The intent of this article is to further the purpose stated in Article I and is designed to govern the effective use of signs as a means of communications; to protect and promote the public health, safety and welfare by governing the type, number, location, physical dimensions, setback and other standards to signs in each of the use districts established in this Ordinance; to prevent the disruptions, obstructions and hazards to vehicular and pedestrian traffic that signs may cause; to minimize the possible adverse effect of signs on nearby public and private property; and to encourage a positive visual environment in harmony with the natural beauty of the City of Daphne.

The following apply:

(a)

General prohibition:

(1)

Signs prohibited: No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered, maintained, or relocated, until a permit has been issued by the code enforcement officer. Before any permit shall be issued an application on prescribed forms, which shall indemnify and hold harmless the City of Daphne of all damages, all demands or expenses of every character which may in any manner be caused by the erection and use of said sign or sign structure, shall be filed together with drawings and specifications as may be necessary to fully advise and acquaint the code enforcement officer with the location, size, construction, materials, manner of illuminating, and securing or fastening, and the number of signs being requested. The applicant is required to provide all necessary information in order for the code enforcement officer to determine if the sign is an "on-premises" or "off-premises" sign.

A decision by the code enforcement officer shall be made within thirty (30) calendar days from the date the application is received. If no decision is made within the thirty-day period, the applicant has the right to seek a decision from the board of zoning adjustment pursuant to article XXI, section 21-1(f). Further, an application for a business license shall be a prerequisite for applying for a sign permit.

(2)

Electrical permit requirement: All signs which are electrically illuminated by neon or by any other means shall require a separate electrical permit and inspection. Each sign requiring a permit shall be clearly marked with the permit number and the name of the person or firm placing the sign on the premises. The absence of a proper ID tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of this Ordinance.

(3)

Size restrictions applicable: Any permitted sign shall be subject to the size and height limitations imposed by this Ordinance for the district in which said sign is located, except as otherwise provided herein.

(4)

Right-of-way placement prohibited: No outdoor advertising sign or sign structure shall be placed upon any street or highway right-of-way, except as otherwise provided herein.

(5)

View obstruction prohibited: No outdoor advertising sign or sign structure shall be located in such a manner as to materially impede the view of any street or highway intersection.

(6)

Ingress/egress impediment prohibited: No outdoor advertising sign shall be erected, relocated or maintained so as to prevent free ingress/egress from any door, window, or fire escape.

(Ord. No. 2014-12, § I, 4-7-14)

The following apply:

(a)

Minimum height requirements: No portion of any outdoor advertising sign shall be less than nine (9) feet above the level of a sidewalk or other pedestrian thoroughfare, nor shall be less than fifteen (15) feet above the level of a public driveway, alley or street.

(b)

Aesthetic standard: Signs shall be harmonious with the environment and with the nature of our special local characteristics of site, aesthetic tradition, and development potential. Signs made of natural woods and materials, featuring earth tones and indirect external lighting are encouraged to reflect the natural beauty of our mostly residential and recreational area.

(c)

Time requirements: A sign permit shall be null and void if the sign for which the permit was issued has not been completed and erected within a period of six (6) months from the date of issuance of the permit.

Any sign in existence on the date of adoption of this Ordinance that is not in conformance shall be considered a nonconforming sign and shall be permitted to continue to exist subject to the following conditions and this section shall also apply to the prohibitions set forth in section 33-6, Signs prohibited in all districts.

(a)

Grandfather clause, legal nonconforming signs:

(1)

Existing off-premises signs and billboards: At such time as any existing off-premises sign or billboard is removed or destroyed the replacement sign or billboard shall be in conformance with the provisions of this Ordinance. No new off-premises signs or billboards will be permitted in any zone. A permit shall not be issued for any on-premises sign for any premises on which there exists a grandfathered off-premises sign or billboard until the off-premises sign or billboard is permanently removed.

(2)

Legal nonconforming sign status: Any sign located within the corporate limits prior to the enactment of the Land Use and Development Ordinance, September 21, 1987, or located on property prior to its annexation, which does not conform to the provisions as set forth by this Ordinance, is eligible for characterization as a "legal nonconforming" sign and is permitted, provided there is only one (1) ground-mounted, on-premises sign, and all other signage is in conformance with these regulations. A permit for a legal nonconforming sign shall be obtained prior to the date when the next business license is due.

(b)

Loss of legal nonconforming status: A legal nonconforming sign shall immediately lose its legal nonconforming status and must come into conformance upon the following:

(1)

Amortization schedule: Legally nonconforming signs shall be either removed, replaced with a conforming sign by January 1, 2005, or a date three (3) years from the date in which the property is annexed into the corporate limits.

It is intended that this provision shall ensure that those who hold legally nonconforming status will recoup initial investment costs and remaining useful life of such signs. It is further intended that this provision shall not deprive any owners of property rights without just compensation so as to avoid the occurrence of a taking.

It is envisioned that the time period allotted herein shall allow for amortization and depreciation of such signs based upon the following factors:

Initial investment costs, remaining useful life, length of time of ownership of the premises, the sign thereon, maintenance expenditures, cost of removal, and replacement.

(2)

Structural alteration, abandonment, discontinuation, relocation or replacement: If such sign is, after the date of adoption of this Ordinance, structurally altered, abandoned, discontinued, relocated or replaced, including the result of an act of God.

(c)

Additional permits prohibited: No permits for additional signs shall be issued for any premises on which there are nonconforming signs.

(d)

Building permit provision: Wherever a building permit is required for any kind of improvement to a building, structure or land attached to which or on which there exists any nonconforming sign(s), then all signs attached to the building or structure or on the land, shall be replaced with a sign or signs that conform to the requirements of this Ordinance.

(e)

Destruction/structural deterioration: If any nonconforming sign is removed or destroyed or becomes fifty (50) percent or more structurally deteriorated as determined by the code enforcement officer, then the replacement sign shall conform to the requirements of this Ordinance.

(f)

Mandatory compliance: Any nonconforming sign which is neither grandfathered nor permitted as a "legally nonconforming sign" according to subsection (a) of this section and which is prohibited under section 33-6, Signs prohibited in all districts of this Ordinance shall be removed or made to conform to this Ordinance within ninety (90) days of the date of adoption of this Ordinance.

(g)

Variance: The board of zoning adjustment may, in special cases and for good reason, and where owing to conditions peculiar to the property and not the result of the actions of the applicant, permit the erection of a sign not in conformance with the requirements of this article.

The board, at its discretion, may require the posting of a bond in sufficient amount to protect the City of Daphne against all liabilities that may result from the erection and use of such sign.

The following signs may be erected or constructed without a sign permit from the code enforcement officer but shall comply with the structural and safety requirements of the current building codes and all other applicable provisions of this Ordinance.

(a)

Traffic signs: Official traffic signs or sign structures, or municipal information signs and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency.

(b)

Vehicle signs: Any sign on a truck, bus, or other vehicle that is used in the normal course of a business for transportation and not for the sole purpose of advertising, except where a vehicle is offered for sale.

(c)

Weather flags: Weather flags for providing information on weather conditions: one (1) set for each premises.

(d)

Commercial real estate signs:

(1)

On undeveloped property.

a.

A commercial real estate sign advertising undeveloped or vacant real property for sale, lease, or rent will be permitted provided the area of each sign shall not exceed sixteen (16) square feet, ten (10) feet in height, is non-illuminated, and is within the confines of the development. An additional commercial real estate advertising sign may be permitted at each street frontage, but shall be no closer than five hundred (500) feet along the same street with no more than four (4) such signs per premises.

b.

In the event that such premises is five (5) acres or greater or abuts Interstate 10 right-of-way said commercial real estate advertising sign shall be allowed up to sixty-four (64) square feet, ten (10) feet in height, is non-illuminated, and is within the confines of the development.

(2)

On developed property. A commercial real estate sign advertising developed real property for sale, lease, or rent will be permitted for each individual business premises, shopping center premises, commercial/ industrial business, subdivision, planned unit development, mobile home park and mobile home subdivision, provided the area of each sign shall not exceed the following:

a.

Ground sign: A commercial/industrial (C/I) and all business zones, (B-1, B-2 and B-3), provided the area of each sign shall not exceed thirty-two (32) square feet, ten (10) feet in height, is non-illuminated, and is within the confines of the development.

b.

Window sign: Indoor signage or window signs which advertise commercial real estate may cover no more than twenty (20) percent of the window glass surface area of the front of the building or portion of the building wherein the window sign is proposed and not to exceed an aggregate area of one hundred (100) square feet.

c.

Wall sign: A commercial real estate wall sign advertising developed real property for sale, lease, or rent will be permitted not to exceed three hundred fifty (350) square feet or thirty (30) percent of the frontal area of the building or portion of the building.

(e)

Residential real estate signs:

(1)

General provisions: Real estate signs, temporary in nature, non-illuminated, not exceeding six-and-one-half (6½) square feet in area, advertising real estate for sale or lease or rent, or announcing contemplated improvements of real estate; one (1) sign for each street frontage will be allowed on the site and shall be removed within ten (10) days, upon closing.

(2)

Violations: Any person who fails to remove the sign(s) within the prescribed time period outlined above shall be fined upon conviction, not less than fifty dollars ($50.00) per sign remaining. Chronic violations may result in the enforcement of article 45, section 45-7, entitled Penalties and Remedies.

(f)

New construction signs:

(1)

General provision: Upon securing a building permit from building inspections for new construction, renovation or expansion of an existing building, and securing a city business license from the revenue department, a non-illuminated signs not more than thirty-two (32) square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress. One (1) such sign, which shall not exceed ten (10) feet in height, either single or double faced, is allowed for each street frontage.

In the event that such premises abuts Interstate 10 right-of-way, said sign shall be allowed up to sixty-four (64) square feet, ten (10) feet in height, is non-illuminated, and is within the confines of the development.

(2)

Construction site identification sign: A sign located on the site of a construction project which identifies the owners, architects, engineers, contractors, mechanics, artisans, craftsmen, financial institutions, and other individuals or firms involved with the construction, but does not include any advertisement of any product, service, or activity, except that such sign may include information regarding sale or leasing, and words announcing the name or character of the building enterprise or the purpose for which the building is intended shall be permitted and where in accordance with general provisions noted above.

(3)

"Coming Soon" sign: An advertising sign calls attention to an establishment, merchandise, product, or service which is sold, provided, manufactured, or furnished on the premise as "Coming Soon." One (1) such sign shall be permitted to the owner for the development for each individual business premises, shopping center premises, commercial/industrial business, subdivision, planned unit development, mobile home park and mobile home subdivision, where in accordance with general provisions noted above.

(4)

Additional provisions for advertising signs: A temporary advertising sign will be permitted to the owner for the development for each individual business premises, shopping center premises, commercial/industrial business, subdivision, planned unit development, mobile home park and mobile home subdivision, provided the area of each sign shall not exceed thirty-two (32) square feet, is non-illuminated, and is within the confines of the development.

(5)

[Name identification sign:] A name identification sign will be permitted on each premises for a new business or a business starting in a new location where the premises is without a permitted permanent sign for a period of not more than sixty (60) days or until mounting of a permanently permitted sign. An under construction, "Coming Soon" or name identification sign may be placed on premise after receiving a permit from the code enforcement officer and approval of a building permit from the building official or a new or amended business license from the revenue officer, as applicable and shall be removed upon issuance of a certificate of occupancy or upon final inspection of the building official, as applicable, but no later than the first day of the grand opening of the facility.

(g)

Political signs: The city, in order to promote the health, safety, convenience, order, prosperity, and general welfare of the residents, to ensure equal opportunity to political candidates during the election process, and to maintain the beauty and natural attraction of the local environment, hereby ordains and enacts into law a sign control ordinance applicable to political campaigns. The requirements of this article shall be supplementary to any other ordinances, rules and regulations of the city and the state currently in force and effect. This article is hereby adopted pursuant to authority granted by Code of Ala. 1975, §§ 11-52-1—11-52-84. The purpose of this article is to establish rules and regulations for sign control during local political campaigns.

(1)

Applicability: Political signs are exempt from the permit requirements of the Land Use and Development Ordinance of the city.

(2)

Painting on or attaching to public property, or utility property: Political signs shall not be erected, constructed, posted or painted on any publicly maintained city, county, state or federal right-of-way, utility pole, tree, bench, fence, awning, or stand pipe; nor attached to any city, county, state or federal roadway marker, directional sign or informational sign.

(3)

Attaching to business or commercial establishment signs: Political signs shall not be attached to any existing identification, announcement or pricing sign for any business or commercial establishment.

(4)

Impeding traffic: Political signs shall not be located in such a manner as to materially impede the view of any street or highway intersection or to adversely affect ingress or egress from parking lots or driveways.

(5)

Districts in which authorized, non-illuminated: Two (2) non-illuminated political signs per lot or parcel may be placed on private property in any zoning district in the city.

(6)

Maximum size in residential districts: Political signs in residential districts shall not exceed four (4) square feet in area or four (4) feet in height.

(7)

Maximum size in business, commercial and industrial districts: Political signs in business, commercial and industrial districts shall not exceed sixteen (16) square feet in area or eight (8) feet in height.

(8)

Use of party balloons: Customary size party balloons imprinted with a political ad may be tethered to any political sign, provided such balloons do not rise more than four (4) feet above the sign to which they are attached and that not more than two (2) such balloons are attached to any one (1) sign.

(9)

Period of placement: Political signs may be displayed for the duration of a campaign and shall be removed within five (5) days following the election. A candidate shall not place signs prior to qualifying to run for office with the qualifying entities administering the election.

(10)

Failure to remove—Fining of candidate: If political signs are not removed within five (5) days after the election, candidates whose names appear on such signs shall be subject to a fine of twenty-five dollars ($25.00) per sign and each day such sign shall continue to be left after the election shall constitute a new offense.

(11)

Same—Removal by city: Any sign found not to be in compliance with the requirements of this article may be removed by city personnel and the candidate whose name appears on such sign shall be subject to a fine of twenty-five dollars ($25.00), for each nonconforming sign.

(h)

Flags: National flags and flags of political subdivision of the United States and flags of bona fide civic, charitable, fraternal, and welfare organizations when displayed from one (1) flag staff per premises in accord with United States Public Law 623 (Flag Display Practice).

(i)

Directional signs and symbols:

(1)

Non-advertising directional signs or symbols (e.g., entrance, exit, caution, slow, no trespassing) located on and pertaining to a parcel of private property, not to exceed two (2) square feet and forty-two (42) inches in height. Such directional signs may have the name of the business, but may not contain advertisements for sales, specials, and the like.

(2)

Property owners associations (POAs): Property owners associations will be allowed to place interior directional signs along city rights-of-way in neighborhoods. Said signs shall be no greater than six (6) square feet and not to exceed forty-two (42) inches in height, constructed of wood material, and sand blasted, carved or other similar lettering, aesthetically designed to harmoniously blend with the surrounding neighborhood.

(j)

Memorial signs and historical markers: Memorial signs and historical markers constructed of bronze, stone or other incombustible material after historical authentication and location is approved by the city council.

(k)

Professional, announcement or occupational signs: One (1) each professional, announcement or occupational sign non-directly illuminated and flat wall mounted, and/or one (1) each outdoor advertising sign for privately-owned premises or business location, provided the area of the sign or the combined areas of both signs, if two (2) signs are erected, does not exceed five (5) square feet, and provided the premises or business location is without a permitted sign. (See Home Occupations, as defined in Article 31.)

(l)

Signs incorporated on machinery or equipment: Signs incorporated on machinery or equipment which advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps, provided the combined area of such signs does not exceed two (2) square feet.

This shall include signs commonly referred to as "Pump Toppers" on top of gasoline pumps and shall be limited to two and one-half (2½) square feet in dimensions. In recognition that parent oil companies often provide said signs to the subsidiary stations, minor deviations in size shall be allowed, subject to the approval of the code enforcement officer.

(m)

Indoor signage or window signs: Indoor signage or window signs which identify or advertise activities, services, goods, or products available within the building, and which collectively cover no more than twenty (20) percent of the window glass surface area.

(n)

Marquee or canopy signs: One (1) each business or professional identification sign mounted to extend vertically below a marquee or canopy, provided its area does not exceed six (6) square feet nor exceed the width of the marquee or canopy nor provide less than nine (9) feet of clearance above the sidewalk or pedestrian thoroughfare.

(o)

Temporary promotional signs: Any on-premises sign with a commercial message, including but not limited to a banner or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board or other light materials, with or without frames, intended to be displayed for a short period of time only.

This definition does not apply to the following: temporary commercial real estate signs, political signs, coming soon signs, under construction signs, real estate builder signs, or subdivision information signs.

(1)

Placement:

(i)

Must be located on premises on private property.

(ii)

Shall not obstruct the view of or impede pedestrian or vehicular traffic along any right-of-way or interior driveway.

(iii)

Shall not be located on accessory structures or buildings.

(2)

Prohibitions:

(i)

Bench signs, ladder-type signs, sign walkers, snipe signs and any portable or moveable sign that is not expressly allowed in the sign provisions.

(ii)

Signs in a state of disrepair and poorly maintained.

(3)

A-frame sandwich board signs: An A-frame sandwich sign is defined as a movable on-premises sign not secured or attached to the ground and has two (2) faces connected at the top by a hinge mechanism that allows the base to be expanded outward to form an "A" shape, used to display products, services, menu items, daily specials, upcoming events or to advertise sales or bargains.

(i)

One (1) A-frame sandwich board may be allowed per primary entrance unless in multi-tenant establishment with common entry way. Only one (1) per building per entrance per street frontage.

(ii)

Said sign placement should not obstruct view or flow of pedestrian or vehicular traffic.

(iii)

One (1) such sign allowed within twenty (20) feet of the front entrance of single tenant establishment.

(iv)

For a multi-tenant establishment with one (1) common entry way, A-frame sandwich boards are disallowed.

(v)

A multi-tenant establishment with individual exterior entry may be allowed within five (5) feet of that entrance.

(vi)

Sign faces added together shall be no greater than twenty-five (25) square feet in area.

(vii)

Each A-frame sign as permitted herein shall be moved and properly stored out of sight during non-business hours and/or inclement weather and shall be used during hours of business only.

(4)

Advertising package for retail and commercial establishments: Advertising package for retail and commercial establishments may only be displayed in accordance with the provisions listed herein.

(i)

A weekend advertising package may be displayed as follows:

a)

No earlier than 6:00 a.m. on Friday, the following Saturday and Sunday, as well as Monday, if such Monday should coincide with a national holiday and/or any other state recognized holiday.

b)

All items shall be removed from the premises at the close of the final business day of the weekend or at the close of the business day on Monday, should Monday fall on a holiday the requirements outlined above shall apply.

c)

Advertising package may include no more than three (3) of the following items:

1.

Balloons;

2.

Yard signs—Three (3) yard signs count as one (1) item;

3.

Pennants—Three (3) sets count as one (1) item;

4.

Streamers—Three (3) sets count as one (1) item;

5.

Bunting—Three (3) sets count as one (1) item;

6.

Flags—Flags used for this purpose shall be separated by a minimum distance of twenty (20) feet; or

7.

One (1) promotional banner not to exceed sixteen (16) square feet in size may be located at each street frontage.

(ii)

A holiday advertising package for retail and commercial establishments may only be displayed as follows:

a)

May commence display no earlier than 6:00 a.m. on a national holiday and/or any other state recognized holiday.

b)

All items shall be removed from the premises at the close of the final business day of said holiday and in compliance with weekend holiday advertising as described above.

c)

A holiday advertising package may include no more than three (3) of the following items:

1.

Balloons;

2.

Yard signs—Three (3) yard signs count as one (1) item;

3.

Pennants—Three (3) sets count as one (1) item;

4.

Streamers—Three (3) sets count as one (1) item;

5.

Bunting—Three (3) sets count as one (1) item;

6.

Flags—Flags used for this purpose shall be separated by a minimum distance of at least twenty (20) feet;

7.

One (1) tethered inflatable three-dimensional (3-D) object as prescribed in subsection 33-10(g) Promotional banners, large promotional tents and tethered three-dimensional inflatables; or,

8.

One (1) promotional banner not to exceed sixteen (16) square feet in size may be located at each street frontage.

(p)

Small promotional tents: Promotional tents may also be known as either outdoor pop-up tent, tent sign promotion, branded promotional tent, branded outdoor pop-up tent, branded tent sign promotion, logo, promotional, marketing, branding, open air tent or stand. A small promotional tent is equal to or less than one hundred forty-four (144) square feet in area and may be allowed without obtaining a permit from the code enforcement officer. Promotional tents exceeding this size shall not be erected until a permit has been issued by the code enforcement officer in accordance with the provisions in subsection 33-10(g) Promotional banners, large promotional tents and tethered three-dimensional inflatables.

(q)

Decorative street banners:

(1)

One (1) decorative street banner may be placed on each light standard (ex. light pole or street lamp) on any school or religious campus, business park, office park, retail shopping center and/or commercial park, provided that the same are maintained in good condition. Said decorative street banner must be posted on-premises on private property and shall not advertise products, goods or services.

(2)

Each decorative street banner shall be no more than thirty (30) inches in width or sixty (60) inches in length, must be professionally produced and made of canvas, vinyl, nylon or cloth material, and must maintain a minimum clearance of twenty (20) feet from the land below.

(3)

Only the City of Daphne shall have the right to post a street banner upon a public right-of-way.

(Ord. No. 2014-11, §§ 2.01—2.07, 2.09—2.12, 3-17-14; Ord. No. 2014-12, §§ II, III, 4-7-14)

The following signs are prohibited in all districts:

(a)

Prohibited placement: Any sign erected or painted upon a sloped roof, fence, tree, stand pipe, fire escape, or utility pole, except the manufacturer's or installer's ID plate shall not exceed five (5) by eight (8) inches in size.

(b)

Prohibited wording: Any sign which uses the word "Stop" or "Danger" prominently displayed and/or which is a copy or imitation of official traffic control signs.

(c)

Flashing signs prohibited:

(1)

General prohibition: Signs which contain intermittent illuminations are prohibited.

(2)

Exceptions: This subsection does not prohibit the following:

(a)

Signs required for traffic control.

(b)

Signs which exhibit time, date, temperature, and other customary public information.

(c)

Signs which contain intermittent illuminations provided the change is less than twelve (12) times per hour.

(d)

Prohibited sign types: Portable signs; bench signs; snipe signs; ladder-type signs; sign walkers; and, sandwich signs, except as allowed in section 33-5(o)(3), A-frame sandwich board signs.

(e)

Prohibited sign effects: Signs which produce sound, noise, cause interference with radio, telephone, television or other communication transmission, produce or reflect motion pictures; emit visible smoke, vapor, particles, odor, are animated, or produce any rotation, motion, or movement.

(f)

Billboards and off-premises signs: Billboards and off-premises signs as defined in this Ordinance.

(g)

Vehicle advertisement: Any sign attached to or painted on a vehicle parked adjacent to or on a public right-of-way, thoroughfare, or public parking lot dedicated for public use for the principal purpose of advertising.

(h)

Illuminated tubing:

(1)

General prohibition: Any illuminated tubing or strings of lights that outline property lines, sales area, roof lines, doors, windows, wall edges, similar areas or other architectural features of a building.

(2)

Exception: This prohibition shall not apply to temporary displays erected in connection with holiday decorations and community decorations.

(3)

Grandfather clause: Any illuminated tubing located within the corporate limits prior to the enactment of this Ordinance is hereby grandfathered, provided however, that a permit for which no charge will be made is obtained for the illuminated tubing prior to the date upon which the next City of Daphne business license is due. Upon obtaining such permit, the business shall be granted "legal nonconforming" status as described in section 33-4, subsection (a), and shall be subject to the restrictions and provisions for loss of legal nonconforming status as set forth in section 33-4, subsection (b).

(Ord. No. 2014-11, § 3.0, 3-17-14)

(a)

General maintenance requirement: All signs shall be maintained in good condition and appearance.

The code enforcement officer, after due notice in writing to the owner, may remove, at the owner's expense, any sign which shows neglect or which appears abandoned, dilapidated, or dysfunctional, or an area of a distance ten (10) feet around such sign that is not kept free of weeds, rubbish, debris, or uncut grass, and maintained in compliance with city standards.

(b)

Vacation of premises: Any sign associated with premises that have been vacated shall be either removed from the premises by the owner or lessee with three (3) months of the time of vacation, or said sign shall be altered or resurfaced by the owner or lessee within the same time period so that it does not display letters, numerals, symbols, figures, designs, or any other device for visual communication that would pertain to the activity formerly associated with the vacated premises.

(c)

Public right-of-way: The code enforcement officer shall remove or cause to be removed any sign erected or maintained on any public right-of-way within the city, or which is in violation of any of the provisions of this Ordinance.

(d)

Penalty for violation: The erection or maintenance of any sign in violation of this Ordinance is a misdemeanor and shall be subject to the penalties set forth in Article XLV, Penalties and Remedies.

When the owner of real property allows it to be used by the public for the purpose of vehicular traffic and/or as a public or quasi-public parking lot for the use of customers, tenants or employees of said property, the owner shall erect and maintain all traffic control signs and other devices in accordance with the Alabama Manual on Uniform Traffic Control Devices, and any revisions thereof. In addition, the owner shall meet the requirements of Code of Ala. 1975, § 32-5-31(a), with respect to local authorities in their respective jurisdictions.

(a)

Criteria: That in any business park, office park, commercial park, and/or municipal facility, as distinguished from retail shopping centers for which such shall be specifically prohibited information/directional signs may be permitted subject to the following:

(1)

That information/directional signs shall be permitted at locations as more specifically referenced herein, subject to prior licensing approval by the code enforcement officer;

(2)

That information/directional signs may be placed at a primary entrance to such business park, office park, commercial park, and/or municipal facility;

(3)

That information/directional signs may be placed on public rights-of-way, on public places, and/or private property which private property may be common area servicing the business park, office park, or commercial park located within the park;

(4)

That each information/directional sign may be single or double faced, and shall not exceed fifteen (15) feet in total height from ground level, which height shall include the city's identification logo with color to match to the existing logo at the top of the sign.

Such information/directional sign shall not have a total area in excess of fifty (50) square feet, excluding the city logo and shall not contain more than twelve (12) eight-inch panels, with each panel to be six (6) feet long. Each individual directional sign panel shall not include the city's identification logo. Each information/directional sign shall be appropriately landscaped with circumference of not less than three (3) feet around the base of the sign with bedding and appropriate seasonal planting.

(5)

That each individual information/directional sign panel shall list only those users located within such business park, office park, commercial park, and/or municipal facility and shall be designed to provide directional assistance to travelers or otherwise only to identify users located within such business park, office park, and/or commercial park.

(6)

That the city shall have final approval for the location, material, content, color, and design of the signs and individual panels, whether the information/directional sign is located on public or private property.

(7)

That when the informational/direction sign is to be located on public property, the city shall be responsible for the erection, operation, content, and maintenance of each sign. The city may impose fees and enter into such written agreements for one-year intervals with interested businesses for the construction, installation and maintenance of such information/directional sign.

(8)

That when the informational/direction sign is to be located on private property, all costs for construction, installation, design, and maintenance shall be incurred by the applicant.

(9)

That information/directional signs shall not be considered a sign of any user, including users who own the land upon which the information/directional sign is located for purposes of determining the maximum number of signs, as otherwise permitted under section 33-11, Schedule of permitted sign requirements, of this Ordinance.

(10)

That such information/directional signs shall not be located in such a manner as to materially impede the view of any street or highway intersection, nor shall such sign be located so as to prevent free ingress or egress from any door or window for a fire escape route.

(b)

Issuance of permits and approval:

(1)

That the city clerk's office and/or code enforcement officer shall establish suitable forms and documentation to authenticate the issuance of such permit as approved by the city from time-to-time. Such permit for the placement of such sign shall be for a one-year interval subject to renewal annually from the initial issuance with the permitting to be re-approved by the city council.

The city may deny the re-issuance of the information/directional sign permit should the sign and surrounding landscaping not be maintained in a satisfactory fashion during the preceding year.

(2)

That should a private owner of such sign allow the sign or landscaping to become in disrepair or to otherwise be unkempt, the code enforcement officer shall provide the permitted owner thirty (30) calendar days written notice to correct the deficiency to the satisfaction of the code enforcement officer. Should the permitted owner not complete the remedial work within thirty (30) calendar days, the city may upon thirty-day notice thereafter revoke the permit of the owner and order the removal of the sign. Should the owner fail and/or refuse to remove the sign after the thirty-day time period, the city may enter upon the real property where the sign is situated for the limited purposes to effectuate the removal of the sign, and the cost incurred by the city for removal shall be taxed against applicant.

(c)

Sign construction: All signage utilized in accord with the provisions of this Ordinance, shall be constructed in accordance with the following:

That all upright posts shall be eight (8) inches by eight (8) inches treated wood, embedded in the ground a minimum of four (4) feet, surrounded by a minimum circumference of six (6) inches of three thousand (3,000) psi concrete.

(1)

That all two (2) inches by twelve (12) inches treated wooded wooden cross supports shall be pinned together and routed into the eight (8) inches by eight (8) inches wooden posts, and then lag bolted into each post from the outside.

(2)

That the city logo panel shall be constructed of sand blasted sign foam and painted pursuant to the standard color scheme of the logo.

(3)

That all wooden posts and cross supports shall be painted black in color.

(4)

That each individual sign panel shall be white plastic with appropriate colored lettering selected by the user.

The following signs may be erected or constructed upon the issuance of a sign permit from the code enforcement officer and shall comply with any structural and safety requirements of the current building codes and all other applicable provisions of this Ordinance.

The maximum allowable square footage established in each zoning designation and/or overlay district shall apply as provided in each district. Said allowable area shall not be exceeded. In the event that channel letters, as defined in Article 8, Definitions, are proposed, then the maximum allowable square footage shall be calculated at a rate of eighty (80) percent in lieu of the standard rate of one hundred (100) percent.

Unless otherwise specified herein, the Schedule in section 33-11 contains requirements for signs permitted in each use district.

(a)

Property owners association: Signs conveying information regarding association activities and/or the use of common areas and other amenities of an incorporated property owners association may be permitted subject to approval of the planning commission.

Such signs shall be of a material and design approved by the planning commission and shall not exceed thirty-five (35) square feet in area nor be greater than six (6) feet in height with changeable copy on no more than two (2) faces. Signs so permitted may be placed at up to a maximum of four (4) locations only within the subdivision on common property owned by the property owners association.

(b)

Name indication signs:

(1)

Signs indicating the name of any fixed dwelling or mobile home subdivision; mobile home park; apartment, townhouse, condominium or planned unit development; office park, shopping center, industrial park or other residential or business complex permitted in any district; and signs for any use permitted by right, with planning approval, or special exception in any residential district, are permitted.

(2)

Such signs shall not exceed fifty (50) square feet in area per face, two (2) faces, and a maximum of twenty-one (21) feet in height. One (1) such sign may be placed perpendicular to each city street frontage to be served.

(3)

Premises classified as "General Business (Shopping Center)" in section 33-11 Schedule of permitted sign requirements, shall be permitted one (1) sign, the area of which shall be determined according to the following formula: one (1) square foot of signage per thousand (1,000) square feet of the building; however, such sign shall not exceed one hundred fifty (150) square feet in area per face, two (2) faces, fifteen (15) feet in width, and a maximum of twenty-one (21) feet in height. Additionally, those so classified shall be permitted one (1) sign not to exceed fifty (50) square feet in area per face, two (2) faces, maximum of twenty-one (21) feet in height. One (1) such sign may be placed perpendicular to each city street frontage to be served, of which is not supporting the larger sign.

(4)

One (1) three-dimensional logo sign or emblem may be used in lieu of the above mentioned freestanding name identification sign except for establishments with multiple city street frontages. Such sign is prohibited in a multi-tenant arrangement or general business (shopping center). Any off-premises 3-D logo sign(s) and advertising statuary sign(s) shall be prohibited.

(a)

The maximum height shall not exceed four (4) feet and the maximum area shall not exceed sixteen (16) square feet. The supporting pedestal or base shall not exceed a height of two (2) feet or a width of four (4) feet. Where allowed, one (1) such sign may be placed perpendicular to each city street frontage to be served. In the event that the business has multiple street frontages, one three-dimensional logo sign or emblem may be utilized on one (1) frontage and a freestanding sign may be placed [on] additional road frontages. The minimum setback of which shall be no less than fifteen (15) feet from the nearest property line.

(b)

Measuring three-dimensional logo sign or emblem. Three-dimensional or irregularly-shaped signs shall be measured by determining the surface area of the face of a minimum imaginary rectangle parallel to the plane of view that completely encloses all of the extremities of the largest side of the sign, excluding its supports. The rectangle shall enclose the extreme limits of each word and written representation, including any series of letters, emblems or figures of similar character, including all frames, face plates, nonstructural trim or other component parts not otherwise used for support.

(5)

Signs permitted under section 33-10 shall require a permit, except as otherwise provided herein.

(c)

Wall-mounted signs: Each establishment in a shopping center or each business premises in B-1, Local Business, B-1(a), Limited Local Business, B-2, General Business, B-3, Professional, and C/I, Commercial/Industrial, districts may acquire an additional permit for a wall-mounted sign of a size not to exceed the lesser of three hundred fifty (350) square feet or thirty (30) percent of the surface frontal area of its building or portion of building.

(d)

Menu type signs: One (1) menu type sign per drive-thru window service not to exceed forty (40) square feet in area or eight (8) feet in height.

(e)

Automobile dealerships: Automobile dealerships in the sale of the new vehicles shall be subject to the following:

(1)

Numerical limitation: In addition to the allowed one (1) sign per street frontage, one (1) secondary ground sign per street frontage shall permitted only if two (2) or more automotive product lines (automotive makers) are offered for sale on the premises.

(2)

Area limitation: The maximum area of the face for a secondary ground sign shall not exceed twenty-four (24) square feet and not higher than ten (10) feet above ground level.

(f)

Gasoline and fuel signs: Gasoline or other motor vehicle fuel pricing signs, in addition, to permitted name or identification signs, are permitted in any business or industrial district. Such signs shall not exceed twelve (12) square feet in area and must comply with the other sign requirements for the district in which they are located.

(g)

Promotional banners: A promotional banner is a strip of cloth, paper, canvas, or similar material, on which a professionally printed message, slogan or emblem is painted, drawn or otherwise projected, colored or shaped with only such material for a backing for the purpose of advertising or drawing attention to a product, object, facility, activity or idea. A banner may be used to advertise a unique event or special recurring business marketing promo and to be removed upon completion of that event and/or promotion.

(1)

The promotional banner is not intended to replace a permanent business identification sign nor to circumvent the sign permit application process.

(2)

A single tenant building and/or multi-tenant building with individual entrances shall be allowed to utilize a sixteen (16) square foot promotional banner for up to twenty-eight (28) days per calendar year. The business shall acquire a no cost permit from code enforcement prior to posting the promotional banner. Said temporary banner use shall not count against any promotional weekend, holiday, or event as allowed by Council.

(3)

Said banner may be located as follows: attached, connected or tethered to the building facade; or, supported by stakes or other similar devices. No banner may be located in the road right-of-way or alleyway; or located so as to obstruct the view or impede pedestrian or vehicular traffic. A plot plan showing the proposed location of the banner and the distance from the nearest property lines and public right-of-way shall accompany the permit application.

(4)

One (1) promotional tent greater than one hundred forty-four (144) square feet in area may be used upon obtaining a permit from the code enforcement officer for no more than ninety (90) days per calendar year. Said tent should be located within the minimum setbacks of the property and sufficiently anchored or tethered to ensure safety. A plot plan showing the proposed location of the tent and the distance from the nearest property lines and public right-of-way shall accompany the permit application. Small promotional tents or those equal to or less than one hundred forty-four (144) square feet in area are exempt from these provisions.

(5)

One (1) tethered inflatable three-dimensional (3-D) object may be used upon obtaining a permit from the code enforcement officer for no more than ninety (90) days per calendar year. Said inflatable shall be setback at least one hundred (100) feet from the property line. The maximum height shall not exceed fifty (50) feet. A plot plan showing the proposed location of the 3-D tethered inflatable and the distance from the nearest property lines and public right-of-way shall accompany the permit application.

(6)

Either one (1) promotional tent or one (1) tethered inflatable three-dimensional (3-D) object may be allowed at one (1) time. A promotional tent greater than one hundred forty-four (144) square feet shall not be erected at the same time that a tethered 3-D inflatable object is displayed.

(h)

Grand openings, grand re-openings, and conventions marketing packages:

(1)

Upon obtaining a permit from the code enforcement officer, one (1) marketing package as described herein is allowed per street frontage for each lot, business or residential development.

(2)

In the event of a grand re-opening of an existing business, a marketing package may be allowed for a duration of fourteen (14) days.

(3)

In the event of a grand opening of a new business, a marketing package may be allowed for a duration of thirty (30) days.

(4)

Any convention marketing shall be on premise and may be on display for a time commensurate with and remain for the duration of the convention.

(5)

A grand opening marketing package may include a combination of five (5) of the following marketing signs:

a.

One (1) promotional not to exceed thirty-two (32) square feet in size may be located at each street frontage;

b.

Promotional flags shall be separated by at least twenty (20) feet;

c.

One (1) tethered inflatable three-dimensional (3-D) object, the maximum height shall be no more than fifty (50) feet, and shall be setback at least one hundred (100) feet from the property line; and,

d.

Three (3) other items from the following list:

(1)

Balloons; or

(2)

Yard signs—Three (3) yard signs count as one (1) item;

(3)

Pennants—Three (3) sets count as one (1) item;

(4)

Streamers—Three (3) sets count as one (1) item; or,

(5)

Bunting—Three (3) sets count as one (1) item.

(i)

Public interest directional signs: A permanent or temporary sign, erected on private or public property, not exceeding six (6) square feet to denote the route to any city, town, village, historic or religious place, shrine, public building or facility, school, hospital, health care facility, public meeting, or public event when authorized by the City Council.

(j)

Electronic signs:

General prohibition: Electronic signs are prohibited within the corporate limits with the following exception(s):

(1)

Electronic signs for business or religious establishments: Business or religious establishments shall be allowed to maintain an electronic sign on premise for the purpose of advertisement for that business or establishment provided that such sign complies with the following provisions.

a.

Sign permit and landscaping required:

(1)

Any electronic and/or digital sign or sign component shall obtain a permit from the code enforcement officer prior to installation. No electronic or digital sign shall be considered properly installed unless associated landscaping has been implemented in accordance with a landscape plan approved by the director of community development.

(2)

A landscape plan designed by a qualified professional shall be submitted to the department of community development prior to or at the same time as the sign permit application is submitted to the code enforcement officer. Disapproval of the landscape plan may result in disapproval of the sign permit or a delay in approval thereof. Any disapproval of a landscaping plan expressly associated with the installation of an electronic or digital sign shall be appealed to the board of zoning adjustment.

(3)

Any landscaping expressly associated with a permit application for a digital or electronic sign shall include at least the following items:

1.

A minimum of two (2) understory (medium) trees three (3) inches in caliper and eight (8) feet in height at planting to be planted on each side of the monument sign post. It is recommended that trees be obtained from a licensed source.

2.

Multi-stemmed understory trees shall be a minimum of ten (10) feet in height and must have at least three (3) stems; each with a minimum caliper of three-fourths (¾) inches. Shrubs pruned into tree form variations shall not be credited toward tree planting requirements. On-site trees of adequate size may be credited toward these requirements if said trees provide adequate aesthetic value to the landscaping.

3.

Foundation planting shall be placed at the base of monument sign. Shrubs shall be a minimum of three (3) gallons at planting, but should be of a variety that will not grow to obstruct view of the sign. These include, but are not limited to the following: Ligustrum, Indian Hawthorn, Tree Yaupon and Camellia. Ground cover planting shall be established with pots sized four (4) inches or greater. Grass shall be composed of solid sod. Seed and mulch shall not be accepted.

b.

Prohibited locations: Electronic signs shall be prohibited in Olde Towne Daphne Overlay, in any residential zone district, except a use permitted by special exception of the board of zoning adjustment (for example a church, hospital, school or similar use) may be permitted subject to planning commission approval, in a mixed use zone district and off-premises.

c.

Prohibited effects:

(1)

Scrolling or traveling of a message on changeable copy is prohibited.

(2)

Image shall be static, shall not be animated, intermittent, and/or full video. Flashing, strobing, and/or racing shall be prohibited. No sign can be designed or displayed to imitate traffic safety lights and/or signs.

(3)

Changeable copy shall not appear to flash, undulate, pulse, blink, expand, contract, bounce, rotate, spin, twist, or otherwise move.

(4)

No animation, no sequential messaging, no streaming video, no sound, no sequencing to appear as motion.

d.

On-premises digital and/or electronic sign provisions: The following provisions shall apply:

(1)

May be incorporated into the body of a monument sign and shall not be placed at any other location on site; shall not exceed sixty (60) percent of the monument sign or pylon sign face; shall not exceed thirty (30) square feet per sign face.

(2)

Any monument sign that incorporates digital and/or electronic signage shall not exceed twelve (12) feet in height. No pylon sign shall be permitted to incorporate digital and/or electronic signage as such is prohibited in the City of Daphne.

e.

Mode of operation: The following describes the means in which an electronic sign may operate:

(1)

Changeable copy: A digital sign shall only display a static image and, there shall not be a transition between messages. A message change may occur once every thirty (30) seconds.

Images and messages must be complete in themselves without continuation in context to the next image or message or to another sign.

f.

Brightness:

(1)

All electronic signs shall have functioning ambient light monitors and automatic dimming equipment which shall at all times be set to automatically reduce the brightness level of the sign proportionally to any reduction in the ambient light. In no event shall an illuminated digital sign emit more than six thousand (6,000) nits per foot candle in full daylight and three hundred (300) nits/foot candle between dusk and dawn.

(2)

Settings or interface controlling settings must be made available to code enforcement upon request. Settings shall include but are not limited to any settings or schedules related to brightness, luminosity, copy change or other settings which could affect compliance with electronic sign provisions as set forth in this ordinance.

(3)

Regardless of any other requirement, illuminated signs shall not project light that exceeds one-tenth ( 1/10 ) of a foot candle above the ambient light at any property line bordering any residential zone district.

(4)

Sign must be designed and equipped to freeze the device in one (1) position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the display when notified by the city that it is not complying with the standards of this ordinance.

(2)

Public entities, limited to the Daphne Civic Center, Recreation, and Library Complex and schools of the Baldwin County School System shall be allowed to maintain electronic signs on the premises of such entities for the sole purpose of providing (1) Information regarding onsite activities or (2) community information of general public interest (i.e.: city council meetings, public service announcements (P.S.A.s), provided, however that such signs comply with the following requirements:

(a)

Size:

(1)

Signs shall be of the monument style.

(2)

Signs shall not exceed ten (10) feet in height.

(3)

Sign area shall not exceed fifty (50) square feet.

(4)

Electronic display area shall not exceed thirty (30) square feet.

(b)

Electronic display method: Information shall be displayed via simple fade in/fade out manner.

(c)

Time:

(1)

Each message must be displayed for a minimum of twenty (20) seconds.

(2)

Commercial advertising:

(a)

Prohibition: In no case, however, is commercial advertising permissible within the electronic display area of any electronic sign facing a public road, in front of a school or public building, or on or around the supporting structure of the sign.

(k)

Interstate corridor signs: One (1) "Name Indication" sign shall be allowed for any lot or parcel of property having a minimum of two hundred (200) feet of frontage space parallel, abutting to or otherwise sharing a common boundary line with Interstate 10 and/or interstate right- of-way, when a right-of-way that has no property other than a city, county, or state right-of-way between the subject real property and the interstate right-of-way. No sign shall be erected on any lot or parcel containing less than two hundred (200) feet of said frontage space. The sign shall be located at or very near the interstate right-of-way of the parcel, and shall contain no more than two hundred and fifty (250) square feet of signage.

Said sign shall be no greater than forty (40) feet in height, measured from the finished grade of the property and shall be no greater than twenty (20) feet in width. Any proposed sign to be erected shall be subject to the approval of the planning commission.

(l)

Commercial/retail development interior street signs: Inasmuch as commercial developments continue to arise within the city limits which contain private interior streets with retail and/or business space being located on both sides of said private interior streets, advertising signs shall be allowed to be placed at each end of the private interior street. Said sign shall be either a monument, street lamp, or hanging sign style. Said signs shall be limited to thirty (30) square feet on each side of the sign, regardless of the number of businesses located on said private interior street.

Monument style signs shall be no higher than five (5) feet, and street lamp style signs shall be no higher than twenty (20) feet, both to be measured from the finished grade. Any proposed sign to be erected shall be subject to the approval of the planning commission.

(m)

Real estate builder/subdivision directional signage: Inasmuch as residential developments continue to arise within the city limits, real estate builder advertising signs shall be allowed to be placed at each entrance to the subdivision with a permit from the code enforcement officer and in accordance with the following conditions:

(1)

Each real estate builder/subdivision directional sign shall be located on private property not in the right-of-way; and,

(2)

The permit for such sign is subject to annual renewal when maintained in good repair; however, all signs shall be removed by the permit holder when no additional lots are available for sale; and,

(3)

Said sign shall not exceed thirty-two (32) square feet. No more than one (1) such sign will be permitted per entrance, and the placement of any additional real estate builder/subdivision directional sign shall be separated by a minimum distance of five hundred (500) feet.

(Ord. No. 2014-11, §§ 4.0—6.0, 3-17-14; Ord. No. 2016-39, § I(G), 7-5-16)

(Ord. No. 2016-39, § I(H), 7-5-16)

Fees for each permitted sign under sections 33-10 and 33-11 shall be as specifically enumerated in Article XXXIV, entitled the Schedule of Fees.