It is hereby declared that the aesthetic and safety interests of the city are reasonably promoted by the provisions of this article. Accordingly, it is the intent and purpose of this article to provide for the orderly and harmonious display of signs within the community; to aid in the identification of properties and enterprises for the convenience of the public; to avoid the erection of displays which produce deleterious and injurious effects to adjacent properties and to the natural beauty of the environment; to provide for the safety of the traveling public by limiting distractions, hazards, and obstructions; to minimize visual clutter and encourage a positive visual environment within the city; and to promote the health, safety, and welfare of the public.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 02-3713, § 1, 8-5-02)

(a)

The provisions of this article shall apply to all areas within the corporate limits of the city, but shall not apply to signs erected by or on behalf of or pursuant to the authorization of a governmental body, including legal notices; identification and informational signs; traffic, directional, and regulatory signs; and official signs that do not fall within the definition of advertisement as defined in section 25-72(1). The provisions of this article describe those signs which are permitted; all others are excluded. Unless otherwise provided, the yard and setback requirements for the various districts and for streets, highways, and thoroughfares, established in chapter 25 of the Code of Decatur, shall be applicable to signs authorized hereby.

(b)

The provisions of this article shall be administered and enforced by the building director of the city. This official shall have the right to enter upon any premises at any reasonable time for the purpose of making inspections necessary to carry out his duties and the enforcement of this article.

(c)

Unless the context clearly indicates otherwise, reference herein to various sections by number, such as "section 25-74," shall refer to that section number within this article.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 02-3713, § 2, 8-5-02)

For the purposes of this article, the following definitions, terms, and their application shall be used and applied:

(1)

Advertisement: The calling of a service, product, or activity to the attention of the public, including identifying such service, product, or activity and emphasizing desirable qualities, so as to produce a desire to buy or patronize.

(2)

Alteration: The replacement, enlargement, reduction, or reshaping of, or addition to, a sign, sign trim, frame, pole, brackets, or any supporting member; or any change in the number of poles supporting a sign; or, except as authorized under the definition of "maintenance" herein defined, the replacement or modification of any words, letters, numerals, symbols, or other surface features of a sign in order to create a substantially different visual effect, or to advertise a business, activity, product, or service of a different type, category, or nature than the business, activity, product, or service which it advertised before the replacement or modification.

(3)

Area: The size of a sign measured by the smallest square, rectangle, triangle, circle, or other geometric shape or combination thereof, which will encompass the entire sign, including any border or trim but excluding the base, apron, supports, and other structural members.

(4)

Attached sign: A sign fastened or affixed to, mounted against, or otherwise connected to, a building or other nonsign structure, provided however, that the primary purpose of said structure is not the display of the sign.

(5)

Billboard: See off-premise sign, definition (23) below.

(6)

Building director: The chief enforcement officer of the zoning ordinance of the City of Decatur, Alabama, or any of his authorized assistants or inspectors.

(7)

Business center sign: A detached sign which identifies a complex of two (2) or more occupants or tenants on the same lot or tract of land.

(7a)

Changeable copy signs: A sign upon which a display or message is changed by physical replacement of the display or message or electronic change of the display or message not more than once every five (5) seconds.

(8)

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.

(9)

Detached sign: A sign not attached or fastened to, or mounted against, or otherwise connected in any way to, a building or other nonsign structure located on the same premises as the sign, but instead mounted on or attached to a pole or framework whose primary purpose is to display the sign.

(10)

Directional sign: A sign of a noncommercial nature which directs the reader to the location of a public, religious, or educational institution, or to the location of an historical structure or area, or to the location of a public park or building; or signs directing traffic on private property, such as ingress and egress signs; or signs displayed for the direction and convenience of the public, including signs which identify restrooms, location of public telephones, public entrances, freight entrances, and the like. Such signs may display a business name or logo and directional information or symbols, but shall not bear nor display any advertisement.

(11)

Electric sign: A sign with electric wiring or lighting therein or thereon, or used in conjunction with the sign, including use of neon or florescent tubing.

(12)

Garage or yard sale sign: A temporary sign which advertises a garage or yard sale held at a residence.

(13)

Height: The vertical distance of a sign measured from the road or grade of the site (to which the sign is oriented, whichever is higher) to the top of the sign, including border, trim, frame, supports, and all other structural members and appurtenances; except as relates to roof-mounted signs, or where the context within which the term is used clearly indicates otherwise.

(14)

Home occupation sign: A sign advertising an activity conducted entirely within a residence and carried on solely by the inhabitant thereof, and which activity is clearly incidental and secondary to the use of the residence for dwelling purposes.

(15)

Illuminated sign: A sign in which an artificial source of light is used in connection with the display of such sign.

(16)

Institutional sign: A church or school identification sign, bulletin board, or directional sign.

(17)

Length: The horizontal distance of a sign measured from one end of the sign to the other, including border, trim, frame, supports, and all other structural members and appurtenances.

(18)

Maintenance: The normal care and minor repair necessary to maintain safe, attractive, and finished sign structure, trim, frame, poles, brackets, and surface. Replacing or updating of copy or logo on a valid non-conforming, on-premise sign shall be considered maintenance only if the type, business name, category, or nature of the activity or product or service being advertised remains the same, provided the sign is not altered thereby. However, maintenance on a valid non-conforming, on-premise business center sign shall include changing out tenant panels when an individual business or tenant changes. The message or copy of any off-premise sign may be changed or replaced without regard to the contents thereof as a part of normal maintenance. Further, maintenance of an off-premise sign shall include altering, replacing or repairing a sign so long as the costs does not exceed seven thousand five hundred dollars ($7,500.00) in a twelve-month period.

(19)

Marquee: A permanent roofed structure attached to and supported by a building and projecting over a public sidewalk.

(20)

Marquee sign: A sign attached to or painted on or inscribed on, and partly or fully supported by, or made an integral part of, a marquee.

(21)

Nonconforming sign: A sign not prohibited herein as a public nuisance that conformed in all respects to the sign regulations and applicable zoning provisions in effect when it was located, but which now violates one (1) or more provisions of this article as of the date of the official adoption and passage of this article; except that in Central Business District B-5 only, an on-premise attached sign which extends over a public sidewalk (but not over any part of the street or street curb), shall for the purposes of this article be deemed nonconforming and not illegal.

(22)

On-premise sign: A sign that draws attention to or communicates information about a business, service, product, commodity, accommodation, attraction, church, school, public or charitable institution, or other enterprise or activity that exists or is being conducted, sold, offered, maintained, or provided on the premises where the sign is located; provided that an on-premise sign may also display a non-commercial message, whether or not such message relates to the premises in question.

(23)

Off-premise sign: A sign that draws attention to or communicates information about a business, service, product, commodity, accommodation, attraction, church, school, public or charitable institution or other enterprise or activity that exists or is being conducted, sold, offered, maintained, or provided at a location other than the premises on which the sign is located, or otherwise conveys a commercial or noncommercial message unrelated to the premises upon which the sign is located.

(24)

Portable sign: A sign of any material, with or without changeable lettering, which is designed to be or is portable, and which is mounted on a vehicle, trailer, stand, or similar structure, with or without wheels, and is not permanently embedded in the ground; also known as a trailer sign, or mobile sign. For the purposes of this article, such signs shall be considered detached signs, and as such, shall meet all the requirements specified for detached signs. Portable signs must conform to wind load and electrical requirements, as well as other applicable provisions of the codes and ordinances enforced by the City of Decatur, and must be anchored or supported in such a manner as to guard against the effects of wind.

(25)

Projecting sign: An attached sign erected on the face or outside wall of any building or nonsign structure and projecting out at an angle therefrom.

(26)

Real estate sign: A sign advertising the sale, rental, or lease of the premises or part of the premises on which the sign is displayed.

(27)

Roof-mounted sign: An attached sign which is affixed primarily and directly to, and which extends above, the roof of any building or nonsign structure.

(28)

Setback: Unless otherwise provided, such term refers to the established yard and setback requirements of Chapter 25, Code of Decatur, Alabama.

(29)

Sign: A display board, screen, placard, or any other device, or any painted or pasted-on display, which is visible from any public place, street, or highway, or from any way or property open to the public for vehicular travel, and upon which is displayed or included any letter, word, numeral, banner, flag, emblem, logo, symbol, decoration, device, representation, or similar item used as, or which is in the nature of, an identification, announcement, direction, notice, advertisement, or other attention getting device. For the purposes of this article, this definition shall also include painted, pasted, self-supporting, and attached words, letters, numerals, symbols, emblems, and other such displays, meaning thereby those displays which are themselves painted, pasted, or attached directly to a structure and not mounted on any signboard.

(30)

Special event: An occasion intended to attract a large number of people and includes events that have an admission fee or free admittance to the general public, including but not limited to grand openings, fairs, carnivals, circuses, festivals, animal shows, contests, races, and entertainment shows.

(31)

Special sales event or promotion: An event conducted on the premises of licensed business or merchant that features a special pricing promotion or similar type event of goods and services normally offered for sale during the regular' course of the business's or merchant's conduct of trade.

(32)

Standard Building Code: For the purposes of this chapter where the term "Standard Building Code" is used it shall refer to the currently adopted building code of the city.

(33)

Subdivision, condominium, and apartment identification signs: Signs that identify the name of a residential subdivision, condominium development, or apartment complex.

(34)

Temporary sign: A sign of a nonpermanent nature that is used in connection with a circumstance, situation, or event that is designed, intended and expected to take place or to be completed within a reasonably short and definite time period after the erection of such sign. If a sign display area is permanent, but the message displayed is subject to periodic changes, such sign shall not be regarded as temporary.

(35)

Wall sign: An attached sign which is mounted parallel to or flush against an exterior wall of a building.

(36)

Warning sign: A sign, containing no advertising material, warning the public of the existence of danger.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 00-3581, § 1, 3-6-00; Ord. No. 02-3713, § 3, 8-5-02; Ord. No. 04-3806, §§ 1, 2, 7-12-04; Ord. No. 05-3822, § 2, 2-7-05)

There shall be exempt from the provisions of this article, other than from the requirements of sections 25-76 and 25-83, the following types of signs, which signs shall not count in the computation of any applicable total sign number or area:

(1)

Signs not exceeding two (2) square feet in area which denote the name, address, or business hours only of the occupant of the premises.

(2)

On-premise directional signs, so long as they do not exceed four (4) square feet in area and they meet the following conditions:

(i)

If located within ten (10) feet of the public right-of-way, such signs shall not exceed thirty (30) inches in height.

(ii)

If located in any setback area, but not closer than ten (10) feet from the public right-of-way, such signs shall not exceed three and one-half (3½) feet in height.

(iii)

If not located in any setback area, such signs shall not exceed twenty (20) feet in height.

(3)

Signs which are fully located within the interior of any building or stadium or within an enclosed lobby or court of any building.

(4)

Publicly owned memorial tablets or signs.

(5)

Signs painted on or otherwise attached to currently licensed motor vehicles, so long as the primary function of such vehicle is the ordinary one attributed to vehicles in general, and not to advertise or identify as a sign by itself would.

(6)

Directional signs as defined in subparagraph (10) of section 25-72 other than those regulated by section 25-74, that do not exceed one (1) per abutting street and do not exceed sixteen (16) square feet in area and that are not internally illuminated.

(7)

Integral decorative or architectural features of buildings or works of art, so long as such features do not contain moving parts or moving or flashing lights.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 00-3581, § 2, 3-6-00)

(a)

The following temporary signs are permitted in the specified districts without a building permit, subject to the following conditions in addition to those set out elsewhere in this article:

(1)

One (1) unlighted real estate sign per street frontage, not exceeding six (6) square feet in area if in a residential district, or thirty-two (32) square feet in area if in any other district. Such signs shall be removed no later than ten (10) days after the sale, lease, or rental is closed or otherwise completed.

(2)

One (1) unlighted construction site identification sign per street frontage, not exceeding six (6) square feet if in a residential district, or thirty-two (32) square feet if in any other district. Such signs shall not be erected prior to the issuance of the building permit and shall be removed no later than ten (10) days after the issuance of the certificate of occupancy or the commencement of the intended use, whichever occurs first.

(3)

Signs erected in connection with the observance of generally recognized holidays. Such signs shall be removed no later than ten (10) days after the end of the holiday being observed.

(4)

Signs erected in connection with elections or political campaigns which do not exceed six (6) square feet in area if in a residential district, or thirty-two (32) square feet in area if in any other district. Such signs shall be removed no later than ten (10) days after the election, final runoff election, or conclusion of the campaign for which they were erected.

(5)

Reserved.

(6)

One (1) garage or yard sale sign per street frontage, provided that such signs shall not exceed six (6) square feet in area and shall be removed not later than (3) days after the sale.

(7)

Signs evidencing an award by a governmental agency, chamber of commerce, or other nonprofit organization in recognition of the beauty and aesthetically pleasing condition of the premises; and signs recognizing and honoring historical properties or excellence and distinction in architectural rehabilitation of the premises on which the sign is located, so long as such signs remain on the premises for no more than one (1) year, do not exceed six (6) square feet in area, and do not exceed six (6) feet in height.

(8)

Decorative flags and banners not larger than twenty-five (25) feet total per side on individual poles or light standards and affixed at top and bottom and no closer than twenty-five (25) feet apart. No more than two (2) decorative flags or banners per individual pole or light standard and having a combined total surface area per side of no more than twenty-five (25) square feet.

(9)

Balloons may be tied to vehicles with one balloon per vehicle with a string that is ten (10) feet or less in length with a balloon size of no more than two (2) feet by two (2) feet by two (2) feet from 12:00 noon on Friday until 12:00 midnight Sunday night each weekend and on the following holidays: New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and Christmas Day.

(10)

Signs erected in connection with a grand opening of a new business locating in the city or the physical relocation of an existing business or the opening of a new branch office in a different location from the existing business shall be permitted. These signs shall be allowed for twenty-one (21) days around the opening and shall not be counted as part of the (90) ninety days permitted in subsection 25-74(d)(3).

(b)

No person shall place or erect a temporary sign within any street right-of-way, or attach it to any utility pole; nor shall any person place or erect any such sign upon a building, wall, tree, fence, or other property of another person or business without first obtaining the consent of the owner of such property.

(c)

The signs authorized hereunder shall at all times be subject to the provisions of sections 25-76 and 25-78.

(d)

The following temporary signs are permitted in the specified districts upon submission of an application to the building department for signs described below and subject to the following conditions in addition to those set out elsewhere in this article:

(1)

One (1) mechanically air actuated, wind-blowing device per location, decorative flags and banners, other than those described in subsection 25-74(a)(7), advertising either a special event or a special sales event or promotion, as defined in this article, shall require a permit.

(2)

A permit application for temporary signs shall be submitted to the building department and shall contain the following information:

a.

The beginning and ending dates of the special event or special sales event or promotion.

b.

The size of the temporary sign in area, with dimensional notations sufficient to determine compliance with the applicable requirement subsection 25-74(d)(4).

c.

The proposed location of the temporary sign indicated on a survey or plot plan of the property, indicating that the required setback requirement of the zoning district regulation will be met.

d.

An affirmative statement by the applicant that the permitted temporary sign will be erected and removed in accordance with the dates stated in this subsection above.

e.

A permit fee of ten (10) dollars shall be required when the application is approved in addition to any issuance fee.

(3)

Temporary sign permits issued under the provisions of this section shall be limited to ninety (90) days per year.

(4)

The square footage area of any temporary sign issued under the provisions of this section shall not exceed fifty (50) square feet on lots with less than one hundred (100) linear feet of road frontage and a maximum of one hundred (100) square feet on lots with more than one hundred (100) linear feet of road frontage.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 02-3713, §§ 4, 5, 8-5-02; Ord. No. 04-3810, §§ 1, 2, 9-13-04)

Except for those signs exempted under sections 25-73 and 25-74, above, no sign shall be located, constructed, erected, posted, attached, altered, or repaired until a building permit has been issued by the building department in accordance with the requirements of this article; provided however, that no permit shall be required for the performance of work to an off-premise sign which work is valued at less than one thousand dollars ($1,000.00).

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 00-3581, § 3, 3-6-00; Ord. No. 02-3713, § 6, 8-5-02)

(a)

Height requirements:

(1)

No detached sign of any type or kind, which exceeds six (6) feet in height, shall be located, erected, or maintained in any residential district.

(2)

No detached sign of any type or kind, other than an off-premise sign, which exceeds twenty (20) feet in height shall be located, erected, or maintained in any district, except as provided for in section 25-77(e)(3).

(3)

No off-premise sign which exceeds thirty (30) feet in height, forty (40) feet in length, or four hundred (400) square feet in area per side, shall be located, erected, or maintained in any district.

(b)

Roof-mounted signs shall not be permitted in the General Business B-5 District, or in any residential district, but shall be permitted in any other district, provided however, that said signs shall not exceed a height equal to ten (10) percent of the height of the building to which they are attached.

(c)

No streamers, pennants, or ribbons shall be permitted in any districts.

(d)

A two-sided sign shall be regarded as one (1) sign so long as the two (2) sides are at no point separated by a distance in excess of five (5) feet.

(e)

All signs, and all components, supporting structure, and appurtenances thereof, shall be maintained in good repair, free of rust, peeling, flaking, fading, broken or cracked panels, and broken or missing letters, presenting a clean and finished appearance.

(f)

The area within ten (10) feet in all directions of any part of a detached sign shall be kept clear of debris and trash, and grass and other undergrowth in said area shall not exceed five (5) inches in height, measured from ground level.

(g)

Exposed backs of all signs shall be painted a single color and shall present a clean and finished appearance.

(h)

Signs fixed or mounted directly on or in windows shall not require a permit and shall not count against the signage allocation for the premises, provided that such signs do not cover more than twenty (20) percent of the total window area.

(i)

No sign, nor any part thereof, shall be erected or located in or project over any public right-of-way, except as otherwise provided by this article.

(j)

No sign shall display flashing, intermittent, rotating, or moving lights, or lights of changing degrees of intensity, which are visible from the right-of-way of a public street or highway, or from any other vehicular travel way open to the public. However, changeable copy signs shall be allowed to utilize electronic message signs.

(k)

No permanent sign shall revolve or be animated, or utilize movement or apparent movement in order to attract the attention of the public, which is visible from the right-of-way of a public street or highway, or from any other vehicular travel way open to the public.

(l)

One detached subdivision identification sign shall be permitted at each entrance to a residential subdivision, provided each sign complies with the following requirements in addition to those set out elsewhere in this article:

(1)

If located within ten (10) feet of the public right-of-way, the sign shall not exceed three and one-half (3½) feet in height nor forty (40) square feet in area.

(2)

If the sign and all supporting members, trim, and other parts thereof are located ten (10) feet or more from the public right-of-way, the sign shall not exceed six (6) feet in height nor eighty (80) square feet in area.

(m)

Any number of attached condominium or apartment identification signs shall be permitted, provided however, that the total area of all such signs per development or complex shall not exceed thirty-six (36) square feet, none of which shall extend above the building.

(n)

One detached condominium or apartment identification sign shall be permitted on each public street frontage, provided each sign complies with the following requirements in addition to those set out elsewhere in this article:

(1)

Such signs and all supporting members, trim, and other parts thereof shall be located ten (10) feet or more from the public right-of-way, and shall not exceed six (6) feet in height nor forty (40) square feet in area.

(o)

The following signs, which are hereby declared a public nuisance, are prohibited and shall not be given nonconforming status. Any such signs existing on the effective date of this article, or thereafter, shall be removed or brought into conformance herewith not later than June 1, 1989.

(1)

Signs which copy, imitate, or in any way approximate an official traffic sign or device, designed to cause the public to focus attention on the sign, where the ultimate purpose of such sign is to draw attention to the service or product being offered, and not to warn the public of a real and genuine danger.

(2)

Signs which hide from the view of street traffic, or interfere with, any sign displayed by public authority for the purpose of giving traffic instruction or direction or other public information.

(3)

Signs which display flashing, intermittent, rotating, or moving lights, or lights of changing degrees of intensity which are visible from the right-of-way of a public street or highway, or from any other vehicular travel way open to the public, and which are located within the setback abutting a public street or highway.

(4)

Signs which permit focused light, such as beams or rays of light, to be directed onto a public street, highway, road, sidewalk, or premise of another owner or tenant when such light is of such intensity or brilliance as to cause glare or reflection and impair vision, or constitute a traffic hazard or nuisance.

(5)

Signs on public property that are attached to or maintained upon trees, or painted or drawn upon rocks or other natural features.

(6)

Signs incorporating any noisy mechanical device which emits sound of such a volume as to be heard over the normal road noise by an average motorist on a highway or street.

(7)

Signs which fail to meet the standards set out by the Standard Building Code, National Electrical Code, or any other applicable codes enforced by the City of Decatur, including without limitation, applicable wind load and electrical requirements.

(8)

Signs, or any parts or appurtenances or supporting members thereof, which obstruct or interfere with any door, fire escape, ventilation opening, or other means of ingress and egress or ventilation.

(9)

Signs which interfere with the view necessary for vehicular or pedestrian traffic to proceed safely or to enter onto or exit from public or private streets, roads, or highways.

(10)

Signs, including without limitation those existing on the effective date of this article, which violate one (1) or more of the provisions of this article, and which are not nonconforming signs as defined in this article.

(p)

New off-premise signs except for directional signs as defined in subparagraph (10) of section 25-72, shall not be permitted within the city limits. Provided, however, that off-premise signs in existence on the effective date of this subparagraph, which are subsequently destroyed or removed, may be replaced subject to the following conditions:

(1)

If on the date of removal or destruction, the sign did conform to the requirements in effect on the date of removal or destruction, then the sign may be replaced; provided:

a.

The replacement is made within six (6) months after the removal or destruction of the old sign;

b.

The replacement sign meets all sign requirements in effect on the date the old sign is destroyed; and

c.

The replacement sign is located at the same location as the sign it replaces.

(2)

If on the date of removal or destruction, the sign did not conform to the requirements in effect on that date, then the sign may be replaced, provided:

a.

The replacement is made within six (6) months after the removal or destruction of the old sign and,

b.

The replacement sign does not exceed four hundred (400) square feet in size or thirty (30) feet in height.

(3)

If a sign which was removed or destroyed is not actually replaced within the time limits enumerated in this subparagraph, then the sign which was removed or destroyed may not be replaced, and the location from which the sign was removed or destroyed shall no longer be considered available for the erection of an off-premise-sign.

(4)

An existing off- premise sign shall be maintained as defined in subparagraph (18) of section 25-72.

(q)

Attached signs other than roof-mounted signs, meaning those primarily attached to the side of a building, shall not extend above a line equal to the height of the building to which they are attached.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 87-2684A, § 1, 1-9-89; Ord. No. 89-2825, § 1, 3-30-89; Ord. No. 92-3083, § 2, 9-14-92; Ord. No. 00-3581, §§ 4, 5, 3-6-00; Ord. No. 02-3713, § 7, 8-5-02; Ord. No. 04-3810, § 3, 9-13-04; Ord. No. 05-3822, §§ 1, 3, 2-7-05; Ord. No. 06-3862, § 1, 5-1-06)

The following signs and no others, which shall comply with the provisions of this article, shall be permitted in the districts hereinafter set forth:

(a)

All residential districts including PRD:

(1)

Signs not exceeding three (3) square feet in area that is customarily associated with residential use and that are not of a commercial nature, such as signs giving property identification names or numbers, or names of occupants, signs on mailboxes or newspaper tubes, signs giving historical identification of the premises, and signs posted on private property relating to private parking or warning the public against trespassing or danger from animals.

(2)

Home occupation signs as allowed by law.

(3)

Institutional signs not exceeding thirty-six (36) square feet in areas as follows: one (1) detached and one (1) attached such sign per street frontage.

(4)

Condominium and apartment identification signs complying with the general sign regulations (section 25-76).

(5)

Subdivision entrance signs complying with the general sign regulations (section 25-76).

(6)

Temporary signs as permitted under section 25-74.

subject to all rules, regulations and requirements therefore set forth in section 25-10.1, Code of Decatur Alabama, and other provisions applicable therefore.

(b)

Medical Center District M-C:

(1)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, any number of attached on-premise signs, provided however, that the total area of all such signs shall not exceed one hundred (100) square feet, none of which shall extend above the building, other than a roof-mounted sign which shall not exceed a height equal to ten (10) percent of the total building height. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two or more occupants, tenants, or commercial or business enterprises, any number of attached on-premise signs, provided however, that the total area of all such signs per individual occupant, tenant, or enterprise shall not exceed one hundred (100) square feet, none of which shall extend above the building, other than a roof-mounted sign which shall not exceed a height equal to ten (10) percent of the total building height. In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise sign having a maximum of thirty-six (36) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of sixty-four (64) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tract of land has frontage on more than one street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(5)

Condominium and apartment identification signs complying with the general sign regulations (section 25-76).

(6)

Subdivision entrance signs complying with the general sign regulations (section 25-76).

(7)

Temporary signs as permitted under section 25-74.

(c)

Central Business District B-5:

(1)

Any number of attached on-premise signs, provided that the total area of all such signs as located per wall face shall not exceed ten (10) percent of the total of such wall face area, to a maximum area of two hundred (200) square feet per wall face.

(2)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise sign having a maximum area of thirty-six (36) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(3)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of sixty-four (64) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tract or land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(4)

Marquee and marquee signs on theaters, which may be in addition to all other signs permitted by this section, and which may extend over the public sidewalk (but not over any part of the street or street curb).

(5)

Condominium and apartment identification signs complying with the general sign regulations (section 25-76).

(6)

Subdivision entrance signs complying with the general sign regulations (section 25-76).

(7)

Temporary signs as permitted under section 25-74.

(8)

Awnings which project over the public sidewalk shall be permitted in the district upon application and approval of plans and specifications submitted therewith to the building director. Awnings shall project no further than eight (8) feet from the vertical face of the building to which they are attached; however, in no case shall an awning be permitted to extend into an area six (6) feet measured from the back of the curb abutting the building to which the awning is to be attached. Awnings shall have a minimum height of eight (8) feet above the sidewalk measured from the edge of the awning.

(9)

Projecting signs which project over the public sidewalk shall be permitted in the district upon application and approval of plans and specifications submitted therewith to the building director. Projecting signs shall project no further than fifty (50) inches from the vertical face of the building to which they are attached, however in no case shall an projecting sign be permitted to extend into an area six (6) feet measured from the back of the curb abutting the building to which the projecting sign is attached. Projecting signs shall have a minimum height of eight (8) feet above the sidewalk measured from the bottom edge of the sign. Projecting signs shall be no more than a total of twelve (12) square feet. Projecting signs shall be subject to review and approval from the Decatur Downtown Redevelopment Authority (DDRA) which approval shall be provided in writing at the time application is made.

Such signs shall not extend more than twenty (20) inches down from the ceiling of the canopy and shall not exceed fifty-six (56) inches in length nor twelve (12) inches in width.

(d)

Business Districts B-1, B-4, and B-6; Agricultural Districts AG-1 and AG-2; and Institutional District I-D:

(1)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, any number of attached on-premise signs, provided however, that the total area of all such signs shall not exceed one hundred (100) square feet, none of which shall extend above the building, other than a roof-mounted sign which shall not exceed a height equal to ten (10) percent of the total building height. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, any number of attached on-premise signs, provided however, that the total area of all such signs per individual occupant, tenant, or enterprise shall not exceed one hundred (100) square feet, none of which shall extend above the building, other than a roof-mounted sign which shall not exceed a height equal to ten (10) percent of the total building height. In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise sign having a maximum area of one hundred (100) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of one hundred fifty (150) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(5)

Condominium and apartment identification signs complying with the general sign regulations (section 25-76).

(6)

Subdivision entrance signs complying with the general sign regulations (section 25-76).

(7)

Temporary signs as permitted under section 25-74.

(e)

Business Districts B-2 and B-3; Manufacturing Districts M-1 and M-2; and Expressway Commercial District M-1A:

(1)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, any number of attached on-premise signs, provided however, that the total area of all such signs shall not exceed one hundred (100) square feet, none of which shall extend above the building, other than a roof-mounted sign which shall not exceed a height equal to ten (10) percent of the total building height. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, any number of attached on-premise signs, provided however, that the total area of all such signs per individual occupant, tenant, or enterprise shall not exceed one hundred (100) square feet, none of which shall extend above the building, other than a roof-mounted sign which shall not exceed a height equal to ten (10) percent of the total building height. In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premise sign per two hundred fifty (250) feet of street frontage or fraction thereof, subject to the following requirements which must be in accordance with one (1) of the following conditions:

The provisions of section 25-76(a)(2) and section 25-78(d) shall not be applicable in the above-referenced zoning districts; provided however, that signs which are no higher than three and one-half (3½) feet inclusive of border and trim, and which do not exceed twenty-five (25) feet in area inclusive of border or trim may be erected and maintained up to a line ten (10) feet back from the abutting public street right-of-way. The setback, height, and area of sign requirements set forth above shall apply to each additional on-premise detached sign permitted by virtue of street frontage of the lot on which the sign is to be erected being in excess of two hundred fifty (250) feet in which case any such signs shall be erected at a distance of no less than one hundred (100) feet measured between such signs along a straight line. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of one hundred fifty (150) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than (100) feet. If such lot or tract of land has frontage on more than one (1) street, such as on a street corner or intersection, one (1) additional detached business center sign, subject to the above restrictions, may be erected for each additional abutting street segment which equals or exceeds one hundred (100) feet in length, and shall be erected and located on the property immediately abutting such additional street segment.

(5)

Off-premise signs having a maximum area of four hundred (400) square feet on a side, a maximum height of thirty (30) feet, and a maximum length of forty (40) feet, provided that:

a.

Such signs shall not be located, erected, or maintained closer than one thousand (1,000) feet from another detached off-premise sign, measured on the same side of the street; and

b.

Such signs shall not be located, erected, or maintained closer than two hundred (200) feet from the border of any residential district; and

c.

Such signs shall not be located, erected, or maintained closer than one hundred (100) feet from the intersection of any public highways or streets; and

d.

Such signs shall comply with the setback requirements of section 25-78; and

e.

Neither such signs themselves, nor the trim, apron, supports, or structural members of such signs, other than poles, shall obstruct visibility between the heights of three and one-half (3½) feet and ten (10) feet, as measured from the street level; and

f.

Poles supporting such signs shall not exceed forty (40) inches in diameter; and

g.

There shall be no more than one (1) such sign on any one (1) pole, support, or sign structure.

(6)

Condominium and apartment identification signs complying with the general sign regulations (section 25-76).

(7)

Subdivision entrance signs complying with the general sign regulations (section 25-76).

(8)

Temporary signs as permitted under section 25-74.

(f)

Redevelopment District-2 (RD-2).

(1)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, any number of attached on-premises signs, provided that the total area of all such signs shall not exceed one hundred (100) square feet, none of which shall extend above the building. All attached signs shall be placed on the building front or side elevation and shall not be located on the rear elevation of the building. In addition, those businesses or establishments which have building frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of building frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(2)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, any number of attached on-premises signs, provided that the square feet, none of which shall extend above the building.

All attached signs shall be placed on the building front or side elevation and shall not be located on the rear elevation of the building.

In addition, those businesses or establishments which are utilized or operated as a separate business or establishment and which have store or establishment frontage in excess of one hundred (100) feet, may display an additional two (2) square feet of attached signage for each additional foot of store or establishment frontage in excess of one hundred (100) feet, to a maximum area of two hundred (200) square feet.

(3)

On lots or tracts of land having only one (1) occupant, tenant, or commercial or business enterprise, one (1) detached on-premises sign per two hundred fifty (250) feet of street frontage or fraction thereof, subject to the following requirements which must be in accordance with one (1) of the following conditions:

The setback, height, and area of sign requirements set forth above shall apply to each additional on-premises detached sign permitted by virtue of street frontage of the lot on which the sign is to be erected being in excess of two hundred fifty (250) feet in which case any such signs shall be erected at a distance of no less than one hundred (100) feet measured between such signs along a straight line. Signs shall be located on lots so that they are directly in front of the buildings. No detached on-premises signs shall be permitted on the side streets.

(4)

On lots or tracts of land having two (2) or more occupants, tenants, or commercial or business enterprises, one (1) detached business center sign having a maximum area of one hundred fifty (150) square feet on a side per two hundred fifty (250) feet of street frontage or fraction thereof, provided however, that where additional signs are permitted because of frontage in excess of two hundred fifty (250) feet, such signs shall not be placed closer to another detached sign on the same property than one hundred (100) feet. Signs shall be a maximum of twenty (20) feet in height. Signs shall have a minimum of a twenty-five (25) foot setback from all street rights-of-way. Signs shall be located on lots so that they are directly in front of the buildings. No detached on-premises signs shall be permitted on the side streets.

(5)

No signage will be permitted on 7 ^th Avenue SE.

(6)

Monument signage will be permitted on the side streets for entrance and exit signs only.

(7)

Temporary signs as permitted under section 25-74 of the Code of Decatur.

(Ord. No. 87-2684, § 1, 9-12-88; Ord. No. 96-3312, § 1, 6-3-96; Ord. No. 00-3581, § 6, 3-6-00; Ord. No. 10-4036, § 1, 9-14-10; Ord. No. 11-4064, § 1, 5-9-11; Ord. No. 14-4177, § 2, 5-12-14)

(a)

All off-premise detached signs shall be located, erected, and maintained so that neither the sign itself nor any part of supporting member thereof extends over the front, rear, or side yard setback.

(b)

In all districts other than residential districts, unless otherwise specifically provided, temporary signs shall be located as follows:

(1)

No such signs shall be located within ten (10) feet of a public right-of-way; and

(2)

If located in a setback area, but not closer than ten (10) feet from a public right-of-way, such signs shall not exceed three and one-half (3½) feet in height; and

(3)

If located more than ten (10) feet from a public right-of-way and not within any setback area, such signs shall not exceed six (6) feet in height.

(c)

Temporary signs located in residential districts which do not exceed six (6) square feet in area or six (6) feet in height and signs enumerated in section 25-77(a)(1) may be located, erected, and maintained in the front, rear, or side yard setback up to the public right-of-way.

(d)

All other detached signs shall be located, erected and maintained so that neither the sign itself nor any part or supporting member thereof extends into, over, or is located within twenty-five (25) feet of an abutting public street right-of-way, or extends into, over, or is located within any applicable front, rear, or side yard setback, the greater of which shall apply; provided however, that if such sign and all appurtenances thereof are no higher than three and one-half (3½) feet inclusive of border or trim, and if such sign does not exceed twenty-five (25) square feet in area inclusive of border or trim, then such sign may be erected, located, and maintained up to a line ten (10) feet back from the abutting public street right-of-way.

(e)

All on-premise attached signs shall be located, erected, and maintained so that neither the sign itself nor any part thereof extends more than fourteen (14) inches over the applicable front, rear, or side yard setback.

(f)

Where property is situated at the intersection of public streets or highways, and there is no applicable setback for one (1) or more of the street or highway frontages, the front setback shall apply as the applicable setback.

(Ord. No. 87-2684, § 1, 9-12-88)

All signs shall be maintained in good condition, so as to present a neat and orderly appearance. The building director may cause to be removed, after due notice, any sign that shows gross neglect or becomes dilapidated.

(Ord. No. 87-2684, § 1, 9-12-88)

(a)

Except as provided in section 25-76(o), nonconforming signs may remain in use and may be maintained as defined in section 25-72(18). However,

(1)

If such sign is altered as defined in section 25-72(2); or

(2)

If at any time after six (6) months from the effective date of this article said sign requires repairs of a value in excess of fifty (50) percent of its replacement value, exclusive of foundations and supports; or

(3)

If after such time it is destroyed to the extent of more than fifty (50) percent of its replacement value, exclusive of foundations and supports; or

(4)

As respects an on-premise sign only, if the use of said on-premise sign is abandoned for a period of ninety (90) days, or changes so that it advertises a business, activity, product, or service of a different type, category, or nature than the business, activity, product, or service which it advertised before the change;

then in any of said instances, said sign shall lose its nonconforming status, and shall be deemed an illegal sign and shall be made to conform to all provisions of this article, or be removed.

As used herein, "abandoned" shall be taken to refer to a sign which advertises an activity or business no longer being conducted, or a service or product no longer being offered or produced, on the premises where such sign is located.

(b)

No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of the foregoing, no nonconforming sign may be enlarged or altered in such a manner as to aggravate the nonconforming condition, nor may illumination be added to any nonconforming sign.

(c)

A nonconforming sign may not be moved or replaced except to bring it into complete conformity with this article.

(d)

No detached sign shall be erected on the same lot with an existing nonconforming detached sign until the nonconforming sign has been removed or made to conform to the provisions of this article; provided however, such provision shall not apply to an off-premise detached sign which is or could be deemed nonconforming solely by virtue of the spacing requirements of this article for off-premise signs.

(Ord. No. 87-2684, § 1, 9-12-88)

(a)

Unsafe signs: If the building director shall find that any sign or any part of any sign is in danger of falling, or presents a hazard from electrical shock or fire, or is otherwise unsafe, insecure, or a menace to the public, she/he shall give written notice to the owner, agent, or person having the beneficial interest in such sign, or in the building or the premises on which such sign is located. If the sign was conforming in all other respects at the time notice was given, repairs of the condition prompting the notice shall be made within thirty (30) days. If the sign had been deemed nonconforming pursuant to section 25-80 at the time notice was given, and if no more than six (6) months' time has elapsed since the effective date of this article, such sign shall be permitted to remain, but shall be subject to the above thirty-day repair requirement. However, after six (6) months from the effective date of this article, if repairs required to a nonconforming sign under this section are in excess of fifty (50) percent of its replacement value, exclusive of foundations and supports, then such sign shall be removed or brought into conformance with this article within thirty (30) days and shall not be repaired as a nonconforming sign.

If the repair or removal of an unsafe sign is not accomplished within the above mandated thirty-day period, the building director is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located. Notwithstanding the foregoing provisions, the building director is authorized to cause any sign to be removed summarily and without notice, at the expense of the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located, whenever she/he determines that such sign is an immediate and imminent peril to persons or property.

(b)

Obsolete signs: Any sign, whether existing on or erected after the effective date of this article, which advertises a business or activity no longer being conducted, or a service or product no longer being offered or produced, shall be removed by the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which the sign is located, within ninety (90) days of the cessation of such business, service, sale, or production.

If the building director shall find that any such sign contemplated by the above paragraph has not been removed within the above mandated ninety-day period, she/he shall give written notice to the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located. Removal of the sign shall be effected within ten (10) days after receipt of the notice from the building director. If such sign has not been removed at the conclusion of such ten-day period, the building director is hereby authorized to cause the sign to be removed forthwith at the expense of the owner, agent, or person having the beneficial interest in such sign, or in the building or premises on which such sign is located.

(c)

Permit limitation: No sign permit shall be issued for any premises where there exists an unsafe or obsolete sign as defined above, until the provisions of (a) and (b) above have been complied with.

(Ord. No. 87-2684, § 1, 9-12-88)

Any decision of the building director made in the administration and enforcement of this article may be appealed to the board of zoning adjustment, subject to the provisions of section 11-52-80, et seq., Code of Alabama, 1975.

(Ord. No. 87-2684, § 1, 9-12-88)

All signs shall comply with the other provisions of the Code of Decatur, Alabama, as amended from time to time, and all codes incorporated by reference into such Code.

(Ord. No. 87-2684, § 1, 9-12-88)

The requirements and provisions of this article are severable, and should any section or part thereof be declared by any court of competent jurisdiction to be unconstitutional or invalid, the decision of the court shall not affect the validity of this article as a whole nor any section or part thereof, other than the section or part so declared to be unconstitutional or invalid.

(Ord. No. 87-2684, § 1, 9-12-88)