A.

Purpose. The purpose of this chapter is to provide for comprehensive and enforceable sign regulations that will protect the community aesthetics from the unrestricted use of signs; to allow signs appropriate to the character of each zoning district; to promote traffic safety; to aid police and fire protection; and, for the general health, welfare, and safety of the community.

B.

Scope. The provisions of this chapter shall apply to the issuance of permits, fees, construction, erection, alteration, use, location, removal, and maintenance of signs. Signs shall be displayed, constructed, erected, altered, used, or maintained only in conformance with the provisions of this title.

(Ord. 5-91 (part), 1991)

Except as otherwise provided, the following shall apply to signs in all zoning districts within the city.

A.

Permitted and Exempt Signs. The following signs are permitted and shall comply with all applicable provisions of this title except that a sign permit or permit fee is not required:

1.

Flags, pennants, or insignia of governmental, fraternal, religious, and civic organizations, or any educational institution;

2.

Window displays incorporating placards, pennants, merchandise, pictures, or models of products or services, window signs are allowed in commercial or industrial zoning districts only;

3.

Temporary decorations or displays, clearly incidental and customarily associated with national, state, or local holiday celebrations;

4.

Traffic and other regulatory signs of any public or governmental agency, which may include, but are not limited to: barricades, detours, directions, and traffic;

5.

Private on-site traffic directional signs, which do not exceed four square feet per face or ten feet in height, and which do not carry any commercial message other than identification;

6.

Signs identifying the name and address of the owner or resident in residential districts;

7.

Temporary, nonilluminated real estate signs are permitted. One real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies, does not exceed six square feet in area in residential districts, and is removed within three days after the sale, rental or lease has been accomplished;

8.

Signs not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public thoroughfare or right-of-way;

9.

Information signs commonly associated with the permitted use on the lot or premise on which the sign is located. Such signs shall not exceed four square feet per face. Examples include such signs as no smoking, restroom, self-service, and vacancy;

10.

Signs on motor vehicles or equipment operated in the normal course of a business, provided that the signs are painted upon or applied directly to an integral part of the vehicle or equipment, that the vehicle or equipment is in safe operating condition, and currently registered and licensed under the laws of the state to operate on public streets;

11.

Temporary signs shall only be permitted after issuance of a permit by the community development department as outlined in Section 17.96.090. Temporary signs are allowed only in the commercial or industrial zoning districts. Temporary banners are permitted only if attached to the front of a building, or in the case of a corner lot, the front and one side of a building, and if flush with the wall of the structure, or if affixed to a permanently installed sign mounting structure. The area of the temporary signs or banners attached to the wall of a building or a permanently installed sign mounting structure shall be counted and considered a part of the maximum total signage allowed. Provided, however, two temporary freestanding signs constructed of a rigid material, with a sign face area of not more than twelve square feet per side, shall be permitted.

Under no circumstances shall delineator or "T" poles or posts be allowed or used as the support for temporary freestanding signs.

One of the temporary freestanding signs must be moved on a daily basis. Temporary signs or banners that are in violation, partially detached or in disrepair must be removed or repaired upon notice, as per Section 17.96.100 of this code. City parks and city athletic fields are exempted from the temporary sign regulations set forth in this section. Temporary signs for garage or yard sales are allowed in residential zoning districts, provided they are removed immediately upon completion of the sale, or within seventy-two hours, whichever is less. A permit is not required for garage or yard sale signs;

12.

Temporary signs advertising special events or fundraisers for nonprofit organizations shall be permitted in the park historic zoning district, provided they are removed upon the completion of the event or within seventy-two hours, whichever is less. Permanent athletic sponsorship signs shall be permitted at public athletic facilities.

B.

Prohibited Signs. The following signs shall not be erected or installed within the city:

1.

Signs or sign structures that are structurally unsafe, as determined by the city engineer, or that constitute a hazard to safety or health, by reason of inadequate maintenance or dilapidation, or that are not kept in good repair, or that are a hazard to public safety or that are capable of causing electrical shock to persons likely to come into contact with them;

2.

Any sign that is installed or erected in or projects into or over any public right-of-way, except in the case of a projecting wall and free-standing sign for which a permit and license have been issued under this title;

3.

Any sign that: (a) obstructs the view of, may be confused with, or purports to be an official traffic sign, signal, or device; (b) uses any words, phrases, symbols, or characters implying the existence of danger or the need for stopping or maneuvering a motor vehicle; (c) creates an unsafe distraction for motor vehicle operators; (d) obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley, or other thoroughfare;

4.

Any sign that obstructs the ingress or egress of a required door, window, fire escape, or other required exit;

5.

Any sign that advertises an inactive business, product, or service that is no longer produced or conducted upon the premises where the sign is located, provided that the premises have been vacated by the tenant that the sign served for at least one hundred eighty calendar days. The sign faces shall be blanked out or the sign and sign structure shall be removed in its entirety at the expense of the responsible owner.

C.

Illumination. Illuminated signs are permitted, provided they conform with the following requirements:

1.

Any light used for the illumination of a sign shall be shielded so that the beams or rays of light will not shine directly onto adjoining residential areas;

2.

Direct or reflected light from any light source shall not create a traffic hazard to operators of motor vehicles on public streets and highways;

3.

Signs may be indirectly, directly, or internally illuminated.

D.

Signs at Intersections. A sign or sign structure shall not be erected on a corner lot between a height of thirty-three inches and ten feet above the street elevation, other than a pole twelve inches or less in diameter within a right triangle formed by the intersection of the centerline of the right-of-way of intersecting streets drawn from the point of intersection back a distance of seventy-five feet to a point, then connect said points to form the hypotenuse of a right triangle. See Figure 17.12.070.

E.

Measurement of Sign Area. The following rules apply to the measurement of sign area in all districts:

1.

The surface area of all freestanding, projecting, wall, and roof signs shall be counted and considered a part of the maximum total sign area allowed. The area of double-faced signs shall be calculated on the basis of one face only;

2.

The area of all signs shall be measured by determining the sum of the area of each square, rectangle, triangle, portion of a circle, or any combination thereof, which creates the smallest single continuous perimeter enclosing the extreme lights of the display surface of the sign or the extreme limits of each word, written representation (including any series of letters), logo, or figure, or similar character.

(Ord. 3-03 §§ 2, 4, 2003; Ord. 15-00 § 3, 2000: Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991) 17.96.020

A.

Except as otherwise provided, signs are permitted in all zoning districts as accessory uses, in accordance with the provisions contained in this title. The type of signs permitted, the number, placement, area, and use of signs in the various zoning districts of the city are contained in the schedule of requirements following this chapter.

B.

Additional Allowances for Commercial and Industrial Zoning Districts.

1.

Changeable Copy Sign (Automatic). Signs on which the copy changes automatically through mechanical means, and electronic message center signs (EMC). Electronic message center signs (EMCs) shall comply with the following:

a.

EMC shall not utilize or project sound.

b.

EMC shall not utilize or consist of flashing elements or messages, which would meet the definition of a "flashing sign" found in Section 17.08.010.

c.

EMC shall not display full motion video.

d.

EMC signs displaying animation "animated signs," are permitted.

e.

EMC signs displaying scrolling messages are permitted.

f.

EMC shall be equipped with a sensor or other device that automatically determines the ambient illumination, and shall be programmed to automatically adjust to ambient light conditions. The illuminance of an EMC shall not increase the ambient lighting conditions by more than three-tenths footcandles when measured perpendicular to the EMC face at a distance determined by the following formula:

Measurement distance (in feet) = √ (EMC sign face area (in square feet) × 100).

g.

In no case shall an electronic message center sign (EMC) increase the ambient lighting level by more than three-tenths footcandles, as measured at the property line of an adjacent residential-use property. An adjacent property does not have to abut the property on which the sign is located.

2.

Canopy Signs.

a.

No canopy sign shall project above the top of the canopy upon which it is mounted,

b.

No canopy sign shall project from the face of a canopy,

c.

Canopy signs which are parallel to the face of the building shall be a minimum of eight feet above grade and shall be deemed to be flush wall signs;

3.

Awning Signs.

a.

No awning sign shall project above the top of the awning upon which it is mounted,

b.

No awning sign shall project from the face of an awning,

c.

Awnings on which awning signs are mounted shall be at least eight feet above any public right-of-way;

4.

Marquees.

a.

Signs may be placed in, attached to, or constructed in a marquee. Such signs shall, for the purpose of determining projection, clearance, height, and material, be considered a part of, and shall meet the requirements for, a marquee as specified in Chapter 45 of the Uniform Building Code.

C.

Additional Allowances for Residential Zoning Districts and Uses.

1.

Identification signs are allowed during the development and sale of a subdivision, provided that the use and placement of the signs meet the following requirements:

a.

The maximum size for identification signs is three hundred square feet in area, per face,

b.

All such signs shall be located within the subdivision and must be located along streets adjacent to the subdivision;

2.

One identification sign for each school or church is allowed, not to exceed one hundred square feet in area, per face. Signs may be indirectly or internally illuminated;

3.

One identification sign per entrance to a subdivision or housing project is allowed, not to exceed fifty square feet per face. Signs may be indirectly or internally illuminated;

4.

One identification sign per child care center, bed and breakfast, or approved home occupation is allowed, not to exceed one square foot in area, unlighted, and flush mounted.

D.

Additional Standards for Freestanding Signs.

1.

Electrical service shall be underground, where provided, to new freestanding signs, or in existing developments where remodeling exceeds fifty percent of existing finished floor area of the building;

2.

Freestanding sign may project over a public right-of-way up to six feet, or two-thirds of the distance to the curb line, whichever is less, providing the bottom of the sign is at least ten feet from the existing grade, and a permit has been issued under the provisions of this title.

E.

Additional Standards for Projecting Signs. Signs may not project over a public right-of-way line in any zoning district, except that signs eight feet or more above grade may project from the face of a building up to six feet, or two-thirds of the distance to the curb line, whichever is less, provided that a permit has been obtained under the provisions of this title. Flush wall signs at least eight feet above grade may extend up to twenty-four inches beyond the building fascia, providing a permit has been issued.

A permit for a projecting or wall sign shall constitute a license giving the licensee the right to occupy the air space above the public right-of-way. The city shall have the right to terminate all such licenses according to the terms and conditions set for the license.

F.

Portable On-premises Signs.

1.

Portable signs are permitted in commercial and industrial zoning districts, provided they conform to the following requirements:

a.

A permit shall be obtained from the city before a portable sign is placed on any lot or premises,

b.

Portable signs shall be counted against the total sign allowance for the lot or premise where the sign is located,

c.

Portable signs shall not be over eight feet in height and forty square feet in area,

d.

Portable signs shall not be spaced closer than sixty feet apart,

e.

Lamps used in flashing and chasing shall not exceed sixty watts each,

f.

Portable signs shall comply with the city electrical code, Uniform Building Code, and adopted zoning codes of the city,

g.

All portable signs are to be located on private property. Any portable sign located within a public right-of-way is subject to removal by the city. After the owner has been notified of such by registered mail that if the sign is not removed within fifteen days, the sign will be removed at the sign owner's expense.

(Ord. 5-91 (part), 1991)

(Ord. No. 29-14, § 3, 12-2-2014)

A.

General. Signs for all shopping/office complexes shall comply with a master sign plan for the development, approved by the commission, pursuant to this section. The plan shall include all proposed sign locations, materials, structures and installation details to the extent known at the time of master sign plan submittal. Additional submittals or amendments to the master sign plan may be necessary as a new complex becomes occupied or as businesses within a complex change. Existing complexes shall submit a master sign plan prior to making any changes in signs found in the complex.

B.

Business Signs. Each enterprise, institution or business with a shopping/office complex shall be permitted one facade or projecting sign subject to the maximum size requirements set forth for the applicable zone not to exceed four square feet for each lineal front foot.

C.

Freestanding Signs. Each shopping/office complex shall be permitted one freestanding shopping/office complex sign per public street frontage. The maximum permitted sign area for each sign shall be as provided within the applicable zoning district, plus a bonus of ten additional square feet per business, enterprise or institution within the complex, provided that such bonus shall not exceed fifty percent of the base allowable sign area.

D.

Performance Criteria. In addition to other applicable requirements set for in this chapter, signs for shopping/office complexes shall conform to the following performance criteria.

1.

Individual business signs shall share a similar and uniform location and installation format;

2.

All nonbusiness signage in the complex shall be consistent in format, color and design.

(Ord. 15-93 (part), 1993)

A.

Purpose and Scope. It is the purpose of this section to establish reasonable regulations to reduce visual clutter, protect the view of the skyline, reduce distractions for motorists, and reduce conflicts with traffic control signs and devices from signs that do not identify the principal goods of services offered on the lot or parcel upon which the sign is located. Except as otherwise provided, this section shall govern and control all aspects relating to, and including, the erection, remodeling, enlarging, moving, operation, and maintenance of all outdoor general advertising devices (hereafter called off-premises signs).

B.

Permits. Off-premises signs shall not be erected or structurally altered, beyond the removal and replacement of the sign face, unless a permit for that purpose has been obtained from the city. Signs that do not comply with this code, and are thereby nonconforming, may be replaced only if a new sign or structure is erected within fifty feet of the original sign's location, within three hundred sixty-five days of the date of removal of the original sign. In such case, the new sign shall be considered a legal nonconforming use.

C.

Zoning Districts. Permitted off-premises signs may be erected or located in highway business (C-4), limited industrial (M-1) and general industrial (M-2) zoning districts. Permitted off-premises signs may be erected or located within general business (C-2) districts with approval of the planning and zoning commission as a conditional use. In addition to the conditional use findings set forth in Section 17.12.240(G) and pursuant to the review criteria stated in Section 17.12.240(H) of this code, the planning and zoning commission may consider lighting, impacts on neighboring properties and the relationship of the proposed sign to existing on-premises signs in making their determination on the request.

D.

Freestanding, wall, roof, portable, and bench signs will be permitted.

E.

Permitted Number of Signs. Only one off-premises sign structure shall be permitted on a single lot; however, two sign faces may be placed in one location on one structure. Upon the removal of one or more sign faces, not more than two sign faces may be replaced on, or may remain on the sign structure.

F.

Maximum Area and Size. The sign face area of any off-premises sign shall not exceed two hundred fifty square feet when located adjacent to an arterial or collector street as defined in the Casper Area Urban Roadway Functional Classification Map as adopted by the Wyoming Department of Transportation, or five hundred square feet when located adjacent to Interstate 25.

G.

Maximum Height. Unless otherwise provided, no off-premises sign shall exceed fifty feet in height above the edge of the pavement of the adjoining street.

H.

Sign Back to be Finished. The back side of an off-premises sign shall be finished or painted, if the back side is visible to public view from a street or from any adjacent residential or commercially zoned lot.

I.

Spacing Requirements.

1.

Arterial Street and Collector Streets. Off-premises signs erected along arterial streets, and collector streets as identified in Casper Area Urban Roadway Functional Classification Map as adopted by the Wyoming Department of Transportation, shall conform to the following spacing requirements:

a.

Spacing between sign structures or permitted sign locations shall be a minimum of five hundred feet apart, when the signs are intended to serve Interstate 25 motorists. Signs erected or locations permitted along all other arterial or collector streets shall be a minimum of three hundred feet apart.

b.

The minimum distance between signs or permitted sites shall be measured along a straight line from an existing or proposed sign structure to another location or structure.

J.

Bench Signs.

1.

Bench signs are not permitted within the right-of-way of any public street or highway;

2.

Bench signs may be permitted under the same conditions as an on-premises sign;

3.

Bench signs shall not be spaced any closer together than one hundred feet, except for benches located at intersections where no more than two benches are allowed per quadrant of the intersection;

4.

Bench signs shall not exceed forty-one inches in height or sixteen square feet in area;

5.

These spacing and location requirements do not apply to bench signs located on private property more than twenty-five feet from a public right-of-way line;

6.

Spacing requirements for bench signs shall be considered independently of spacing requirements for other off-premises signs.

K.

Other Requirements.

1.

Off-premises signs shall not be located within three hundred feet of any historic district or any site on the National Register of Historic Places, public park, public school, church or cemetery.

2.

An outdoor advertising structure sign face may be left blank for a period of not more that one hundred eighty days for the purpose of rotation of sign messages. Sign structures that are removed for a period of more than three hundred sixty-five days shall comply with the zoning district, size, spacing and height requirements stated herein at the time that they are replaced.

3.

An outdoor advertising structure may not be erected in or within one hundred feet of the boundary of a residential zoned district, as measured in a straight line from the outdoor advertising structure to the district boundary.

L.

Digital Off-Premises Advertising Sign.

1.

Digital off-premises advertising signs shall adhere to the location, zoning, spacing, height, size and permitting requirements, as stated for all off-premises signs.

2.

The message, messages, or copy displayed on a digital off-premises advertising sign:

a.

Shall not utilize or consist of flashing elements or messages, which meet the definition of a "flashing sign" found in Section 17.08.010;

b.

Shall display only static messages or images, and shall not display animation or full motion video.

c.

Shall have a dwell time of a minimum of eight seconds per static image;

d.

Shall not increase the ambient lighting level by more than three-tenths footcandles when measured by a footcandle (LUX) meter, perpendicular to the face of the sign, at a distance of:

i.

One hundred fifty feet for a digital billboard with a surface area of not more than two hundred forty two square feet;

ii.

Two hundred feet for a digital billboard with a surface area greater than two hundred forty two square feet but not more than three hundred seventy eight square feet; and,

iii.

Two hundred fifty feet for a digital billboard with a surface area greater than three hundred seventy eight square feet.

3.

In no case shall a digital off-premises advertising sign increase the ambient lighting level by more than three-tenths footcandles, as measured at the property line of an adjacent residential-use property. An adjacent property does not have to abut the property on which the sign is located.

4.

All digital off-premises advertising signs shall have a light sensing device to adjust the brightness of the sign as ambient light conditions change, in conformance with the requirements of this section.

5.

Transitions between messages shall be completed in two seconds or less by employing an immediate, dissolve, or fade method.

6.

The use of sound is prohibited.

7.

Digital off-premises advertising signs shall have an automatic shutdown mechanism which turns off the sign in the event of a malfunction.

(Ord. 22-01 §§ 1—10, 2001; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

(Ord. No. 6-11, § 1, 2-15-2011; Ord. No. 29-14, § 4, 12-2-2014)

No person shall paste, glue, tack or otherwise post any sign, placard, advertisement, or inscription whatsoever, nor shall any person erect or cause to be erected any sign whatsoever on city-owned or leased property, street rights-of-way, alleys, public drainageways, or dedicated public easements without first obtaining a license from the city council and paying the prescribed and provided fee. Each sign will require a separate license.

A.

The application for a license to place, erect, or install a sign on city-owned property, including, but not limited to, benches, kiosks, tables, fences, walls, buildings, street rights-of-way, alleys, public drainageways, lands leased by the city, or other dedicated public easements, shall be on forms prepared by the city, and must be submitted to the office of the city manager or his designee at least thirty calendar days prior to the council meeting in which action is to be considered. Said application must include, at a minimum, the following information:

1.

Name, address, and telephone number of the applicant;

2.

Location of proposed sign;

3.

Type and description of the sign supported by a drawing of the proposed sign, and a site plan relating the sign to the area in which it will be located;

4.

A statement of purpose upon which the request is being made.

Any application not complying with the requirements of this section shall be rejected.

B.

Upon receipt of an application for a license to place, erect or install a sign on city-owned property, including, but not limited to, benches, kiosks, tables, fences, walls, buildings, street rights-of-way, alleys, public drainageways, leased lands, or other dedicated public easements, the city manager or his designee shall review the application as to the proposed sign's effect on safety, the comprehensive plan as adopted by the planning and zoning commission and city council, aesthetics, other city ordinances, state and federal regulations, and prepare a written recommendation to the city council.

C.

A license issued pursuant to this section shall be valid for a period of one year from the date of issuance unless otherwise specified in the license. A license is nontransferable.

D.

The council, after reviewing the application, shall have the authority to issue a license to the applicant under such terms and conditions as determined by the council.

E.

The city council may revoke a license upon failure of the licensee to comply with any of the requirements set forth in the license.

F.

The license fee as established by the council, by resolution, shall be paid by the applicant at the time the application is filed with the city manager or his designee. All application fees are nonrefundable.

(Ord. 15-00 § 1(part), 2000; Ord. 15-93 (part), 1993; Ord. 15-91 § 1, 1991)

A.

Political signs shall not exceed thirty-two square feet in size.

B.

Political signs may not be placed in the public right-of-way of any street, road or highway, without the permission of the adjoining property owner. The sign shall not extend over the curb, gutter or roadway of any city or state street, road or highway.

C.

Political signs shall not be placed in any city or state street, road or highway median which physically separates opposing lanes of traffic.

D.

All political signs for an election candidate or an election issue shall be removed within three days after a general election. Signs for candidates who do not go forward to the general election shall be removed within three days after the primary election.

E.

Pursuant to Section 17.96.020(D), political signs shall not be placed within the clear sight triangle on a corner lot unless the top of said sign is less than thirty-three inches above the grade of the street, or the bottom of the sign is more than ten feet above the grade of the street. The clear sight triangle is defined as a right triangle formed by the intersection of the centerline of the right-of-way of intersecting streets drawn from the point of intersection back, a distance of seventy-five feet to a point, then connect said points to the hypotenuse of a right triangle.

F.

Political signs for an election candidate or an election issue shall be exempt from the requirements of Sections 17.96.020(B)(2) and 17.96.060 which pertain to the requirement that a license shall be obtained for any sign placed within a street, road or highway right-of-way. A license shall be required for the placement of a political sign on any other city-owned or leased property.

(Amended during Supplement #15; Ord. 15-00 § 2, 2000)

A.

Design. Sign design shall comply with the 1991 Edition of the Uniform Sign Code.

B.

Projection and Clearance.

1.

Signs shall conform to the clearance and projection requirements of this section;

2.

Signs shall be located not less than six feet horizontally or twelve feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except conductors which are enclosed in iron pipe or other material covering of equal strength;

3.

No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe;

4.

No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by this code.

Signs erected within five feet of an exterior wall, in which there are openings within the area of the sign, shall be constructed of noncombustible material or approved plastics.

(Ord. 15-00 § 1(part), 2000; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

A.

Permits Required. A building sign shall not hereafter be erected, re-erected, constructed, altered, or maintained, except as provided by this chapter, and after a building permit for the same has been issued by the building official. A separate permit is required for a sign or signs for each business entity, and for each group of signs on a single supporting structure. Electric signs shall be installed in accordance with the current city electrical code.

B.

Application for Permit. Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location, by street address number, of the proposed sign structure, and the name and address of the owner and the sign contractor or erector. The sign shall be drawn to scale acceptable to the planning director. The building official may require the filing of plans or other pertinent information where such information is deemed necessary to ensure compliance with this chapter. Pre-engineered signs shall not require certification of a Wyoming registered professional engineer, providing the drawings are certified by a registered engineer.

C.

Exemptions. These exemptions shall not be construed as relieving the owner of the sign from any responsibility relating to its erection and maintenance, and its compliance with the provisions of this chapter or any other law or ordinance regulating the same.

1.

The changing of the advertising copy or message on a painted or printed sign does not require a sign permit. Signs specifically designed for the use of replaceable copy are included in this exception.

2.

Painting, repainting, or cleaning of an advertising sign or structure, or changing of the advertising copy or message thereon, shall not be considered an erection or alteration which requires a sign permit, unless a structural change is made.

D.

Fees. A sign permit fee shall be determined by city council, by resolution.

E.

Maintenance. All signs and sign support structures, including all supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted.

F.

Inspections. All signs for which a permit is required shall be subject to inspection by the building official.

Footing inspections shall be required by the building official, as set forth in Chapter 23 of the Uniform Building Code.

All signs containing electrical wiring shall be subject to the provision of the city electrical code, and the electrical components used shall bear the label of an approved testing agency.

The building official may order the removal of any sign that is not maintained in accordance with these provisions. The building official shall give the proposed violator written notice by certified mail that said sign is in violation of Section 17.96.090(C) of this code. At that time, said sign will be brought to code standards within thirty calendar days from receipt of notice or said sign may be removed by the city at the owner's expense.

(Ord. 15-00 § 1(part), 2000; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

A.

Nonconforming Signs. A legal nonconforming sign may be continued if it is maintained in good condition. A legal nonconforming sign shall not be:

1.

Changed to another nonconforming sign;

2.

Structurally altered in order to prolong the life of the sign, except to meet safety requirements;

3.

Altered so as to increase the degree of nonconformity;

4.

Expanded;

5.

Re-established after being discontinued for one hundred eighty calendar days;

6.

Re-established after damage or destruction, if the cost of reconstruction exceeds fifty percent of the estimated replacement cost.

B.

Loss of Legal Nonconforming Status or Sign Structure. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:

1.

The sign is altered structurally, except to bring it into conformity with this title;

2.

The sign is relocated;

3.

The sign structure or any of the structural elements are replaced;

4.

Upon loss of legal nonconforming status, the sign shall be immediately brought into compliance with this title, including, but not limited to, securing a new sign permit, and payment of required fees, or the sign shall be removed.

C.

Maintenance and Repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign from the provisions of this title regarding safety, maintenance, and repair of signs. However, any repainting, cleaning, and other normal maintenance and repair of the sign or sign structures shall not modify the sign in any way which makes it more nonconforming or the sign shall lose its legal nonconforming status.

D.

Discontinuance of Prohibited Signs. Any sign erected after the adoption of this title prohibited by Section 17.96.020(B) shall be removed or brought into conformity within one hundred eighty calendar days of adoption of the ordinance codified in this title, or within one hundred eighty calendar days of annexation, and shall be subject to the penalty provided in Section 17.108.010(C) of this title.

E.

Exception Procedure.

1.

The commission, established by Section 17.12.190 of this title, shall be the authority as provided in Section 17.12.220, to grant an exception from the strict application of this chapter, where such strict application will result in practical difficulties or unnecessary hardship to the person owning or having the beneficial use of the property or sign for which an exception is sought;

2.

Exceptions to the terms of this title may be granted as provided in Section 17.12.230.

The city manager or his designee is authorized and empowered to serve notice upon the occupant or the owner, or his agent, to remove or repair any temporary sign that is in violation of Section 17.96.020(A)(11). If the temporary sign is not removed or repaired within three days after service of notice, the city manager or his designee may issue a citation for each day thereafter that the violation exists.

(Ord. 3-03 § 3, 2003; Ord. 22-01 § 11, 2001; Ord. 15-00 § 1(part), 2000; Ord. 15-93 (part), 1993; Ord. 5-91 (part), 1991)

It is declared to be the intention of the governing body that if any section, subsection, sentence, clause, phrase or portion of this chapter is declared unconstitutional or otherwise invalid by any court of competent jurisdiction, that said unconstitutionality or invalidity shall not affect the remaining sections or provisions of this chapter.

(Ord. 22-01 § 12, 2001)

SCHEDULE OF REQUIREMENTS
ON PREMISES SIGNS

(Amended by Ord. 26-99 § 1 (part), 1999 and Ord. 24-01 § 3, 2001)