The following regulations are designed to promote the public health, safety, order, aesthetics and general welfare of the community by controlling the number, placement, size and height of signs to prevent excessive and undue distraction to motorists and pedestrians and to prevent traffic hazards; avoiding an environment that encourages visual blight; and encouraging a more attractive urban environment.

(Ord. of 1993, § 801)

Any sign designed, erected or maintained for a public purpose by a public agency or authority is exempt from the provisions of this article. Public signs include, but are not limited to, the following: signs denoting routes to any city, town, village, historic place, shrine or hospital; signs directing or regulating traffic; notices of any railroad bridge, airport or other transportation activity necessary for the direction or safety of the public; legal notices or other official instruments denoting time and place of civic meetings; signs denoting street names and street number, address or unit designations, flags of the United States, state, county, municipality or other public authority; flags, banners and other devices for celebrations, conventions, commemorations, events, festivals and other community activities authorized by the city council, and public memorial signs and tablets.

(Ord. of 1993, § 808)

(a)

Required. Except as otherwise excepted by the provisions of this article, it is unlawful for any person to erect, construct, enlarge, move, replace or convert any sign without first obtaining a permit from the zoning administrator; provided, however that nothing in this section shall be construed to require a permit for the repainting, cleaning or other normal maintenance or repair of a sign or sign structure.

(b)

Application procedure. Applications for permits to erect, construct, enlarge, move or convert signs shall be made to the zoning administrator upon forms furnished by him. The application for permit shall include information such as, but not limited to, ownership information, location, construction cost, scaled site plans and elevation drawings, structural details or other information necessary to ensure compliance with the provisions of these regulations and all applicable codes.

(c)

Fees. No permit shall be issued until the appropriate application has been filed and fees have been paid as established by the city council from time to time.

(Ord. of 1993, §§ 804—806)

Signs and other advertising structures shall be constructed and maintained in strict conformity with building and electrical codes and all other applicable regulations.

(Ord. of 1993, § 802)

When a building is constructed, remodeled, or expanded, all signs shall be approved by the appropriate official before an occupancy permit is issued. Drawings containing dimensions of signs or descriptions of sign dimensions, construction materials, and methods of erection or design and stress diagrams may be approved by the building official or other appropriate official, when, in his best judgment, erection of the sign will not constitute a safety hazard and upon determination that the sign meets all the requirements of this article and the building code of the city.

(Ord. of 1993, § 812)

Signs and other advertising structures are permitted as accessory uses, subject to all applicable limitations as specified in these regulations.

(Ord. of 1993, § 803)

Signs, regardless of the zoning district in which they are located, shall conform to the following requirements:

(1)

Repair and maintenance. Signs, together with any supporting members, shall be kept in good repair and maintained so as to present a neat, clean appearance and be in a safe state of preservation. Painted areas and sign surfaces shall be kept in good condition, and illumination, if permitted, shall be maintained in safe and good working order.

(2)

Minimum setback requirements. Signs shall be set back a minimum of two feet from any public street right-of-way.

(3)

Obstruction of vision along rights-of-way prohibited. No sign shall be erected where it will interfere with vision clearance along any street or obstruct the vision of either drivers or pedestrians.

(4)

Illumination not to cast on other properties. Any illuminated sign shall be placed so that the rays and illumination therefrom shall not be cast upon neighboring properties.

(5)

Installation of marquee and projecting signs to be supervised by building inspector. All permitted marquee or projecting signs shall be erected under the supervision of the building inspector. Other attached signs shall be inspected for safety and compliance with this article.

(Ord. of 1993, § 812)

The following signs are prohibited in the city, except as otherwise specifically provided:

(1)

Animated signs. Signs erected on or over public property including public rights-of-way, other than signs erected by public authority for a public purpose.

(2)

Signs attached to vehicles. Signs attached to or painted onto a vehicle parked adjacent to and visible from a street for the sole purpose of advertising onto the street.

(3)

Glaring illuminated signs. No sign shall give off light which glares, blinds, or has any other such adverse effect on traffic. The light from all illuminated signs shall be established in such a way that adjacent properties and roadways are not adversely affected and that the light shall not be of any intensity or brightness which will interfere with the peace, comfort, convenience and general welfare of residents or occupants of adjacent properties and roadways.

(4)

Flashing signs; signs imitating warning signals. Flashing signs or signs imitating warning signals or signs resembling the flashing light customarily used in traffic signals or in police, fire, or rescue vehicles and signs using word slogans, dimensional shapes or sizes or colors of governmental traffic signs.

(5)

Signs resembling or conflicting with traffic control devices. Signs or graphics which by color, location, or design resemble or conflict with traffic control signs or signals.

(6)

Sign emitting colors that may be confused with emergency vehicle lights. Signs that electronically emit or use the colors that could be confused with emergency vehicles (red and blue).

(7)

Portable animated signs with motion or sound. Animated signs involving the scrolling or flashing of messages, motion or sound, except time, temperature, and date signs as provided in this article.

(8)

Signs placed on or over public right-of-way. Signs that are placed on or over public right-of-way to include utility poles, traffic control boxes, trashcans; attached to any street sign or markers, traffic control sign or device.

(9)

Signs on natural features. Signs that are erected or painted on rocks, trees, or other natural features.

(10)

Obscene signs. Any lewd, vulgar, profane, or sexually oriented messages, pictures, paintings, drawing, or structure used for the purpose of advertisement.

(Ord. of 1993, § 807; Ord. of 2-12-2008; Ord. of 11-10-2009)

The following signs are permitted in A-1, R-1, R-2 and R-3 zoning districts:

(1)

Holiday lights and decorations, not to exceed 60 days of display in any one calendar year.

(2)

One identification sign per premises at the entrance drive of each individual residence, estate, farm, ranch and plantation which does not exceed four square feet of area.

(3)

One identification sign or project identification monument for each entrance to a residential subdivision or complex, or other nonresidential permitted use, not exceeding 32 square feet of area, provided such signs are not internally illuminated.

(4)

Identification sign or bulletin board for churches, places of worship, fraternal organizations or other similar permitted institutional uses, provided only one sign not exceeding 32 square feet of area located on site is permitted per premises and provided such signs are not internally illuminated.

(5)

Political signs, not exceeding four square feet in area.

(6)

Real estate signs, non-illuminated, located on site, pertaining to the rent, lease or sale of the premises, not exceeding four square feet of area, provided only one sign per premises is permitted.

(7)

Signs, non-illuminated, for permitted sales, rental and leasing offices, and manager's residences that do not exceed four square feet of area.

(Ord. of 1993, § 809)

The following signs are permitted in NS, HB, CBD and M-1 zoning districts:

(1)

Any sign permitted as specified in A-1, R-1, R-2 and R-3 zoning districts, but not subject to limitations on number, area, or lighting.

(2)

One identification sign per premises, freestanding, not exceeding 100 square feet in area, on which the name and nature of the business or other establishment operated on the premises as the principal use are shown.

(3)

One secondary identification sign per premises, whether freestanding, attached or window, not exceeding eight square feet in area, on which the name and nature of a business or other establishment operated on the premises are shown.

(4)

Attached signs with a total sign area not exceeding 25 percent of the area of the building wall to which the sign or signs are attached.

(5)

Directional signs.

(6)

Off-site signs (billboards), not exceeding 100 square feet in area.

(7)

Window signs, not exceeding 25 percent of the total area of the window.

(Ord. of 1993, § 810)

Illuminated LED signs that incorporate time, date and temperature or any other combination of advertisement for that business are permitted and may be incorporated into the maximum 100 square feet of the sign. The width of such signs shall not exceed 36 inches, and the length of such signs shall not exceed 78 inches. Prior approval of the state department of transportation is required.

(Ord. of 2-12-2008; Ord. of 11-10-2009(a))

Temporary signs are permitted in the city only if they meet all of the following requirements:

(1)

The sign shall not exceed a maximum area of eight square feet per side (two-sided).

(2)

The sign shall not exceed a maximum height of 48 inches (four feet) or be less than a minimum height of 36 inches (three feet).

(3)

The placement of sign must not impede the flow of traffic on sidewalks as determined by judgment of the city police.

(4)

There shall be no more than one temporary sign per business.

(5)

The temporary sign can only advertise the business located at that location.

(6)

The sign must be put out and taken back in each day and may not to be left out at night.

(Ord. of 9-10-2002)

No permitted sign, regardless of type, shall exceed a height of ten feet in the A-1, R-1, R-2 and R-3 zoning districts or a height of 30 feet in the NS, HB, CBD and M-1 districts.

(Ord. of 1993, § 811)

(a)

Recognizing that the strict application of the provisions of this article may, in limited instances involving unique or unusual physical conditions or other such unanticipated situation, pose an unnecessary hardship to the owner or user of a sign, the city council is authorized to permit variances from the provisions of this article, including, but not limited to, an increase in the height of a sign, reduction of the required two-foot setback for a sign, an increase in the maximum area of a sign, and authority for temporary signs and sign devices.

(b)

Any application for a variance from the terms of this article shall be filed and heard in accordance with variance procedures and shall require the filing of an elevation drawing of the sign or signs proposed to be erected, constructed, modified or continued, along with written justification that unusual conditions warrant such consideration.

(Ord. of 1993, § 813)

(a)

Should any sign become insecure or in danger of falling or otherwise unsafe in the opinion of the building inspector, the owner thereof, or the person or firm maintaining the sign, shall upon written notice from the building inspector forthwith in the case of immediate danger and in any case within ten days, secure the sign in a manner to be approved by the building inspector, in conformity with the applicable provisions of the building code of the city. If such order is not complied with in ten days, the sign shall be removed under instruction of the appropriate official at the expense of the owner or lessee thereof.

(b)

In case any sign shall be installed, erected or constructed in violation of any of the terms of this article, the building inspector shall notify by certified mail or written notice served personally, the owner or lessee thereof to alter such sign, secure the necessary permit, make required alterations, or remove the sign. If such order is not completed within 24 hours from the time of notice being received, the sign shall be removed under instruction of the appropriate official at the expense of the owner of lessee thereof.

(Ord. of 1993, § 814)