for a variance may be filed with the Mayor to appear before the City Council. The City Council may grant a variance if it finds that the unusual shape or topography of the property in question or some other significant factor prevents signage allowable under the provisions of this Ordinance from adequately identifying the business or other activity located on such property.
12-113
Bond requirement.
Subject to the need determined by the City Secretary based on the construction materials for the sign type proposed, an applicant for a sign permit shall, before the permit is granted, present to the City Secretary a bond in the minimum amount established by current rates, conditioned on the faithful observance of all laws and ordinances relating to signs and other advertising structures, and which shall indemnify and save harmless the City of Bruceville-Eddy from any and all damages, judgments, costs or expenses which the City may incur or suffer by reason of the granting of the permit.
12-114
Revocation of permit.
The City Secretary may revoke any permit where there has been a violation of the provisions of this Ordinance or a misrepresentation of fact on the permit application.
12-115
Number, date and voltage.
Every permitted sign or other advertising structure shall display in a conspicuous place the date of erection, the permit number and the voltage of any electrical apparatus used.
12-116
Exemptions.
The following signs are exempt from the permit requirements of this Ordinance:
1.
Temporary real estate signs not exceeding sixteen (16) square feet in area which advertise the sale, rental or lease of the premises upon which the sign is located. Such signs shall be removed no later than seven (7) days following sale or rental of the subject property. “Sale” in this instance shall mean occupancy of the unit by a new resident.
2.
Temporary political signs concerning candidates for public office and ballot issues. Such signs shall be erected no earlier than sixty (60) days prior to an election or referendum and removed no later than seven (7) days after the election or referendum.
3.
Temporary signs advertising the date, time and location of a garage or yard sale and not exceeding four (4) square feet in area. Such signs shall be posted no more than three (3) days prior to and removed one (1) day after the sale.
4.
Signs attached to the inside of a window and not exceeding four (4) square feet in area which do not exceed twenty-five (25) percent of the area of the window pane.
5.
Signs which are an integral part of the historic character of a landmark building or historic district.
6.
Public signs regulating vehicular or pedestrian traffic or designating or giving direction to streets, schools, hospitals, historical sites or public facilities.
7.
Flags of any government or governmental agency or any patriotic, religious, charitable, civic, educational or fraternal organization not exceeding forty (40) square feet in area.
8.
Temporary signs in conjunction with special events such as a philanthropic campaign or church, school, circus, carnival or other community activity. Such signs shall not exceed forty (40) square feet in area, shall not be erected more than fourteen (14) days in advance of the event and shall be removed within three (3) days after the termination of the event.
9.
Temporary displays or decorations customarily associated with any national, state, local or religious holiday or celebration. Such signs shall be erected no more than forty-five (45) days before and removed no later than fourteen (14) days after the celebration.
10.
Hand-held signs of a noncommercial nature not set on or affixed to the ground and not exceeding ten (10) square feet in area.
11.
Temporary signs identifying the architect, engineer, developer or contractor when placed upon construction sites and not exceeding sixty-four (64) square feet in area. Such signs shall not be erected prior to issuance of a building permit and shall be removed no later than seven (7) days after completion of the project.
12.
Commercial building occupational signs identifying the name and profession of the occupant(s) and not exceeding two (2) square feet in area.
13.
Memorial or commemorative plaques or tablets denoting a building name and/or date of erection of a location of historic significance and not exceeding four (4) square feet in area.
14.
Property identification signs indicating address and/or name and not exceeding two (2) square feet in area for residential land uses or five (5) square feet in area for nonresidential land uses.
PROHIBITED SIGNS |
12-117
Permitted signs.
No sign or other advertising structure shall be erected or maintained in violation of the permit requirements of Section 12-108 and 12-109.
12-118
Maintenance.
No sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration, including rotting supports, peeling, rust, dirt, fading, discoloration or holes.
12-119
Outdated/abandoned signs.
No sign or other advertising structure shall continue to advertise a business or project which has been out of business in excess of ninety (90) days. A sign which is abandoned such that it has not been used for advertising for one (1) year shall be removed.
12-120
Obstructions to doors, windows or fire escapes.
No sign or other advertising structure shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
12-121
Traffic hazards.
No sign or other advertising structure shall:
1.
Obstruct free and clear vision at any street intersection.
2.
Interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device because of its position, shape or color.
3.
Make use of the words “STOP,” “LOOK,” “DANGER” or any other word, phrase, symbol or character in a manner that interferes with, misleads or confuses traffic.
4.
Present a traffic hazard by using illumination resembling an emergency signal.
12-122
Unsafe signs.
No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair or maintenance and if so, may be declared a public nuisance.
12-123
Illuminated signs.
No sign or other advertising structure shall be illuminated with lights, which glare into or upon the surrounding area or any residential premises or distract operators of vehicles or pedestrians on the public right-of-way.
12-124
Obscene signs.
No sign or other advertising structure shall display any matter in which the dominant theme of the material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.
12-125
Vehicular signs.
No sign or other advertising structure shall be painted on or be attached to a motor vehicle used primarily for the display of such sign, including, but not limited to a billboard truck. This section shall not prohibit the identification of a business or its products or services on its vehicle(s) operated and parked in a manner appropriate to the normal course of business.
12-126
Portable signs.
Portable signs are prohibited. The amortization period for existing portable signs shall be one (1) year from the date of adoption of this Ordinance. Businesses using portable signs at the time this ordinance is adopted shall have ninety (90) days from its adoption to register these signs with the City Secretary.
12-127
Bench signs.
Bench signs are prohibited.
12-128
Nonconforming signs.
A permanent advertising sign not in conformance with these regulations, which was lawfully permitted and erected prior to the enactment of said regulations, shall be considered a nonconforming sign. Nonconforming signs shall be exempted from the provisions of this Ordinance, unless damaged by natural causes or otherwise destroyed or taken down, or removed for any purpose other than maintenance operation which is allowed. Such a sign may not be re-erected, reconstructed, or rebuilt, except in full compliance and conformance with this Ordinance. Any nonconforming sign which is damaged or is deteriorated to a point where its restoration cost exceeds sixty (60%) percent of its replacement value shall be removed, unless otherwise authorized to remain.
12-129
Unlawful signs.
An unlawful sign is not a nonconforming sign and must be removed within thirty (30) days. Any sign erected or maintained which is not in conformance with this Ordinance or prior ordinances of the city, is hereby declared to be a public nuisance and shall be removed or brought into compliance within the thirty (30) day period indicated. If the City Secretary finds that any sign or other advertising structure installed or erected since the adoption of this Ordinance is prohibited by the provisions of this Ordinance, the City Secretary shall give written notice to the permittee or the owner of the property upon which the structure is located. If the permittee or owner fails to remove or alter the structure so as to comply with the standards set forth in this Ordinance within thirty (30) days after such notice, the City Secretary may undertake such removal or alteration as is necessary to bring the structure into compliance and assess the costs to the permittee or owner. The City Secretary may cause any sign or other advertising structure which presents an immediate peril to persons or property to be removed or altered immediately and without notice, and without compensation to the sign owner.
12-130
Categories.
For purposes of this section, signs are regulated in the following categories:
1.
General Standards for On-Premise Signs;
2.
Standards for Off-Premise Signs.
12-131
General standards for on-premise signs,
exclusive of off-premise signs. These standards apply to on-premise signs including:
1. | Freestanding Signs |
2. | Wall Signs |
3. | Roof Signs |
4. | Projecting Signs |
5. | Awnings and Canopies |
1.
Freestanding signs.
(a)
Definition.
Freestanding sign, as regulated by this portion of the ordinance, shall mean any sign supported by uprights or braces placed into or upon the ground and not attached to any building. Standards for off-premise advertising are addressed separately in Section 12-132 below.
(b)
Location.
1.
Height and area limitations.
Freestanding signs shall conform to the area-height-setback relationship indicated in Table 2, except as allowed in 12-106 for extra height in highway-orientated locations, and as allowed in 12-131(1) providing for incentives. Freestanding signs shall not exceed a height greater than thirty-five (35) feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground level is above the street level. Freestanding signs shall not exceed three hundred (300) square feet in area except as allowed in the incentive provisions.
TABLE 2. AREA-HEIGHT-SETBACK RELATIONSHIP FOR ON-PREMISE SIGNS | ||
|---|---|---|
MAXIMUM AREA (square feet) | MAXIMUM HEIGHT | MINIMUM SETBACK |
0 to 50 | 10 feet | 0 feet |
>50 to 100 | 15 feet | 5 feet |
> 100 to 150 | 20 feet | 10 feet |
> 150 to 200 | 25 feet | 15 feet |
> 200 to 250 | 30 feet | 20 feet |
> 250 to 300 | 35 feet | 25 feet |
2.
Setback line.
Freestanding signs shall be set back from the property line of the property on which the sign is erected in relation to its area and height, as indicated in Table 2, except as allowed in the incentive provisions.
3.
Space between sign and other signs and structures.
No freestanding sign shall be nearer than ten (10) feet to any other sign, building or structure.
4.
Number of freestanding signs allowed.
a.
One (1) freestanding sign is allowed per lot or tract, project or separate building. A lot or tract located at a street intersection is allowed one (1) freestanding sign per street frontage.
Multiple Businesses, Services, Tenants. Buildings housing multiple businesses are encouraged to group signage. A 30% increase in sign area is allowed for a group sign, advertising a center with multiple businesses, with no corresponding effect on sign setback and height specified in Table 2. This incentive may be increased to 35% over the sign area allowed in Table 2 when a group sign is combined with landscaping.
b.
The number of freestanding signs allowed may be increased by one of the following credits:
1.
Multiple business, service, tenant:
If more than one (1) business, service or tenant occupies a single building on a lot or tract, a maximum two (2) freestanding signs are allowed. The combination of sign area for the two signs shall not exceed the maximum allowed area in Table 2 in relation to sign height and setback. For example, two (2) 25 sq. ft. signs (maximum 50 sq. ft.) are allowed if two or more tenants are present in one building. The signs may not exceed 10 feet in height, and may be placed on the property line (0' setback).
OR
2.
Property frontage:
If the lot, tract, or parcel exceeds 200' of frontage along the street where the sign is proposed, additional freestanding signs are allowed, in accordance with the following:
Property Frontage | No. Allowed |
|---|---|
0 - 200 feet | 1 |
201 - 400 feet | 2 |
401 - 600 feet | 3 |
601 feet and over | 4 maximum |
OR
3.
Alternate signage plan:
If neither (1) or (2) above satisfactorily meet the applicant’s needs, the City Council will review a variance request for an alternate signage plan which meets the unique advertising needs of the site, business, service or tenant and, at the same time, carries out the intent of this Ordinance to balance on-site advertising needs with community appearance.
2.
Wall signs.
(a)
Definition.
Wall sign, as regulated by this Ordinance, shall mean any sign affixed to, or painted on, the facade of a building such that the wall is the supporting structure for, or forms the background surface of the sign and which does not project more than eighteen (18) inches perpendicular to the wall. A wall sign shall include canopy signs associated with gasoline service stations and shall be limited to gas prices, name, and company identification. A fence sign shall be considered a wall sign.
(b)
Location and area.
1.
A maximum fifty (50%) percent of each tenant’s store front, side or rear oriented to each street may be utilized for a wall sign. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached in excess of four (4) feet. No single wall sign may exceed three hundred (300) feet in area.
2.
Projection above sidewalk and setback line.
No wall sign shall be permitted to extend more than six (6) inches beyond the building line, and shall not be attached to a wall at a height of less than ten (10) feet above the sidewalk or ground.
3.
Roof signs.
(a)
Definition.
“Roof Sign” as regulated by this portion of the Ordinance shall mean any sign erected, constructed and maintained wholly upon or above the roof of any building with the principal support attached to the roof structure.
(b)
Location.
1.
Height and area limitations.
No roof sign shall have a surface or facing exceeding three hundred (300) square feet, nor have its highest point extended more than twenty (20) feet above the roof level.
2.
Prohibited obstructions.
No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage along the roof or interfere with openings in the roof.
4.
Projecting signs.
(a)
Definitions.
1.
“Projecting Sign” as regulated by this portion of the Ordinance shall mean any sign which is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached. A marquee is a projecting sign for this portion of the Ordinance. A projecting sign over public property requires approval of a right-of-way license by the City Council.
2.
“Horizontal Projecting Sign” shall mean any sign which is greater in width than in height.
3.
“Vertical Projecting Sign” shall mean any sign which is greater in height than in width.
(b)
Area/size
1.
Area limitations.
Projecting signs shall be limited in area as follows:
a.
Horizontal projecting signs shall not exceed fifty (50) square feet on each side.
b.
Vertical projecting signs shall not exceed one hundred (100) square feet on each side.
2.
Thickness limitation.
The distance measured between the principal faces of any projecting sign shall not exceed eighteen (18) inches.
(c)
Location; projection over public property.
Every projecting sign shall be placed at least nine (9) feet above the public sidewalk over which it is erected, no more than two (2) feet from the face of the wall to which it is attached, measuring from the point of the sign nearest the wall, and at least one (1) foot from the curb line. Every projecting sign shall be placed at least fifteen (15) feet above the public driveway, alley or thoroughfare over which it is erected.
5.
Awnings and canopies.
(a)
Definitions.
1.
“Awning” as regulated by this portion of the Ordinance shall mean any structure made of cloth or metal with a metal frame attached to a building which may be fixed or can be retracted to a position flat against the building when not in use. An approval of a right-of-way license by the City Council is required for sign projection into the public street right-of-way.
2.
“Canopy” as regulated by this portion of the Ordinance shall mean any structure, other than an awning, made of cloth or metal with metal frames attached to a building which is carried by a frame supported by the ground or sidewalk. An approval of a right-of-way license by the City Council is required for sign projection into the public right-of-way, even if legs of a canopy sign project into sidewalk.
(b)
Location.
1.
Height above sidewalk; awnings.
No portion of an awning shall be less than nine (9) feet above the level of the sidewalk or public thoroughfare over which it is erected.
2.
Height above sidewalk; canopies.
No portion of a canopy shall be less than nine (9) feet above the level of the sidewalk or public thoroughfare over which it is erected.
3.
Setback from curb line.
No awning or canopy shall be permitted to extend beyond a point one (1) foot inside the curb line.
4.
Width.
No limitation on width of awnings. No canopy shall be permitted to exceed eight (8) feet in width.
(c)
Advertising.
The name of the owner and the business, industry or pursuit conducted within the premises may be painted or otherwise permanently placed in a space on the front and side of the awning or canopy.
12-132
Off-premise signs.
1.
Generally.
New off-premise advertising signs are allowed solely in GB, LI, and HI zoning districts on property adjacent to and fronting the Interstate Highway 35 right-of-way, or on other streets in accordance with the incentive provisions in subsection 7 below. Exception: A builder/developer may utilize less than 25% of the area of a housing development sign to advertise additional locations where homes are being built by the same builder/developer.
Off-premise signs must comply with the following area-height-setback requirements:
TABLE 3. AREA-HEIGHT-SETBACK RELATIONSHIP - OFF-PREMISE SIGNS | ||
|---|---|---|
MAXIMUM AREA (+ 10% embellishments) | MAXIMUM HEIGHT (to top of sign) | MINIMUM SETBACK (from property line) |
0 to 74 square feet | 20 feet | 0 feet |
75 to 299 square feet | 35 feet | 10 feet |
300 to 672 square feet | 60 feet | 15 feet |
2.
Spacing.
Each off-premise signs must be at least 1,500 feet from another off-premise sign in the I-35 corridor (distance to next off-premise sign on same side of road) requirements:
For spacing purposes, all measurements are made along the nearest edge of the highway or street right-of-way. No off-premise sign may be erected within 150 feet of residentially zoned property (measured from the nearest edge of the sign to the nearest boundary of the residentially zoned tract) if the sign is visible from the residentially zoned property. Illumination must be constructed and oriented so as to avoid nuisance to nearby residential uses.
3.
Construction.
Steel posts are required. Off-premise signs must be securely built, constructed, and erected in conformance with current building code standards concerning safety and structural integrity. No off-premise sign structure may contain more than two (2) sign panels (separate billboards) facing in the same direction.
4.
Identification.
Each off-premise advertising sign must be permanently identified with the name of sign owner or agency in control of the sign with letters of sufficient size to be easily read from the nearest roadway.
5.
Maintenance, repair or replacement.
A sign owner shall maintain an off-premise sign, whether conforming or nonconforming, in a safe and attractive condition. When the cost of maintaining or repairing an off-premise sign exceeds sixty percent (60%) of the cost of a new sign of similar size and height, the sign shall be removed or repaired in conformance with the size, and construction requirements (but not necessarily the spacing and zoning requirements) of this section for new signs. Expansion or enlargement of a nonconforming sign is not allowed under this subsection.
6.
Permit required.
No new off-premise sign may be erected without a valid permit issued by the City. Permits for off-premise signs will be issued by the City only when all requirements of this Ordinance are met. Permits for new off-premise sign construction are valid for a period of six (6) months from date of issuance (one year from the date of the original adoption of this Ordinance for permits pending at time of adoption). The time period for construction of a sign may be extended for up to one (1) additional year by the City Secretary. In deciding whether to grant an extension under this subsection, the permittee may present, and the City Secretary shall consider, evidence relating to market conditions for new sign construction, availability of local financing for new sign construction, and the permittee’s history of compliance with the requirements of this Ordinance, and other relevant factors.
7.
Incentive provisions.
To encourage the removal of off-premise signs not complying with this Ordinance, an incentive program is available to allow new off-premise signs under certain conditions. Under the incentive program, the owner of a legally placed off-premise sign, whether conforming or nonconforming, will receive credit when he removes the sign. Credits are earned whether the sign is voluntarily removed, or removed as a result of a lost lease. Credits may be transferred to other sign owners.
(a)
The City will issue a permit allowing a sign owner with sufficient credit under the incentive program to erect an off-premise sign on property not fronting I-35 if the property is zoned GB, LI, or HI. Downtown Main Street is not an eligible location under this subsection. Signs erected under the incentive program must meet all other requirements of this section relating to size, height, setback, and distance to residentially zoned property, and must be spaced not less than 1,500 feet from the nearest off-premise sign (same side of street & measured at the edge of the right-of-way). To receive a permit for a sign under the incentive program, a sign owner must remove 1-1/4 off-premise signs for each new sign permitted. For the purpose of this section, each panel of a multi-faced off-premise sign counts as a separate sign for removal credit. A sign owner can accumulate credits or fractions thereof.
(b)
To validate a credit under the incentive program, a sign owner must notify the City within sixty (60) days of the removal of an off-premise sign, and receive a letter issued by the City awarding a credit. Failure of a sign owner to apply for a credit within sixty (60) days of removal of a sign bars the sign owner from receiving credit for that sign. Credits must be used within eight (8) years of the date of accrual. No credits are earned for the removal of an off-premise sign that was in violation of Federal, State, or City laws when erected.
(c)
All elements of the incentive provision must be complied with including size, spacing, height, setback, and distance to residentially zoned property requirements.
(d)
Off-premise signs permitted under this incentive provision must comply with the following area-height-setback requirements:
TABLE 4. AREA-HEIGHT-SETBACK RELATIONSHIP - OFF-PREMISE SIGNS - INCENTIVE | ||
|---|---|---|
MAXIMUM AREA (+ 10% embellishments) | MAXIMUM HEIGHT (to top of sign) | MINIMUM SETBACK (from property line) |
0 to 74 square feet | 20 feet | 0 feet |
75 to 299 square feet | 35 feet | 10 feet |
300 to 378 square feet | 42-1/2 feet | 15 feet |
12-133
Protection of first amendment rights.
Any sign allowed under this Ordinance may contain, in lieu of any other copy, any lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this Ordinance.
12-134
Variances.
A sign owner may request a variance from the City Council from the provisions of this Ordinance relating to sign spacing, area, height, and setback.
Residentially zoned property shall include property zoned for Single-Family (SF-1, SF-2 & SF-3), Manufactured Home, and Multiple-Family (MF-1, MF-2) zoning districts.
(Ordinance 2003-01, sec. 12, adopted 3/4/03; Ordinance 2003-9-4, sec. 12, adopted 9/4/03; Ordinance 6-22-2023-3 adopted 6/22/2023)
