(a)

It is the purpose of these sign regulations to permit the use of signs as a means of communication in the city; to maintain and enhance the city's natural and manmade environment; to encourage an attractive and healthy economic environment; to promote the public health, safety and general welfare, and to minimize any possible adverse effects of signs on nearby public and private property.

(b)

The purpose as stated above recognizes the following findings concerning signs:

(1)

That excessive numbers of signs in a single location create dangerous traffic conditions, intrude on motorist and pedestrian enjoyment of the natural and manmade beauty of the city, and as such are detrimental to the public health, safety and general welfare of the city.

(2)

That business enterprises and other institutions located along public and private streets have a need to identify themselves and their activities to motorists and pedestrians by means of signs.

(3)

The city has determined that, without adequate regulation and design standards, signs are a nuisance. An excessive number of signs are distracting to motorists and pedestrians, creates a traffic hazard and reduces the effectiveness of signs.

(Ord. 2002-034, passed 5-7-02)

Where terms are not defined in this chapter and are defined in other chapters of the zoning code, they shall have the same meanings ascribed to them as in those chapters. Undefined terms shall have ascribed to them their meanings as found in the latest edition of Merriam Webster's Third New International Dictionary of the English Language or such as the context herein may imply.

Abandoned sign means a sign which no longer identifies or advertises a going concern, lessor, service, owner, product, and/or activity, and/or for which no legal owner can be found.

Administrator means the city manager, or his or her designated representative.

Aerial sign means any balloon, or other airborne floatation device that is tethered to the ground or to a building or other structure to direct attention on a temporary basis to a business, commodity, service, or entertainment being conducted, sold or offered.

Animated sign means any sign that uses movement or change of lighting to depict action or to create a special effect or scene (compare "flashing sign").

Area, sign on-premise or off-premise shall be computed as including the entire area within a regular, geometric form or combination of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed.

A.

The area of signs composed of individual letters, numerals or other devices shall be the sum of the areas of the smallest rectangles or other geometric figures encompassing the message. Frames and borders not being advertising matter shall not be included in the computation of surface area. In the case of irregularly shaped three-dimensional signs, the area of the display surface shall be measured on the plane of the largest vertical cross section.

B.

Measurement of sign face area means that where a sign has two or more faces, the area of all the faces shall be included in determining the area of the sign.

Awning means a shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework (compare "marquee").

Awning sign means a sign painted on, printed on or attached flat against the surface of an awning.

Back-to-back sign means a sign consisting of two sign facings orientated in opposite directions.

Banner sign means a temporary sign made of fabric or any non-rigid material with no enclosing framework.

Changeable copy sign (automatic) means a sign on which the copy changes automatically on a lampbank or through mechanical means, e.g. electrical or electronic time and temperature units.

Changeable copy sign (manual) means a sign on which copy is changed manually in the field, e.g. reader boards with changeable letters.

City means the City of Clyde, Ohio, unless the context clearly discloses a contrary intent.

Clearance means the smallest vertical distance between the grade of the property on which the sign is to be located and the lowest point of any sign, including framework and embellishments, extending over that grade.

Construction sign means a temporary sign identifying an architect, owner, funding source, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.

Copy means the wording and/or artwork on a sign surface in either permanent or removable form.

Directional/information sign means an on-premises sign giving directions, instructions or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g. parking or exit and entrance signs.

Double-faced sign means a sign with two adjacent faces oriented in the same direction and not more than ten feet apart at the nearest point between the two faces, i.e. stacked or side by side refer to section 1157.06 for limitations.

Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used.

Electronic message center. See "changeable copy sign, automatic".

Facade means the entire building front, including the parapet.

Facing means that portion of a sign upon which advertising is affixed or painted and which is visible in only one direction at one time.

Festoons means a string of ribbons, tinsel, small flags or pinwheels.

Flashing means a sign that contains an intermittent or sequential flashing light source used primarily to attract attention. "Flashing sign" does not include changeable copy signs, animated signs, or signs that, through reflection or other means, create an illusion of flashing or intermittent light (compare "animated sign" and changeable copy sign").

Freestanding sign means a sign erected on a freestanding framework supported and affixed by one or more uprights or braces in or upon the ground.

Frontage means the length of the property line of any one premises along a public right-of-way on which it borders.

Frontage, building means the length of an outside building wall on a public right-of-way.

Government sign means any temporary or permanent sign erected and maintained by the city, county, state or federal government for traffic direction or for the designation of or direction to any school, hospital, historical site or public service, property or facility.

Ground mounted sign means any freestanding sign, other than a pole mounted sign, independently supported by the ground or mounted on a decorative wall or fence.

Height, sign means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare "clearance").

Identification sign means a sign, whose copy is limited to the name and address of a building, institution or person, and/or to the activity or occupation being identified.

Illegal sign means a sign which does not meet the requirements of this chapter and which has not received legal non-conforming status.

Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Incidental sign means a small sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g. a credit card sign or a sign indicating hours of business.

Institutional sign means any sign designating a hospital, nursing home, childcare facility, place of worship, educational institution or club.

Lot means a parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record or a survey map.

Maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic design or structure of the sign.

Mansard means a roof with two slopes on each of its four sides, the lower slope being steeper than the upper slope.

Marquee means a permanent roof-like structure of rigid materials supported by and extending from the facade of a building (compare "awning").

Marquee sign means any sign attached to or supported by a marquee structure.

Multiple faced sign means a sign comprised of sections which rotate to display a series of advertisements, each advertisement being displayed for at least six seconds continuously without movement; the duration of movement of sections between advertisements not exceeding two seconds. For determination of permit fees, the total area of each display shall be calculated (i.e. three displays at 300 square feet each totals 900 square feet of sign area).

Nameplate means a non-electric, on-premises identification sign giving only the name, address and/or occupation of an occupant or group of occupants.

Nonconforming sign means a sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations; or a sign that does not conform to these regulations but for which a variance has been issued.

Occupancy means the portion of a building or premises owned, leased, rented or otherwise occupied for a given use.

Official sign means a sign erected by a governmental agency or its designee, setting for information pursuant to law.

Off-premise sign means a permanent or temporary sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located, e.g. billboards.

On-premise sign means a sign that pertains to the use of the premises on which it is located.

Owner means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign, unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a sign company.

Painted wall sign means any sign, which is applied with paint or a similar substance on the face of a wall.

Parapet means the extension of a false front or wall above a roofline.

Person means an individual, corporation, association, firm, partnership or other defined interest.

Point of purchase display means the advertising of a retail item accompanying its display, e.g. an advertisement on a product dispenser.

Pole cover means a cover enclosing or decorating poles or other structural support of a sign.

Portable sandwich board sign means a sign with two display surfaces that is not permanently anchored to the ground or a structure and has a hinged, or A-frame construction that allows the sign to be displayed indoors or outdoors.

Portable sign means any sign designed to be moved easily and not permanently affixed to a structure, building or the ground.

Premises means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designated to support the sign.

Real estate sign means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.

Right-of-way means a general term denoting land, property, or the interest therein, usually in the configuration of a strip of land, acquired for or devoted to transportation and utility purposes. When used in this context, right-of-way includes the roadway, shoulders, or berm, ditch and slopes extending to the right-of-way limits under the control of the City of Clyde.

Roofline means the top edge of a roof or building parapet, whichever is higher excluding any cupolas, pylons, chimneys or minor projections.

Roofline sign means any sign erected over or on the roof of a building (compare "mansard" and "wall sign").

Rotating sign means a sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.

Sign means any device, structure, fixture or placard using graphics, symbols and/or written copy designed specifically for the purpose of advertising or identifying any establishment, products, goods or services.

Sign permit means the official written approval for the creation, erection or construction of a sign issued by the City of Clyde.

Snipe sign means a temporary sign or poster affixed to a tree, utility pole, fence, etc.

Subdivision identification sign means any ground mounted, freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

Temporary sign means any sign not constructed or intended for long-term use and which is not permanently mounted or placed in or on any premises.

Traffic control sign means any traffic control sign, as defined in the manual of uniform traffic control devices, as published by the Ohio Department of Transportation under authority of ORC 411.09.

Under-canopy sign means a sign, which suspends beneath a canopy, ceiling, roof or marquee (see "marquee sign").

Use means the purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.

V type sign means a sign structure which consists of multiple sign facings placed at angles to each other, with one end attached, oriented in different directions and not exceeding ten feet apart at the open or applied point.

Wall sign means a sign attached parallel to and extending not more than 15 inches from the wall of a building, including painted individual letter and cabinet signs, and signs on a mansard roof.

Window sign means a sign painted on, attached to or suspended directly behind or in front of a window or the glass portion of a door and which sign is intended to be viewed from the outside.

Yard sign means a temporary sign erected on a lawn, the ground or driveway of any premises.

(Ord. 2002-034, passed 5-7-02)

The following regulations shall apply to the display of all signs in the city:

(a)

No sign shall be erected unless it is in compliance with the regulations of this chapter.

(b)

Signs must be constructed in compliance with any applicable regulations of the city's zoning code and any applicable state building and fire codes.

(c)

All signs shall be properly maintained. Exposed surfaces shall be clean and painted, if paint is required. Defective parts shall be replaced. The zoning inspector shall have the right to order repair or removal of any sign, which is defective, damaged or substantially deteriorated. The property owner, agent, or the person having the beneficial use of the premises shall be responsible for all costs for repair or removal.

(d)

Any sign, retractable canopy or awning which advertises a business no longer being conducted on the premises to which the sign relates constitutes a public nuisance and such sign shall be taken down and removed by the owner, agent or person having the beneficial use of the premises upon which such sign is found. Such sign shall be removed immediately after written notice from the zoning inspector or the sign may be removed by the zoning inspector or his/her authorized representative and the costs shall be charged to the owner, agent or person having the beneficial use of the premises on which such sign is found.

(e)

No sign shall obstruct or interfere with traffic or traffic visibility, or resemble or imitate signs or signals erected by the city or other governmental agency for the regulation of traffic or parking.

(f)

Signs may be illuminated, except temporary signs, by either external or internal sources of light except where otherwise prohibited in this chapter. However, no illuminated sign shall be permitted any part of which flashes on or off or displays changing degrees of intensity (this does not apply to holiday, religious or an automatic changeable copy sign). This regulation applies to signs located outside buildings, and to window signs inside buildings which are meant to be seen from the outside.

(g)

No sign, whether freestanding, ground-mounted, projecting or attached to a building or other structure, may project, or be mounted over any public street, sidewalk or on any public right-of-way, except as expressly permitted in this chapter.

(h)

Any sign which is permanently mounted shall bear, in a permanent position, a clearly legible identification stating the name and address of the owner of the sign, and the person, firm or corporation responsible for its construction, and the date of erection.

(i)

No sign, with the exception of governmental signs, shall be placed, displayed or erected in the public right-of-way or on public property without written approval from the city manager.

(j)

No snipe signs shall be placed, erected or displayed within the city.

(k)

No light source for illuminated signs shall be of such brightness nor orientation as to constitute a hazard to pedestrian or vehicular traffic.

(l)

Unless otherwise specified by this chapter, any sign herein allowed may use manual or automatic changeable copy.

(m)

Clearance of overhead utilities shall be in conformance with the National Electric Code and all local utility standards.

(n)

Window signs are permitted provided that the window sign is located in a building where a commercial or industrial use is permitted as a principal use. No window sign shall advertise products or services not provided or for sale on the premises except non-profit and civic functions and political candidates.

(o)

No sign shall be erected or placed on any property without the consent of the owner.

(p)

No sign shall be placed where it blocks or impedes sight lines for any person, pedestrian or operator of a vehicle on a public right-of-way, driveway or sidewalk.

(q)

No sign shall imitate or resemble official traffic or governmental signs or signals.

(r)

No sign shall be erected so as to have less than eight feet of vertical clearance between such sign and the public sidewalk.

(Ord. 2002-034, passed 5-7-02)

Notwithstanding any provisions of this chapter to the contrary, all signs erected following the effective date of these regulations shall comply with all the provisions of these regulations. All signs which are in existence on the effective date of these regulations and which do not conform to the standards of this chapter shall be considered non-conforming uses and shall be subject to the following provisions:

(a)

No non-conforming sign shall be structurally altered so as to change the shape, size or design of the sign, nor shall any non-conforming sign be relocated.

(b)

All signs designed to be attached to, supported by or part of a structure which is designed to be moved on wheels, skids or other similar devices, or transported, pushed or pulled by a motor vehicle shall be considered non-conforming signs and shall be removed within 30 days from the date of adoption of this chapter.

(c)

All non-conforming signs may remain for a period of ten years from the effective date of this section.

(d)

A non-conforming sign or portion thereof may be altered to decrease its non-conformity.

(e)

A non-conforming sign shall not be replaced or reconstructed unless it conforms to the regulations of this section, except that the message of a non-conforming sign which contains a painted, papered or changeable copy sign (manual) may be changed.

(f)

A non-conforming sign shall be brought into compliance upon change of ownership or type of property or business.

(Ord. 2002-034, passed 5-7-02)

(a)

It shall be the duty of the zoning inspector to refuse a permit for the erection of any sign if the application therefor and the accepted drawing or diagram show that the sign when erected will not be in accordance with the provisions of this chapter or if the sign shall constitute a hazard to the safety of persons using the public street or other public place in the vicinity of the proposed sign.

(b)

A variance from the strict application of the provisions of this chapter may be granted by the board of zoning appeals in regard to any sign if the board finds that requiring strict compliance with the provisions of this chapter may impose undue hardship and that the granting of a variance from the provisions of this chapter will not depreciate or damage neighboring property, will not create a safety hazard and will not be contrary to the purposes of this chapter. The procedure for applying for a variance and the hearing therefor shall be the same as in cases involving other zoning variances.

(Ord. 2002-034, passed 5-7-02)

The following signs may be displayed in all zoning districts without a permit subject to all the provisions of this chapter:

(a)

One plaque, nameplate or tablet denoting the name of the building and/or date of erection the total area of which shall not exceed two square feet per sign face.

(b)

Directional or informational signs shall not exceed four square feet per sign face.

(c)

Official, federal, state or local government signs, flags, emblems, and historical markers.

(d)

Holiday or special event decorations subject to the provisions of this chapter.

(e)

Temporary signs unless otherwise provided by this chapter, shall be placed, erected or displayed subject to the following conditions:

(1)

Any such temporary sign shall be placed, erected or displayed on the same lot to which it is an accessory use and shall be located no closer than ten feet from the right-of-way.

(2)

No temporary sign shall be illuminated.

(3)

No temporary sign shall be displayed longer than 20 days except real estate which shall be removed within 14 days after the property is sold (transfer date) or rented, and construction signs, which shall be removed within 14 days after the construction has ceased.

(4)

No temporary sign in any R-1, R-1A, R-2, or R-3 district shall exceed eight square feet per sign face. No temporary sign in any other district shall exceed 32 square feet per sign face.

(5)

Signs designated to be moved on trailer wheels, skids or similar devices shall be permitted as temporary signage, providing they are otherwise in conformance.

(6)

Signs associated with a campaign, election or other civic affair provided that they do not exceed ten square feet, shall be located no closer than five feet from the right-of-way and are removed within five days after the affair.

(7)

Temporary and special event (festivals, charity, and non-profit groups) signs or apparatus with the approval of the zoning inspector, may be erected no more than 14 days prior to the special event and shall be removed within two days following said special event.

(f)

Public notices or information signs identifying telephones, rest rooms and similar facilities, not to exceed two square feet per sign face. Advertising matter is not permitted on such signs.

(g)

Incidental signs.

(h)

Any sign relating to an emergency which poses an imminent threat to human life or property.

(Ord. 2002-034, passed 5-7-02)

(a)

No permit is required to place, erect or display any sign permitted under section 1157.06 in residential districts.

(b)

A permit is required to place, erect or display any of the following signs in all residential zoning districts:

(1)

Subdivision identification sign.

A.

Not more than two ground-mounted, wall or painted signs.

B.

The maximum height of a ground-mounted sign shall be four feet.

C.

The maximum area shall be 32 square feet per sign face not to exceed a maximum area of 64 square feet.

D.

Such sign shall be located on private property at the dedicated street entrance of the development no closer than ten feet from the right-of-way.

(2)

Institutional sign.

A.

Not more than two ground-mounted, wall or painted wall sign.

B.

The maximum area shall be 32 square feet per sign face not to exceed a maximum area of 64 square feet.

C.

The maximum height of a ground-mounted sign shall be four feet.

D.

Such sign shall be placed or erected on the same lot to which it is an accessory use no closer than ten feet from the right-of-way.

(3)

Multi-family dwelling or boarding house sign.

A.

One ground-mounted, wall or painted wall sign.

B.

The maximum height shall be six feet.

C.

The maximum area of any ground-mounted sign shall be 32 square feet per sign face not to exceed a maximum of 64 square feet.

D.

The multi-household sign shall be located at the dedicated street entrance no closer than ten feet from the right-of-way.

(4)

Home based business.

A.

One ground-mounted, wall or painted wall sign.

B.

The maximum height shall be six square feet.

C.

The home-based business sign shall be located at the dedicated street entrance no closer than ten feet from the right-of-way.

(Ord. 2002-034, passed 5-7-02)

(a)

No permit is required to place, erect or display the following signs in the central business district C-1 and general commercial district C-2, but all signs must be in conformance with the regulations of this chapter and all other requirements set forth in this Code:

(1)

No permit is required to place, erect or display any sign permitted under section 1157.06 in the central business district and general commercial district.

(2)

Incidental signs not to exceed two square feet per sign face per tenant space.

(b)

A permit is required to place, erect or display the following signs in the central business district C-1 and general commercial district C-2, however, in the central business district C-1 the total sign area shall not exceed 125 square feet in cumulative area per premises.

(1)

One freestanding sign per premises not to exceed two square feet in sign area for each linear foot or main street frontage, up to a maximum of 25 square feet. Such sign shall not exceed a height of 20 feet. No part of any freestanding sign shall extend over any public sidewalk or public street, or part thereof.

(2)

In those portions of C-1 districts not restricted by zero lot line, maximum of 66 square feet and 35 feet height are allowed.

(3)

Two painted wall signs or wall signs per tenant space not to exceed two and one-half square feet in sign area for each linear foot of that occupancy's building frontage, up to a maximum of 125 square feet per premise.

(4)

One under canopy sign per tenant space, not to exceed four square feet in sign area, the area of which shall not be included in the maximum area permitted.

(5)

One non-illuminated projecting sign per tenant space not to exceed three square feet per sign face.

(6)

Awning signs, the area of which shall be included in the maximum 125 square foot sign area permitted per premise in the central business district C-1.

(c)

Supplementary regulations for the central business district C-1 and general commercial district C-2. The following supplementary regulations shall apply to all signage within the central business district C-1 and general commercial district C-2:

(1)

Each sign erected, hung or suspended and which extends over and across any public sidewalk, public street or part thereof, shall not extend out from the building or structure upon which sign is erected, suspended or hung a distance greater than eight feet, nor in any event, except as hereinafter provided, to a point nearer than three feet from any curb line extended vertically. No such sign shall be erected so as to have less than eight feet of vertical clearance between such sign and the public sidewalk or way over which such sign is suspended, erected or hung; however, this provision shall not apply to signs upon, but not suspended from, any marquee, in which case the sign may extend to within three feet of the curb line of the street.

(2)

Additional wall signs or painted wall signs shall be permitted at the rate of three percent of the exposed surface area of each side or rear wall up to a maximum of 125 square feet per additional face.

(3)

On a corner lot one additional wall sign or painted wall sign and additional canopy, under-canopy, awning and marquee signs shall be permitted on the additional frontage, not to exceed the size limitations of other allowed wall and painted wall signs.

(4)

All signs shall conform to Ohio law regarding copy and use of symbols on the sign face.

(d)

Prohibited signs. The following types of signs are prohibited in the central business district C-1 in addition to the prohibitions found in section 1157.03.

(1)

Banners, pennants, festoons and searchlights except as allowed in section 1157.06(e)(7).

(2)

Off-premise signs (billboards).

(3)

Roof signs and portable signs.

(e)

Prohibited signs. The following types of signs are prohibited in the central business district C-1 and general commercial district C-2, in addition to the prohibitions found in section 1157.03:

(1)

Signs, which advertise goods or services and are placed on vehicles or trailers, which are parked or located for the primary purpose of displaying, said sign (this does not apply to signs or lettering on buses, taxis or other vehicles operating during the normal course of business).

(2)

Signs placed or displayed on a building wall to advertise goods or services not pertaining to the permitted use conducted on the premises.

(3)

Any illuminated sign lighting device that does not emit light of constant intensity, or which contains flashing, intermittent or moving light or lights (this does not apply to an automatic changeable copy sign).

(Ord. 2003-80, passed 10-21-03)

(a)

No permit is required to place, erect or display the following signs in the I-1 district:

(1)

No permit is required to place, erect or display any sign permitted under section 1157.06 in the industrial district.

(2)

Festoons.

(b)

A permit is required to place, erect or display the following signs in the I-1 district.

(1)

Industrial signs.

A.

One freestanding sign and one ground-mounted sign to identify the industry or center to be used by all tenants occupying the premises.

1.

The maximum height of a freestanding sign shall be 35 feet, the maximum area shall be 40 square feet per sign face, and the total area shall not exceed 80 square feet.

2.

The maximum height of a ground mounted sign shall be six feet, the maximum area shall be 48 square feet per sign face, and the total area shall not exceed 64 square feet.

3.

Such sign shall be placed or erected on the same lot to which it is an accessory use no closer than ten feet from the right-of-way.

B.

Any combination of three wall, painted wall, projecting, awning, or under-canopy signs shall be permitted.

1.

The maximum area of such signs, collectively, shall be three square feet per lineal foot of building width.

2.

The maximum height of such signs shall be no higher than the wall to which they are fastened.

(Ord. 2002-034, passed 5-7-02)

(a)

The highway overlay district shall run along McPherson Highway from east city limits to west city limits.

(b)

All signs within the highway overlay district shall comply with the regulations of the applicable district, except, however, a permit is required to place, erect or display one freestanding or one ground mounted sign per premises. Such sign shall have a maximum height of 50 feet, with a maximum area of 200 square feet per face, and a total area not to exceed 400 square feet.

(Ord. 2002-034, passed 5-7-02)

(a)

For purposes of this section, a large planned commercial development shall be any unified commercial development of 30 acres total land area or greater, or of 300,000 gross square feet of building area or greater, planned and designed as an integral and coordinated development.

(b)

No permit is required to place, erect or display signs permitted under this section. However, all other signs shall be permitted in a large planned commercial development only by a special variance granted by the planning commission after full consideration of the proponent's special variance request.

(c)

The proponent's special variance request shall set forth all proposed signs affecting the public right-of-way in full detail and in coordination with the physical and architectural design of the proposed development.

(Ord. 2002-034, passed 5-7-02)

Off-premise signs shall be permitted in the following zones:

(a)

Route 20 corridor (land abutting route 20, east to west corporation limits).

(b)

Industrial district (I-1).

(Ord. 2002-034, passed 5-7-02)

Any off-premise sign lawfully erected and in existence on the effective date of this chapter that does not meet the requirements of this chapter may remain for a period of ten years.

(Ord. 2002-034, passed 5-7-02)

The following regulations shall apply to all off-premise signs in the city:

(a)

No off-premise sign shall be constructed which resembles any official marker erected by a governmental entity, or which by reason of position, shape or color would conflict with the proper functioning of any official traffic control device.

(b)

Off-premise signs shall be constructed in accordance with local and state building and electrical codes.

(c)

Off-premise signs shall be regularly maintained in good and safe structural condition.

(d)

No off-premise sign shall be located on a property without the consent of the property's owner or legal representative.

(e)

The general area in the vicinity of any freestanding sign on undeveloped property shall be kept free and clear of sign materials, debris, trash and refuse.

(f)

Off-premise signs shall be constructed such that messages erected on said signs do not face residential districts.

(g)

Off-premise signs shall be taken down and/or dismantled when an advertised business is no longer in business.

(h)

Sizes of off-premise signs shall be regulated as follows:

(1)

The maximum area for any one face of an off-premise sign shall, except for I-1 district, not exceed 72 square feet excluding the base or apron, trim supports and other structural elements. Temporary embellishments shall not be allowed.

(2)

Off-premise signs may be back-to-back, double faced and V-type with not more than two faces to each facing and such structure shall be considered as one off-premise sign.

(3)

An off-premise sign shall have a maximum height not to exceed 20 feet above grade level of the roadway to the top of the sign face, as measured from the centerline to which the sign is oriented.

(i)

Spacing for off-premise signs.

(1)

No off-premise sign may be established within 500 feet of any other off-premise sign, measured along the street or highway to which the sign is oriented.

(2)

Spacing from directional and official signs, on-premise signs, or from any other sign which does not constitute an off-premise sign shall not be counted nor shall measurements be made from such signs for the purpose of determining compliance with these spacing requirements.

(3)

The minimum distance between an off-premise sign and a residential district shall be 500 feet.

(j)

Setback requirements of off-premises signs shall be as follows:

(1)

Front: A minimum setback of ten feet is required from the right-of-way for any off-premise sign, regardless of zone.

(2)

Side: A minimum setback of ten feet is required from side lot line for any off-premise sign, regardless of zone.

(3)

Rear: A minimum setback of ten feet is required from rear lot line for any off-premise sign, regardless of zone.

(4)

Off-premise signs erected on the wall of buildings shall not project more than 18 inches from the wall to which it is attached and shall not be mounted perpendicular.

(k)

Off-premise signs may be illuminated subject to the following restrictions:

(1)

Signs that contain, include, or are illuminated by a flashing, intermittent, or moving light or lights are prohibited.

(2)

Electronic variable message signs giving public information such as, but not limited to: Time, date, temperature, weather, or other similar information, and commercial electric variable-message signs which function in the same manner as multiple-faced signs are permitted, provided such signs do not interfere with traffic safety and do not resemble or simulate traffic control or safety devices or signs.

(3)

Signs must be effectively shielded to prevent beams or rays from being directed toward any portion of the traveled ways, and must not be of such intensity or brilliance to cause glare or impair the vision of the driver of any motor vehicle or otherwise interfere with any driver's operation of a motor vehicle.

(4)

No sign shall be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

(l)

Contractors; licensing requirements. No person may engage in the business of erecting, altering, relocating, constructing or maintaining signs without a valid city local zoning certificate and state and federal licenses.

(Ord. 2002-034, passed 5-7-02)

No person shall locate, erect, construct, reconstruct, enlarge, change, maintain, or use any sign in violation of any regulation thereto adopted by the council. Any person, firm or corporation violating any regulation in or any provision of chapter 1157, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $50.00. Each and every day, during which the illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues, may be deemed a separate offense.

(Ord. 2002-034, passed 5-7-02)