(a)

These regulations are designed to promote the health, safety, morals and general welfare of the community by establishing standards for the construction, maintenance and usage of signs within the corporate limits of the city.

(b)

The provisions of this article are specifically designed in order to lessen the distraction hazard signs can create for motorists; reduce potential fire hazards; encourage proper construction of signs; reduce possible injury to person or property; and preserve property values and aesthetic integrity of property in the city.

(Code 2012, § 16-12-1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advertising flags means flags containing text whose primary purpose is to advertise some event or function of a business located on the premises.

Area of sign, or display surface area means the area of the largest single face of the sign within a perimeter which forms the outside shape including any frame, forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.

Awning means an architectural projection extending from and supported by a building wall that may extend over a public sidewalk and provides weather protection, identity, or decoration.

Changeable copy sign means a sign on which a copy is changed manually with changeable letters or changeable pictorial panels.

Electronic graphic display sign means a sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately or by means of fade, repixalization or dissolve modes. The term "electronic graphic display sign" includes computer programmable, microprocessor controlled electronic or digital displays. The term "electronic graphic display sign" also includes projected images or messages with these characteristics onto buildings or other objects.

Erect means to build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.

Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

Future location sign means a sign identifying the future occupancy of an appropriately zoned tract of land.

Ground sign means a free-standing accessory sign of limited height that is secured to a fixed base, usually at ground level or a slight elevation above ground rather than being pole mounted.

Illuminated sign means any sign which has characters, letters, figures, designs or the outline illuminated by electric lights or luminous tubes as a part of the sign proper.

Incombustible material means any material, which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or flow at the temperature.

Ingress/egress sign means a sign for directional purposes located at points of entering and existing from alleys or driveways.

Nonilluminated sign means any sign which has characters, letters, figures, designs or the outline that is not illuminated by electric lights or luminous tubes as a part of the sign proper.

Off-premises sign means any sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold, or offered elsewhere than on the same lot or within the same building upon which such sign is located.

Other advertising structure means any marquee, canopy, awning, or street clock as further defined herein.

Pole sign means an accessory sign that is attached to or part of a completely self-supporting structure. The supporting structure is not attached to any building or any other structure and is anchored firmly to or below the ground surface.

Portable sign means a transportable sign designed for temporary or permanent use in compliance with the structural and electrical code of the city.

Primary highway means any highway at any time officially designated a part of the federal-aid primary system by the state department of transportation and approved by the appropriate authority of the federal government.

Project sign means a sign located upon the property under development for purposes of identifying construction site or future occupant.

Real estate sign means a sign indicating the availability for sale, rent or lease of the lot or parcel of land, building, or portion of a building upon which the sign is erected or displayed.

Rear entrance sign means a wall-mounted sign identifying entrances or parking located in the rear of the subject occupancy.

Roof sign means a sign painted on the roof of a building; supported by poles, uprights or braces extending from the roof of a building; or projecting above the roof line of a building, but not including a sign projecting from or attached to a wall as permitted by this Code.

Setback line means the line or lines described as coincidental to the property line.

Sight triangle means an area that is clear of all structures or other sight impediments formed by measuring back equal distances along two intersecting lines of street right-of-way, curb lines, or driveway lines then connecting the points to form a triangle adequate to provide safe ingress and egress for vehicular traffic, as determined by the city.

Sign means any structure or part thereof or any device, permanently or temporarily attached to, painted on, supported by, or represented on a building, fence, post or other structure that is used or intended to be used to attract attention.

Sign contractor means any person engaged in the business of manufacturing, installing, erecting, repairing, altering, servicing, or removing signs.

Special event means one sign which carries a message regarding a special event or function that is of general interest to the community.

Special event directory sign means a sign which directs the public to a special event, located at a place other than where the sign is located.

Wall sign means an attached accessory sign painted on or attached to the wall or surface of a building or display surface that is parallel to the supporting surface.

Window sign means any accessory sign painted on the surface of, located on the interior of, or flashing through a display window.

(Code 2012, § 16-12-5; Ord. No. 2008-19, 10-6-2008)

(a)

No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape.

(b)

No sign of any kind shall be attached to a standpipe or fire escape.

(c)

No sign or other advertising structure as regulated by this article shall be erected at the intersection of any streets or at any location in such a manner as to obstruct free and clear vision.

(d)

No sign or advertising structure shall be erected at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words, "STOP," "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character tending to interfere with, mislead or confuse traffic.

(e)

No sign, including the message area and supports, shall be permitted to extend beyond the setback line as defined herein; unless a revocable permit has been issued by the city council.

(f)

No sign shall be placed or maintained within the sight triangle, except where the bottom of the sign is not less than ten feet in height above the ground line, and the supports, including ornamental work, shall not exceed one foot in diameter.

(Code 2012, § 16-12-6; Ord. No. 1806, 8-28-1986)

All illuminated signs shall be subject to the provisions of the city's electrical code.

(Code 2012, § 16-12-7; Ord. No. 1806, 8-28-1986)

Gooseneck lights shall be permitted on ground signs, roof signs and wall signs; provided the lights shall be used in such a manner as to concentrate the illumination on the face of the sign and prevent glare upon the street or adjacent property.

(Code 2012, § 16-12-8; Ord. No. 1806, 8-28-1986)

The following special signs are permitted subject to provisions found elsewhere in this article:

(1)

Special event. One sign providing that sign does not exceed 32 square feet per sign face, does not exceed seven feet in height or be erected for a period longer than 30 days.

(2)

Special event directory sign. Provided that such sign not exceed nine square feet per sign face, four feet in height, or be erected for a period longer than 30 days.

(3)

Rear entrance signs. Providing that such sign be wall-mounted and not to exceed an aggregate display surface area equal to two square feet per linear foot of street frontage.

(4)

Ingress/egress signs. Limited to one sign at each point of ingress and egress, not exceeding four square feet per sign face.

(5)

Window signs. Provided that such sign not exceed an area equaling 20 percent of the window or glass area such sign is painted on or displayed in.

(6)

Project sign. One sign not exceeding 32 square feet per sign face, located on the premises being developed, which shall be removed within 15 days of the issuance of the occupancy permit for the subject property.

(7)

Future location signs. One sign not exceeding 32 square feet per sign face and seven feet in height.

(8)

Changeable copy sign. One sign not to exceed 100 square feet per sign face.

(Code 2012, § 16-12-9; Ord. No. 1806, 8-28-1986)

(a)

A "temporary sign" includes any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only. Such signs are permitted in the C-1, C-2, C-3, I-1 and I-2 zoning districts, provided that:

(1)

No temporary sign of combustible material shall exceed four feet in one of its dimensions or 100 square feet in area; such signs in excess of 60 square feet shall be made of rigid materials, that is, of wall board or other light materials with frames;

(2)

Every temporary sign weighing in excess of 50 pounds must be approved by the building inspector as conforming to the safety requirements of the building code of the city;

(3)

Temporary signs of flashing or intermittently lighted types shall be prohibited;

(4)

No temporary sign shall extend over or into any street, alley, sidewalk, or other public thoroughfare. Temporary wall signs shall not extend a distance greater than four inches from the wall upon which it is erected, and such sign shall not be placed or projected over any wall opening;

(5)

Every temporary wall sign shall be attached to the wall with wire or steel cables and no strings, ropes or wood slats for anchorage or support purposes shall be permitted;

(6)

Permits for temporary signs shall authorize the erection of the signs and their maintenance for a period not exceeding 30 days; and a business may obtain up to four permits for temporary signs per calendar year;

(7)

The advertisement contained on any temporary sign shall pertain only to the business, industry, or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of a civic, political, or religious nature.

(b)

A "portable sign" includes any sign or rollaway, portable, or mobile advertising display.

(1)

No portable sign shall exceed six feet in height as measured from ground level. Portable signs in excess of 32 square feet in single face area shall be prohibited;

(2)

Portable signs of flashing or intermittently lighted types shall be prohibited;

(3)

All such signs shall be constructed of noncombustible material and all wiring and conduit running to, in, or around the sign shall meet all requirements of this Code. Electrical cord from sign body to an appropriate outlet shall not exceed six feet in length;

(4)

No portion of a portable sign shall be placed upon, extend over, or extend into any street, alley, sidewalk, driveway, or public thoroughfare;

(5)

Portable sign locations shall be regulated as provided in section 54-216 and this section;

(6)

Portable signs shall be anchored with chains or steel cables attached to bolts embedded in pavement, a standard auger type of flex-type trailer anchor or approved equal;

(7)

Permits for portable signs shall authorize erection of signs and their maintenance for a period not exceeding 30 days.

(Code 2012, § 16-12-10; Ord. No. 2008-19, 10-6-2008)

No sign or advertising structure shall display any obscene, indecent, or immoral matter of language. The term "obscene" means that to the average person, applying contemporary community standards, the dominant theme of the material taken as a whole appeals to prurient interest.

(Code 2012, § 16-12-11; Ord. No. 2008-19, 10-6-2008)

(a)

All awnings shall maintain a minimum of nine feet between the sidewalk or ground level and the base of the awning.

(b)

No awning shall have a projection greater than 72 inches.

(c)

All awnings shall be maintained structurally and aesthetically.

(d)

All awnings require a revocable permit issued by the city, and the city must be named as an additional insured in the property insurance policy of the business owner.

(Code 2012, § 16-12-12; Ord. No. 2008-19, 10-6-2008)

(a)

Generally. Provisions for off-premises signs are as follows:

(1)

No sign shall be erected closer than 1,000 feet to another off-premises sign.

(2)

Signs shall be located a minimum of 200 feet from any residential zoned property.

(3)

Back-to-back signs will be allowed with only one side being used to calculate square footage.

(4)

Ground signs shall not be used for off-premises advertising. This shall not apply to signs of an educational, institutional, or religious nature that conform to section 54-226.

(5)

Signs may have direct or indirect illumination.

(6)

No sign shall be illuminated so that it interferes with the effectiveness of, or obscures an official traffic sign, device or signal; neither shall it be permitted to have beams or rays directed at any portion of the traveled ways and be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or which otherwise interferes with any driver's operation of a motor vehicle.

(7)

Signs may not be permitted on a lot that has 200 square feet or more of existing on-premises ground or pole mounted signs, unless the signs are separated by a minimum of 1,000 feet. The term "lot" is defined as a continuous parcel of land under the same ownership.

(8)

No sign shall be constructed with more than two upright supports.

(9)

Flashing, intermittent, or moving light or lights are prohibited except for time, temperature, and date signs.

(10)

No sign, structure, landscaping, fence or other item associated with the sign may be installed on or overhanging the street or highway right-of-way or easement.

(11)

All signs shall be maintained in good and safe condition. The painted portions shall be periodically repainted and kept in good condition.

(12)

The general area of the sign shall be a kept free and clear of sign material, weeds, debris, trash and other refuse.

(13)

The sign must be located and positioned in such a way that it is primarily visible from the zoning district or corridor that it is permitted for. It must be located as close as practical to the street, road, or highway that it is serving. If the sign is visible from two or more districts, it shall be at the discretion of the community development director as to which district shall be primary.

(14)

Signs located within 660 feet of the nearest edge of the right-of-way of an interstate or federal-aid primary highway shall be required to obtain a permit from the state department of transportation in conformance with 69 O.S. § 1271 et seq.

(15)

Permits shall be required for all signs, and material change or alterations to existing signs or structure, except for message change. The application fee shall be established by adoption of a resolution by the city council.

(16)

On or before January 1 of each year an annual license fee shall be paid to the city for each new or existing sign structure located inside the city. The fee shall be set by the city council and shall not be prorated. Sign structures that are constructed and have passed final inspection within the final 60 days of the calendar year shall not be required to pay the license fee for the upcoming year.

(17)

All signs within the city limits located on primary federal-aid highways shall comply with the regulations of such highways.

(b)

I-44 corridor. The following premises apply to off-premises advertising signs along the I-44 corridor:

(1)

The I-44 corridor shall be defined as any I-1, I-2, or C-2 zoned property that has 200 feet or more of its boundary adjoining the right-of-way line of the interstate. The community development director may modify this requirement if the property is laid out in such a manner that will allow the sign to be offset back from the right-of-way line a distance that will allow the width of the property to meet the 200-foot requirement.

(2)

Single sign faces, stacked or side-by-side signs will be allowed; however, the total area of the sign faces may not exceed 672 square feet, including the frame or border.

(3)

The separation between stacked or side-by-side signs may not exceed 150 square feet.

(4)

Maximum height shall be 45 feet.

(Code 2012, § 16-12-13; Ord. No. 2008-19, 10-6-2008)

The following provisions shall apply to all signs in all zoning districts unless otherwise noted:

(1)

Pole-mounted signs shall maintain a minimum clearance of nine feet between the sign panel base and average ground level.

(2)

All hanging signs shall overhang at a height not less than nine feet, and shall not have a projection of greater than 72 inches.

(3)

No portion of a roof sign shall exceed the structural height limitations of the zoning district it is located within.

(4)

Ground- and pole-mounted signs shall not exceed the maximum height allowed for structures in the zoning district upon which it is located, unless specifically limited elsewhere in this article.

(5)

No signs shall be permitted upon lots not containing one business establishment, except as provided elsewhere in this article.

(6)

Signs may be lighted, provided that the lighting is from within the sign or by spotlights illuminating the face of the sign. No flashing or intermittent lighting shall be permitted on the sign nor shall exposed bulbs be permitted; except that electronic message signs may be permitted if the image remains static for a minimum of eight seconds and all other requirements have been satisfied.

(7)

All codes concerning wiring and construction standards shall be met prior to the issuance of a sign permit.

(8)

Every sign shall be maintained in good structural condition at all times.

(9)

Off-premises signs providing direction to, or identifying lots for sale within new residential additions shall be permitted for a period of two years after the issuance of a use-on-review permit, subject to the size, height and setback provisions found elsewhere in this article. The planning commission may grant renewals allowing extensions on the two-year placement period.

(Code 2012, § 16-12-14; Ord. No. 1806, 8-28-1986; Ord. No. 2008-19, 10-6-2008)

Signs constructed in the A-1 district shall be required to meet the following criteria. Any change of existing signs shall comply with these standards.

(1)

Agricultural-related business signs.

a.

Shall not exceed 15 feet in height, or 80 square feet in surface display area;

b.

Only one sign per street frontage;

c.

Shall only advertise goods, services or activities conducted on the premises; and

d.

Shall not apply to identification or advertisements when placed upon grain storage silos.

(2)

Real estate signs.

a.

One sign per street frontage, not exceeding 12 square feet in surface display area may be erected. Such sign shall advertise only the sale, rental or lease of premises on which the sign is located; and

b.

All portions of the sign must be a minimum of ten feet from the curb line. No sign, on a corner lot shall be allowed within the sight triangle of the street intersection.

(3)

Signs advertising lots within subdivisions.

a.

Shall only advertise the sale or lease of property within the development upon which the sign is placed;

b.

Permits are valid for a two-year period from date of issuance;

c.

Shall be removed by developer upon sale of all lots or residences within the addition;

d.

Shall not exceed 15 feet in height or 80 square feet in surface display area; and

e.

Only one sign per street frontage.

(4)

Subdivision entrance signs.

a.

A subdivision entrance sign is permitted, provided that it is approved by the city council in conjunction with final plat approval of the subdivision it is located within; and

b.

Proposed subdivision entrance signs, for existing subdivisions or subdivisions for which the final plat has been previously approved, shall require approval by the city council.

(5)

Home occupation signs. One non-illuminated nameplate or sign attached to the main building two square feet in display surface area is permitted.

(6)

Educational, religious, institutional, or similar uses.

a.

Sign shall not exceed 15 feet in height or 80 square feet in surface display area;

b.

One sign or bulletin board not exceeding 15 feet in height and 40 square feet in surface display area announcing special activities for a period not exceeding 45 days; and

c.

One sign per street frontage.

(Code 2012, § 16-12-15; Ord. No. 1806, 8-28-1986)

Signs constructed in R-1, R-2, R-3, R-M-O, shall be required to meet the following criteria. Any change of existing signs shall comply with these standards.

(1)

Real estate signs.

a.

One sign per street frontage, not exceeding 12 square feet in surface display area may be erected. Such sign shall advertise only the sale, rental or lease of premises on which the sign is located; and

b.

All portions of the sign must be a minimum of five feet from the curb line. No sign on a corner lot shall be allowed within the sight triangle of the street intersection.

(2)

Signs advertising lots within subdivisions.

a.

Shall only advertise the sale or lease of property within the development upon which the sign is placed;

b.

Permit is valid for a two-year period from date of issuance;

c.

Shall be removed by developer upon sale of all lots or residences within the addition;

d.

Shall not exceed 15 feet in height or 80 square feet in surface display area; and

e.

Only one sign per street frontage.

(3)

Subdivision entrance signs. A subdivision entrance sign is permitted, provided that it is approved by the city council in conjunction with final plat approval, of the subdivision it is located within. Proposed subdivision entrance signs for existing subdivisions or subdivisions for which the final plat has been previously approved shall require approval by the city council.

(4)

Home occupation signs. One non-illuminated nameplate or sign attached to the main building, not exceeding two square feet in display surface area.

(5)

Educational, religious, institutional or similar uses.

a.

Sign shall not exceed 15 feet in height or 80 square feet in surface display area;

b.

One sign or bulletin board not exceeding 15 feet in height and 40 square feet in surface display area announcing special activities for a period not exceeding 45 days; and

c.

One sign per street frontage.

(Code 2012, § 16-12-16; Ord. No. 2008-19, 10-6-2008)

Signs constructed in the R-4 district shall be required to meet the following criteria. Any change of existing signs shall also comply with these standards.

(1)

One business sign, not exceeding 32 square feet in display area may be erected on each street frontage of the lot. If the sign is pole mounted, it shall not exceed the height of the building in which the principal use is located, or 20 feet, whichever is lower.

(2)

Wall signs may be erected not exceeding an aggregate display surface area equal to two square feet per linear foot of street frontage.

(3)

No signs advertising products not sold on the premises will be permitted.

(4)

No signs shall be permitted upon lots not containing one business establishment, except as provided elsewhere in this article.

(5)

Real estate signs.

a.

One sign per street frontage, not exceeding 20 square feet in surface display area may be erected. Such sign shall advertise only the sale, rental or lease of premises on which the sign is located; and

b.

All portions of the sign must be a minimum of five feet from the curb line. No sign on a corner lot shall be allowed within the sight triangle of the street intersection.

(6)

Educational, religious, institutional, or similar use signs shall follow the provisions of section 54-226(5).

(Code 2012, § 16-12-17; Ord. No. 1806, 8-28-1986; Ord. No. 2008-19, 10-6-2008)

Signs constructed in C-1, C-2, C-3, and H-1 districts shall be required to meet the following criteria. Any change of existing signs shall comply with these standards.

(1)

Wall or canopy signs may be erected, not exceeding an aggregate surface display area of three square feet per each linear foot of building wall to which the sign or signs are affixed.

(2)

A lot containing one business establishment may erect pole or ground signs of two square feet of display area per linear foot of street frontage; providing, however, that if more than one such pole or ground sign is erected, an aggregate display area not exceeding one square foot per linear foot of street frontage shall be allowed. In determining display area size, only one side of a sign shall be considered in making such determination.

(3)

Ground or pole signs shall not exceed the maximum height allowed for structures in the zoning district upon which it is located; and more than one advertising flag per 6,000 square feet of property space mounted on poles shall be prohibited.

(4)

Off-premises advertising on developed and undeveloped lots is prohibited in C-1, C-3, and H-1 districts.

(5)

Real estate signs shall follow the provisions of section 54-227(5).

(6)

Educational, religious, institutional, or similar use signs shall follow the provisions of section 54-226.

(7)

Off-premises advertising in C-2 district.

a.

Sign may not exceed 72 square feet in size including the frame or border.

b.

All portions of the sign shall set a minimum of 25 feet from the property line.

c.

Stacked or side by side signs will not be allowed.

d.

Maximum height shall be 35 feet.

(Code 2012, § 16-12-18; Ord. No. 2008-19, 10-6-2008)

Signs constructed in I-1 and I-2 districts shall be required to meet the following criteria. Any change of existing signs shall also comply with these standards.

(1)

Wall or canopy signs may be erected, not exceeding an aggregate surface display area of three square feet per linear foot of building wall to which sign or signs are affixed.

(2)

Ground or pole signs shall not exceed the maximum height allowed for structures in the zoning district upon which it is located; and more than one advertising flag per 6,000 square feet of property space mounted on poles shall be prohibited.

(3)

Real estate signs shall follow the provisions of section 54-227.

(4)

Off-premises advertising in I-1 and I-2 districts.

a.

Sign may not exceed 300 square feet including frame or border.

b.

Stacked or side-by-side signs will not be allowed.

(5)

Maximum height shall be 45 feet.

(Code 2012, § 16-12-19; Ord. No. 2008-19, 10-6-2008)

(a)

Permits shall be required for all signs, and change or alterations to existing signs, except for message change in changeable copy signs. The city will provide sign permit application forms, which must be completed.

(b)

Application content shall include:

(1)

Name, address, telephone number and signature of the owner of the premises upon which sign is to be located;

(2)

Name, address, telephone number and signature of sign contractor, if any;

(3)

Legal description of property upon which the sign is to be located;

(4)

A scale drawing of the sign;

(5)

A plot plan of sign location, drawn to scale;

(6)

Current zoning of sign location; and

(7)

The type and approximate value of the sign to be installed.

(c)

The following types of signs shall be exempt from the requirements of obtaining a permit, subject to the terms and conditions contained below:

(1)

Traffic or other municipal signs, legal notices, railroad crossing signs, danger and such temporary, emergency or no advertising signs as may be approved by the city council.

(2)

Official flags of governmental jurisdictions.

(3)

Seasonal/holiday signs, provided that their erection shall not occur prior to 30 days before the holiday and their removal shall take place no more than 30 days after the holiday.

(4)

Political signs provided that such signs are removed within 30 days after the election to which the sign pertains.

(5)

Window signs painted on the surface of the glass or vinyl letters adhering to the surface of the glass of a business establishment when the surface area of the sign is 36 square feet or less.

(6)

Awning signs painted on or adhering to the surface of awnings provided the awning has been previously permitted.

(7)

Repainting or refreshing of existing signs when the surface area of the sign is 36 square feet or less.

(d)

The state highway department shall be called upon to approve applications or signs to be placed on primary highways within the city.

(Code 2012, § 16-12-20; Ord. No. 1806, 8-28-1986; Ord. No. 2008-19, 10-6-2008)

(a)

The building inspection officer shall inspect at such times as he deems necessary each sign or other advertising structure regulated by this article for the purpose of ascertaining whether the sign or structure is secure or insecure, and whether it is in need of removal or repair.

(b)

If the building inspection officer or other enforcement officer charged with enforcement of this article finds that any signs or other advertising structure regulated herein is unsafe or creates an immediate hazard to life and property, or the sign is located in any designated right-of-way; the officer or employee may cause such advertising sign to be removed summarily and without notice.

(Code 2012, § 16-12-21; Ord. No. 1806, 8-28-1986)

Any sign now or hereafter existing, for a period of more than one year, which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten days after written notification from the building inspection officer or other enforcement officer. Upon failure to comply with such notice within the time specified, the building inspector or other enforcement officer is authorized to cause removal of such sign; and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

(Code 2012, § 16-12-22; Ord. No. 1806, 8-28-1986)

Any sign which has been constructed or maintained in such a manner as to endanger public health and safety, or any sign which may hereafter be erected that is constructed or maintained in such a manner as to endanger public health and safety, may be declared by the council by resolution to be a nuisance and then such sign may be abated.

(Code 2012, § 16-12-23; Ord. No. 1806, 8-28-1986)

The use of any sign or advertising structure in prior existence upon approval of this article which violates or does not conform to the provisions hereof may be continued so long as such sign or structure is safe and secure; provided that such sign or structure is not existing on the street right-of-way or extending over the street right-of-way, creating a nuisance, or constituting a hazard; and such sign or structure may not be enlarged or replaced except so as to conform with the provisions of this article.

(Code 2012, § 16-12-24; Ord. No. 1806, 8-28-1986)

Signs constructed and displayed under this section shall meet the following criteria:

(1)

Signs permitted under this section must be associated with an event license issued under division 10 of chapter 12.

(2)

The following must be submitted with the event application. Application for signage must be submitted to the community development office no less than 30 days prior to the scheduled event.

a.

Photos or drawings of the signs to be installed, including dimensions.

b.

Location map with photos showing where the signs are to be placed.

c.

Written permission from the property owners where the signs will be placed.

d.

A letter from the state highway department shall be provided, approving signs to be placed on primary highways within the city.

e.

Payment of non-refundable sign permit application fee, as authorized by the city council by resolution.

(3)

An "event directional sign" includes any sign or rollaway, portable, or mobile advertising display and shall conform to the following:

a.

No directional sign shall exceed six feet in height as measured from ground level;

b.

Directional signs in excess of 24 inches by 36 inches in area shall be prohibited;

c.

Directional signs of flashing or intermittently lighted types shall be prohibited;

d.

All such signs shall be constructed of noncombustible material and all wiring and conduit running to, in, or around the sign shall meet all requirements of the city electric code;

e.

No portion of a portable or temporary sign shall be placed upon, extend over, or extend into any street, alley, sidewalk, driveway, public thoroughfare, easement or right-of-way;

f.

Directional sign locations shall be regulated as provided in section 54-216;

g.

Portable directional signs shall be anchored with chains or steel cables;

h.

Permits for temporary directional signs shall authorize erection of signs on the morning of the event with the removal of the sign being no more than 12 hours after the end of the event;

i.

No more than four signs may be located inside the city limits.

(4)

Variance or appeal. Any person, firm or corporation who is refused a sign permit may appeal the decisions of staff to the city council. The appeal must be filed with the city clerk no less than 60 days prior to the start of the scheduled event. The city council shall hear the appeal at a regularly scheduled meeting and shall determine by a majority of those present if a permit is to be issued and under what requirements. An appeal is valid for the upcoming event only and may not be used for future sign placement.

(5)

Violations and penalties. Any person, firm or corporation, who violates or refuses to comply with any provisions of this article, shall be fined in an amount not to exceed the maximum amount allowed by law for non-jury trials plus court costs. Each sign and each day's violation will constitute a separate offense.

(Code 2012, § 16-12-26; Ord. No. 2009-02, 2-16-2009; Ord. No. 2009-15, 12-7-2009)