A.

The purpose of this article is to establish comprehensive and reasonable sign regulations relating to the following specific objectives:

1.

Ensure signs are designed, constructed, installed and maintained so that public safety, traffic safety and property values are protected;

2.

Promote the desired character and development patterns identified in the City's Comprehensive Plan by designating the type, size, timing and placement of signs within zoning districts;

3.

Recognize aesthetic values and visual enhancement of the community by eliminating visual clutter and preventing overconcentration of signage;

4.

Recognize special sign needs of the business community;

5.

Promote proper sign maintenance and renovation;

6.

Ensure freedom of speech is protected; and

7.

Provide equal treatment under the law through consistent administration and enforcement.

B.

Signs not specifically addressed or identified by these regulations are prohibited, unless authorized by the Board of Zoning Appeals as an exception.

As used in this article, the following terms shall have these meanings:

BALLOON SIGN: A sign that is filled or inflated with air using captured and contained air or a device that provides a constant flow of air into the device and which is resting on, tethered or attached to the ground, structure or roof of a structure.

BILLBOARD: A sign generally known as outdoor advertising, mounted on a permanent or semi-permanent structure and depicting information not directly related to the property upon which it is placed.

CANDELA: The basic unit of measurement of light in metric units.

CANDELA PER SQUARE METER (cd/m²): The metric measurement unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits.

CHANGEABLE COPY SIGN: A sign whose alphabetic, pictographic or symbolic informational content can be changed or altered by manual, electric, electromechanical or electronic/computer means.

CLEARANCE (OF A SIGN): The smallest vertical distance between the grade of the adjacent public right-of-way and the lowest point of any sign, including framework and embellishments, extending over that grade.

COPY: The graphic content of a sign surface in permanent, removable or electronic letter, pictographic, symbolic or alphabetic form.

DIRECTIONAL/INFORMATIONAL SIGN: A sign giving directions, instructions or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs.

DISPLAY TIME: The amount of time a message and/or graphic is displayed on an Electronic Message Sign.

DISSOLVE/FADE: A mode of message transition on an Electronic Message Sign accomplished by varying the light intensity or pattern, in which the first message gradually appears to dissipate and lose legibility with the gradual appearance and legibility of the second message.

DYNAMIC FRAME EFFECT: An Electronic Message Sign frame effect in which the illusion of motion and/or animation is used.

ELECTRONIC MESSAGE SIGN: For the purposes of these regulations, the term electronic message sign shall refer to all electrically activated changeable signs whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location. Electronic Message Signs also include Video Display Signs.

EXCEPTION (SIGNS): Signs requiring approval as an exception by the Board of Zoning Appeals. Sign exceptions may include applications for signs not otherwise authorized in these regulations [See 708 for Sign Exceptions].

FACADE: The entire exterior elevation of one side of a building, usually, but not limited to the front and including any parapet or mansard.

FACE OF SIGN: The area of a sign on which the copy is placed (See Section 706.C. for Gross Surface Area of Sign.)

FESTOONS: A string of ribbons, tinsel, small flags or pinwheels.

FLASHING/BLINKING SIGN: Illuminated signs exhibiting a preprogrammed repetitious cyclical interruption of illumination from one or more sources in which the duration of the period of illumination (on phase) is either the same as or less than the duration of the period of darkness (off phase), and in which the intensity of illumination varies from zero (off) to 100% (on) during the programmed cycle. For the purposes of these regulations, an Electronic Message Sign is considered flashing if the intensity of illumination fluctuates from high to low in a single frame or if copy changes more frequently than 1 frame per 2 seconds.

FRAME: A complete, static display screen on an Electronic Message Sign.

FRAME EFFECT: A visual effect on an Electronic Message Sign applied to a single frame. See also Dynamic Frame Effect.

FRONTAGE: The length of the property line of any one premise along a public right-of-way on which it borders.

FRONTAGE, BUILDING: The length of an outside building wall adjacent to or parallel with public right-of-way.

GOVERNMENT SIGN: Any temporary or permanent sign erected and maintained by a governmental entity for traffic direction, designation of public buildings and property and for other public purposes.

GROUND SIGN: A sign which is anchored to the ground by poles or braces, but which has a monolithic line and which maintains essentially the same contour from grade to top. Structure shall be encased or covered and shall not be visible.

HEIGHT (OF A SIGN): The vertical distance measured from the highest point of the sign, including decorative embellishments, to the surface grade beneath the sign.

HOLIDAY DECORATION/SIGN: Temporary decorations or signs that directly relate to or announce an upcoming or current holiday. These may include banners, balloons, festoons and electrical, mechanical or naturally energized animated signs.

HOME OCCUPATION SIGN: An on-premise sign identifying a permitted home occupation in a residential district.

ILLEGAL SIGN: A sign which does not meet the requirements of these regulations and has not received legal nonconforming sign approval as a sign exception.

ILLUMINANCE: The amount of light falling upon a real or imaginary surface, commonly called "light level" or "illumination."

ILLUMINATED SIGN: A sign with an artificial light source, either projecting through its surface (internally illuminated) or reflecting off its surface (externally illuminated).

ILLUSIONARY MOVEMENT SIGN: Illuminated sign exhibiting the illusion of movement by means of a pre-programmed repetitious sequential switching action in which illuminated elements of the sign are turned on or off to visually simulate the impression or motion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating or expanding and contracting light patterns.

LED (Light-Emitting Diode): An electronic light source capable of emitting color across the visible, ultraviolet and infrared wavelengths with brightness from very low to very high.

LUMINANCE: Light that is emitted by or reflected from a surface. Measured in units of luminous intensity (candelas) per unit area (square meters in metric measurement units). Expressed in metric units as cd/m². Commonly referred to as "nits."

MAINTENANCE: The cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the dimensions or structure of the sign.

MARQUEE SIGN: A permanent roof-like structure of rigid materials supported by and extending from the facade of a building.

MEMORIAL SIGN: A small sign used as a reminder to the memory or to the honor of some person, thing or event.

MESSAGE SEQUENCING: The act of displaying portions or segments of a single message on multiple frames, thus requiring the receiver of the message to hold attention on a sign for a prolonged period of time in order to comprehend the complete message.

MONUMENT SIGN: A low profile sign mounted directly to the ground in a manner that all structural braces and poles are encased or covered and not visible.

MOTION SIGN: A sign or display which creates motion or the visual impression of motion utilizing wind or other atmospheric influence, manual or mechanical based drives, electrical activation or other means.

NIT (NITS): A photometric unit of measurement referring to luminance. One nit is equal to one candela per square meter (cd/m²).

NONCONFORMING SIGN: Refer to Section 709.

OBSOLETE SIGN: Any sign for a business or activity which is no longer operated on the premises, is permanently closed or abandoned.

OFF-SITE SIGN: A sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located.

ON-SITE SIGN: A sign which pertains to the use of the premises and/or property on which it is located.

OUTDOOR ADVERTISING: Also commonly referred to as "billboard" (See Billboard).

OWNER: For the purpose of this article, the owner of property on which a sign is located is presumed to be the owner of the sign, unless factors to the contrary are officially recorded or otherwise brought to the attention of the Zoning Administrator or Designee, e.g., a sign leased from a sign company.

PERMANENT SIGN: A sign which is designed and intended for long-term use which is posted on private property and is attached to a wall, building, roof or to the ground by poles, structural metal braces or masonry.

POLE/PYLON SIGN: Any sign which is free-standing and supported by, from or on top of a vertical pole(s) or beam(s) composed of metal or other substantial support. The term "pole sign" shall also include pylon signs.

PORTABLE SIGN: A sign designed in such a manner as to be readily movable and not permanently attached to the ground, building or other structure and includes, but is not limited to trailers or wheeled signs.

PROJECTING SIGN: A sign other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign and which projects more than 12 inches from such building or structure (includes signs affixed or attached to an awning or canopy).

ROOF SIGN: A sign erected over or on the roof of a building.

SCROLL/TRAVEL: A mode of message transition on an Electronic Message Sign in which the message appears to move across the display surface.

SIGN: Any writing including letters, words or numeral(s), pictorial representation (including illustrations or decorations), emblem (including devices, symbols, or trademarks), flag, banner, streamer, pennant, string of lights, or display calculated to attract the attention of the public, or any other figure of similar charter which:

1.

Is a structure or any part thereof, or a portable display, or is attached to, painted on, or in any other manner represented on a building or other structure or on the ground, and

2.

Is used to announce, direct attention to, or advertise, and

3.

Is not located inside a building.

SNIPE SIGN: A temporary sign or poster affixed to a utility pole, tree, fence or other object not intended to display temporary signs which is located or situated on public or private property.

SUBDIVISION SIGN: Any sign displayed for the purpose of advertising or identifying a housing development where undeveloped lots are for sale. Subdivision signs are classified as permanent signs and are subject to a permanent sign permit.

TEMPORARY SIGN: A sign or decoration, including A-frame or similar signs, not intended for long-term use which is posted on public or private property and is constructed from non-durable materials such as paper, cardboard, cloth, plastic and/or wallboard and does not constitute a structure subject to the City's adopted Building Code or other applicable zoning regulations.

TRANSITION: A visual effect used on an Electronic Message Sign to change from one message to another.

VIDEO DISPLAY SIGN: A sign on which the copy changes in a manner or method of display characterized by motion, pictorial imagery or text and depicts action or illusionary movement.

VISION TRIANGLE: (See Section 303.N. for definition of Vision Triangle.)

WALL SIGN: A sign attached essentially parallel to and extending not more than 12 inches from the wall of a building with no copy on the sides or edges. This definition includes painted signs, individual letter signs, and signs on a parapet or mansard.

WINDOW SIGN: A sign painted, lettered or installed on a window and intended to be viewed from the outside.

(Ord. No. 2529, § 1.15, 5-23-23)

A.

Except as otherwise provided in this article, no sign shall be erected, enlarged, relocated or altered until an accessory sign permit has been obtained in accordance with procedures set out in Article 9 of these regulations. A permit for a sign shall not be issued unless the sign complies with all of the regulations of this article.

B.

Applications for sign permits shall be filed upon forms prescribed by the Zoning Administrator and shall be accompanied by plans drawn to scale indicating the sign type, size, location, method of illumination, colors and materials of the sign, structure and method of attachment. In addition, the applicant shall submit any other information relating to the placement, construction, design or facade attachment of the sign as may be required by the Zoning Administrator or designee.

1.

After a sign permit has been issued no changes shall be made to the type, size or shape of a sign nor shall any structural alterations be made without first obtaining a new sign permit.

2.

Existing signs may be replaced with an electronic message sign or an electronic message sign may be added to an existing sign with the approval of the Zoning Administrator or designee.

3.

Where site plan approval is required prior to the issuance of a building permit, no sign permit shall be issued until the site plan is approved by the Planning Commission.

4.

Where business registration is required, no sign permit shall be issued until a business registration application has been submitted.

C.

All permanent signs are to be fabricated and installed in a professional manner by an individual or company normally employed in the business of installing signs.

D.

Temporary signs may be designed, fabricated and installed by a business or property owner, provided that such temporary signs otherwise comply with the standards of Section 705 or other applicable sections of these regulations.

E.

All materials and finishes of permanent signs shall be of high quality and capable of withstanding the forces of wind, rain and other atmospheric conditions.

A.

The following types of signs shall not require permits and shall be exempt from the requirements of this article:

1.

Flags or emblems of a governmental body or of a political, civic, philanthropic, educational or religious organization displayed on private property. These flags or emblems shall not be displayed as part of a commercial promotion or advertising, and the total square footage shall not exceed one (1) percent of the square footage of the zoning lot, with no individual flag exceeding 16 square feet.

2.

Holiday decoration signs whether public or private.

3.

Signs required by law containing address numerals or related information needed for convenience of the public.

4.

Integral decorative or architectural features of buildings, including murals, so long as such features do not contain signage of a commercial nature and are not visible from public rights-of-way for a residential use located in a residential zoning district.

5.

Official signs of a noncommercial nature erected by public or private utility companies.

6.

Signs erected by or on behalf of or pursuant to the authorization of a duly constituted governmental body, including legal notices, identification and informational signs and traffic, directional or regulatory signs.

7.

Memorial signs displayed on private property.

8.

Scoreboards or other signage in athletic fields or stadiums, except that any signage of a commercial nature must face inward to the field or stadium and shall not be oriented in a manner that is intended to be visible from public rights-of-way unless permitted as a ground sign or as an exception by the Board of Zoning Appeal for an off-site sign.

9.

Signs that do not exceed two (2) square feet in maximum gross surface area, are not commercial in nature, and which are displayed on private property for the convenience of the public, including but not limited to, signs to identify entrance and exit drives, parking areas, one-way drives, rest rooms, freight entrances, and other similar features.

10.

Signs on or adjacent to doors at the rear of commercial or industrial buildings displaying only the names and address of the occupant and/or the hours of operation or instructions for deliveries. Such signs shall not exceed six (6) square feet in maximum gross surface area. Where multiple tenants share the same rear door, the sign may display the names of each tenant with an additional surface area of two (2) square feet allowed per tenant.

11.

Signs painted on or otherwise permanently attached to currently licensed motor vehicles, which vehicles are not primarily used as signs.

12.

Window signs.

13.

Portable signs as permitted by Chapter 5.12 "Mobile Food Vending Registration" of the Derby Municipal Code.

14.

Permanent markers located on private property for the convenience of the public in the identification of a subdivision or the streets therein; provided, that they shall first have been submitted to the Zoning Administrator for approval. The markers shall be in conformance with the general design of the area and the size shall be limited in height and area dependent upon their location on the property.

15.

Order boards for drive-thru facilities if approved by the Planning Commission through site plan review, provided that the Zoning Administrator may approve order boards for alterations to an existing site not requiring site plan review and may approve minor modifications for order boards approved by the Planning Commission.

16.

Temporary signs installed at publicly-owned parks and facilities provided that such temporary signage is limited to one (1) percent of the square footage of the zoning lot, with no individual temporary sign larger than 32 square feet. Such temporary signage may be displayed only during the period in which the temporary activities are scheduled, including set-up and break-down time.

(Ord. No. 2529, §§ 1.16—1.19, 5-23-23; Ord. No. 2555, § 1.47, 5-14-24)

A.

The following signs and lights are prohibited in all zoning districts:

1.

Off-site signs, except certain temporary signs as may be permitted by this article or as approved as an exception by the Board of Zoning Appeals for signs located in business and industrial districts only.

2.

Search Lights.

3.

Signs that imitate, resemble or interfere with official traffic control devices or governmental signs, including, but not limited to: signs that impair intended operation of traffic control signals; signs using red, yellow and green lights; signs using the words "stop, look, danger," etc.; and signs that give the appearance of a traffic control device or otherwise constitute a safety and/or traffic hazard.

4.

Snipe Signs, as defined herein, unless exempted from these regulations.

5.

Flashing, Blinking, and Strobe Lights.

6.

Signs that advertise real estate or commercial activities or events located outside of city limits.

7.

Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign. This does not apply to signs or lettering on buses, taxis or vehicles operating during the normal course of business.

8.

Balloon Signs, except as permitted with an authorized temporary use.

9.

Pole/Pylon Signs, except for directional/information signs and order boards for drive-thru facilities.

10.

Billboard Signs.

11.

Obsolete Signs.

12.

Electronic Message Signs on moving vehicles.

13.

Signs which employ sound projecting devices or audio content.

(Ord. No. 2529, §§ 1.20, 1.21, 5-23-23; Ord. No. 2555, § 1.48, 5-14-24)

A.

Reasonable regulations for the posting of temporary signs are necessary to ensure that temporary signs do not become a threat to public safety as a traffic hazard and to protect aesthetic values and visual enhancement of the community by eliminating visual clutter and preventing the overconcentration of signage.

B.

Temporary signs shall be subject to the following regulations, in addition to any other regulations of this article:

1.

Temporary signs, generally:

a.

Placement of temporary signs on private property shall require the consent of the property owner. Placement of temporary signs on right-of-way shall require consent of the abutting property owner.

b.

Temporary signs shall not be illuminated in any manner.

c.

Temporary signs placed in conjunction with an event shall be removed within 72 hours of the conclusion of the event. Temporary signs remaining after 72 hours from the conclusion of the event may be removed by the Zoning Administrator or designee.

d.

Temporary signs shall be constructed of materials and installed in a manner capable of withstanding the forces of wind, rain and other atmospheric conditions.

e.

Temporary signs which are or become damaged, tattered or unreadable may be removed by the Zoning Administrator or designee.

f.

Nothing in this section shall be construed to allow off-site commercial signs.

g.

Excepted as noted in these regulations temporary signage shall not require a permit.

2.

Temporary signs on private residential property:

a.

Two (2) temporary signs which are six (6) square feet or less may be displayed on private residential property for a period not to exceed forty-five (45) consecutive days and a total of one-hundred-eighty (180) days in a calendar year with an intervening period of at least 30 days during which the sign is not displayed.

b.

One (1) additional temporary sign not exceeding six (6) square feet may be displayed on private residential property for the purpose of advertising events which may commonly occur in a residential zoning district, such as, but not limited to garage sales, estates sales, construction or remodel activities, and yard maintenance activities. Said sign may be placed up to three (3) days prior to the event and must be removed at the conclusion of the event or at the time the contractor leaves the site.

3.

Temporary signs on nonresidential property:

a.

One (1) on-site temporary sign which is thirty-two (32) square feet or less may be displayed on nonresidential property upon issuance of a permit in accordance with Section 702. Said temporary sign may be displayed for a maximum of thirty (30) days from the date a permit is issued and shall not be displayed for more than a total of one-hundred-eighty (180) days in a calendar year with an intervening period of at least 30 days during which the sign is not displayed.

b.

One (1) temporary sign which is forty-eight (48) square feet or less may be displayed on nonresidential property that is currently being offered for sale, lease, or currently under construction or undergoing renovation(s) upon issuance of a permit in accordance with Section 702. Said temporary sign shall be removed once the property is sold, leased, or after construction or renovation activities are completed.

c.

Temporary signage in an amount not to exceed one (1) percent of the square footage of the zoning lot, with no individual temporary sign larger than eighteen (18) square feet. Such signs must be posted within a permanent frame or other similar device intended for the display of a temporary sign and shall not be snipe signs. Such signs may be continuously displayed but shall be made of non-durable material installed in a permanent frame or other similar device.

d.

Temporary signs located on nonresidential property may display messages of a commercial or non-commercial nature, provided that temporary signs meeting the definition of "off-site sign" as defined in this article are not permitted.

4.

Temporary signs in the public right-of-way:

a.

Temporary signs in the public right-of-way may be displayed for a period not to exceed 45 consecutive days and a total of 180 days in a calendar year with an intervening period of at least 30 days during which the sign is not displayed.

b.

No more than one (1) temporary sign in the public right-of-way per fifty (50) linear feet of lot frontage, or fraction thereof, shall be permitted.

c.

Temporary signs greater than three (3) square feet shall not be placed in the public right-of-way without obtaining a permit for such placement in accordance with Section 702.

d.

Temporary signs which are three (3) square feet or less may be placed in the public right-of-way without the need for a permit.

e.

Temporary signs allowed in the public right-of-way shall be set back a minimum of eight (8) feet from the curb of any street, or as specified for the placement approved as part of a permit issued in accordance with Section 702 of these regulations.

f.

No temporary signs shall be permitted in K-15 Highway right-of-way.

5.

For the limited purpose of complying with the provisions of K.S.A 25-2711 and as a narrow exception to the rules otherwise stated in this Section 705, the general provisions of Section 705 shall not limit the number of political signs on private property or the unpaved city right-of-way during the 45-day period prior to any election and the two-day period following any election.

a.

For the protection of the public health, safety, and welfare and the preservation of traffic sight lines, the size and setback provisions of the regulations found in Section 705 shall continue to apply during the 45-day period prior to any election and the two-day period following any election.

b.

The K-15 Highway right-of-way is controlled by the State of Kansas and the narrow exceptions to the general rules of this Section 705 found in this subsection 5 do not apply to the K-15 Highway right-of-way.

c.

In the event that K.S.A. 25-2711 is repealed by the Kansas Legislature, the provisions of this Section 705.B.5 shall be void and all remaining provisions of Section 705 which apply to all temporary signs will equally apply to the placement of political signs on private property and in the unpaved city right-of-way during the 45-day period prior to any election and the two-day period following any election.

A.

Message Substitution: For any sign authorized or permitted, a noncommercial message may be substituted for any allowed commercial message or any allowed noncommercial message, provided that the sign is otherwise legal. The purpose of this provision is to prevent inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not allow substitution of an on-site commercial message with an off-site commercial message.

B.

Construction and Electrical Codes:

1.

All signs shall be installed in compliance with adopted City building and electrical codes.

2.

Electrical supply lines to all signs shall be installed underground.

C.

Gross Surface Area of Sign:

1.

Gross surface area of a sign shall be calculated as the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. Such perimeter shall not include any structural elements lying outside the limits of such sign and which do not form an integral part of the display.

2.

Area shall be calculated for only the larger of the two sides if both sides of a structure are utilized for sign purposes.

3.

Gross surface area of signs shall be in accordance with the applicable district regulations within which a sign is located, or as may otherwise be permitted by these regulations.

D.

Height of Signs:

1.

The maximum height of signs shall be measured from the base of the sign to the highest element of the sign.

2.

Minimum clearance of signs shall be measured from the grade of the adjacent public right-of-way to the lowest point of the sign projecting over the public right-of-way.

3.

Height of signs shall be in accordance with the applicable district regulations within which the sign is located, or as may otherwise be permitted by these regulations.

E.

Illuminated Signs:

1.

Residential Restriction: Illuminated signs located in any residential district shall be shaded as necessary to avoid casting bright light upon adjacent property.

2.

Electronic Message Signs: The following provisions shall apply to all existing and new electronic message signs:

a.

Electronic message signs may comprise all or part of a sign up to a maximum gross surface area of 50 square feet.

b.

No electronic message sign shall be installed, nor shall any existing sign be replaced by or modified by the addition thereto of an electronic message sign within 100 ft. of a property zoned R-1, R-1A, R-1B or R-1C, as measured from the nearest edge of the sign to the nearest property line of the residential zoned property.

c.

No electronic message sign or portion of a sign with an electronic message feature shall be located closer than 50 linear feet to an existing electronic message sign.

d.

Brightness limits shall be set at a maximum of 5,000 nits between sunrise and sunset, and at a maximum of 500 nits between sunset and sunrise. Each electronic message sign shall be equipped with a light sensing device to automatically adjust the brightness in accordance with these standards.

e.

Frames shall have a minimum display time of two (2) seconds per frame. Display times less than two (2) seconds per frame shall be considered flashing.

f.

The owner of an electronic message sign shall provide contact information for a person who is available to be contacted at any time and who is able to turn off the electronic sign promptly if a malfunction occurs.

g.

If at any time, the display of an electronic message sign malfunctions or is no longer working, said electronic message sign shall be subject to the maintenance provisions of Section 706.G.

h.

Should any electronic message sign be found by the Zoning Administrator to compromise the safety of vehicular or pedestrian traffic, or otherwise be injurious to surrounding properties, the owner of the sign shall reduce the intensity of the sign to a level acceptable to the City.

F.

Location:

1.

No part of any permanent sign shall be placed closer than 50 feet to an existing permanent sign on an adjacent lot.

2.

No sign shall be erected so as to project over a public right-of-way, except as an exception approved by the Board of Zoning Appeals, in which case the clearance of such sign is at least eight feet above the public sidewalk area and is based on a necessity to properly advertise a business location.

3.

All temporary signs that are allowed to be placed in the public right-of-way must be a minimum of eight (8) feet from the back of the curb unless otherwise specified in the district regulations.

G.

Maintenance and Inspection:

1.

All signs shall be properly maintained. Exposed surfaces shall be cleaned and painted if paint is required. Defective parts shall be replaced. The Zoning Administrator or Designee shall have the right to order the repair or removal of any sign which is defective, damaged or substantially deteriorated. An order to repair or remove a sign shall not require a sign permit.

2.

The owner or permittee of any sign found to be in violation because of needed repairs, maintenance or violation of these regulations or other codes may be cited by the Zoning Administrator or Designee in written notice specifying the violation. If the owner or permittee fails to repair or remove it within 45 days after such notice, the City may remove the sign at the expense of the permittee or owner of the property on which it is located.

3.

Inspection Upon Completion: Any person installing, structurally altering or relocating a sign for which a permit has been issued shall notify the Zoning Administrator or Designee upon completion of work. The Zoning Administrator or Designee may require, at the time of issuance of a permit, that written notification for an inspection be submitted prior to the installation.

H.

Traffic Safety:

1.

No sign shall be located such that it interferes with the view necessary for motorists to proceed safely through intersections or to enter onto or exit from a public street or private drive.

2.

No sign shall be erected such that due to location, color, size, shape or message it would tend to obstruct the view or be confused with traffic signals or other traffic control signs erected by governmental agencies.

3.

No sign shall be located in any vision triangle as defined herein in such a manner that will impair vision through the restricted area, except traffic signs.

I.

Number of Signs:

1.

Except for the following situations, the number of signs allowed for a specific site (lot, zoning lot, etc.) shall be as set forth in other sections of this article.

a.

Corner and through lot sign restrictions: on corner and through lots, each lot line that abuts a street or highway shall be considered a separate street frontage. On corner and through lots, restrictions that are phrased in terms of "signs per zoning lot" shall be deemed to authorize the allowable number of signs facing each street or highway that abuts the lot.

b.

Sites (parcel, zoning lot, etc.) with frontages of more than 1,000 feet and under one ownership: 1 sign authorized for each 1,000 feet or fraction thereof along each street frontage.

c.

Commercial developments under single or multiple ownerships, where signs are located within the boundaries of such development but may be considered "off-site" for a business within that development; Number of signs shall be approved by the Planning Commission after submittal of a Sign Plan.

A.

R-1, R-1A, R-1B, R-1C, R-2, R-3, R-4 Residential and MH-1 Manufactured Home Park Districts: Display of signs in these districts will generally offer identification, instructions for the public and limited business information. These signs are not intended for extensive advertising.

1.

Number of Signs Authorized: One of any authorized type per zoning lot, or per 1,000 lineal feet for large lots, and as otherwise provided for by Section 706.I.

2.

Types, Size and Maximum Gross Surface Area of Signs Authorized:

a.

Home Occupation Sign: Maximum gross surface area of two (2) square feet which is affixed flush to the wall of a building.

b.

Monument Sign: Maximum height of six (6) feet, maximum width of two (2) feet and a maximum length of ten (10) feet for location on apartments, manufactured home parks and for nonresidential uses as may be authorized in residential districts.

c.

Portable Sign: One (1) portable sign which is thirty-two (32) square feet or less will be allowed in residential areas for not more than 72 hours limited to four (4) permits per calendar year, one (1) in each quarter with no two permits being allowed consecutively without an intervening period of at least 30 days during which the sign is not displayed. The sign must be placed on the property of the owner and a permit must be issued in accordance with Section 702 for each occasion.

d.

Subdivision Sign: One (1) sign with a maximum gross surface area of 64 square feet may be located at each entrance to a subdivision where undeveloped lots are for sale in said subdivision. Such sign shall be removed when 90% of the lots in the subdivision have been sold.

e.

Wall, Projecting, or Marquee Sign: Permitted for non-residential uses only. Not to exceed 10% of aggregate square footage of the wall area upon which it is installed; provided, however, that no individual sign shall exceed 200 square feet and the total surface area of all signs on a given wall shall not exceed 400 square feet.

3.

Illumination: Signs shall only be indirectly illuminated.

B.

B-1, B-2, and B2-A Business and I-1 Institutional Districts:

1.

Number of Signs Authorized:

a.

One monument or ground sign per platted or zoning lot, and as otherwise provided for by Section 706.I.

b.

And any permitted wall, projecting, marquee, directional/informational, or portable sign.

2.

Types, Size and Maximum Gross Surface Area of Signs Authorized:

a.

Ground Sign: Maximum height of 20 feet, maximum width of three feet, and maximum length of 15 feet.

b.

Directional/Informational Sign: Six square feet.

c.

Monument Sign: Maximum height of six feet, maximum width of two feet and maximum length of 15 feet.

d.

Portable Sign: One (1) portable sign which is thirty-two (32) square feet or less is permitted for each licensed business and shall be limited to four (4) 15-day permits per calendar year, one (1) in each quarter with no two permits being allowed consecutively without an intervening period of at least 30 days during which the sign is not displayed.

e.

Wall, Projecting, or Marquee Sign: Not to exceed 25% of aggregate square footage of the wall area upon which it is installed; provided, however, that no individual sign shall exceed 300 square feet and the total surface area of all signs on a given wall shall not exceed 900 square feet.

3.

Illumination: Illuminated signs shall be authorized in accordance with Section 706.E of these regulations.

C.

B-3 Business District and B-5 Restricted Commercial, Warehousing and Limited Manufacturing:

1.

Number of Signs Authorized:

a.

One of either monument or ground sign per platted or zoning lot, and as otherwise provided for by Section 706.I.

b.

And any authorized wall, projecting, marquee, portable, or directional/informational sign.

c.

The number of "off-site" ground or monument signs allowed, when requested as part of a specific, overall commercial development, shall be determined by the Planning Commission after review of a Sign Plan.

2.

Types, Size and Maximum Gross Surface Area of Signs Authorized:

a.

Ground Sign: Maximum height of 25 feet, maximum width of three feet and maximum length of 15 feet.

b.

Directional/Informational Sign: Six square feet.

c.

Monument Sign: Maximum height of six feet, maximum width of two feet and maximum length of 15 feet.

d.

Portable Sign: One (1) portable sign which is thirty-two (32) square feet or less is permitted for each licensed business and shall be limited to four (4) 15-day permits per calendar year, one (1) in each quarter with no two permits being allowed consecutively without an intervening period of at least 30 days, during which the sign is not displayed.

e.

Wall, Projecting, or Marquee Sign: Not to exceed 30% of aggregate square footage of the wall area upon which it is installed; provided, however, that no individual sign shall exceed 400 square feet and the total surface area of all signs on a given wall shall not exceed 1,200 square feet.

3.

Illumination: Illuminated signs shall be authorized in accordance with Section 706.E of these regulations.

D.

B-4 Business District:

1.

Number of Signs Authorized:

a.

One of either a monument or ground sign per platted or zoning lot, and as otherwise provided for by Section 706.I.

b.

And any authorized wall, projecting, marquee, portable, roof, or directional/informational sign.

2.

Types, Size and Maximum Gross Surface area of Signs Authorized:

a.

Ground Sign: Maximum height of 25 feet, maximum width of three feet, and maximum length of 15 feet.

b.

Directional/Informational Sign: Six square feet.

c.

Monument Sign: Maximum height of six feet, maximum width of two feet and maximum length of 15 feet.

d.

Portable Sign: One (1) portable sign which is thirty-two (32) square feet or less is permitted for each licensed business and shall be limited to four (4) 15 day permits per calendar year, one (1) in each quarter with no two permits being allowed consecutively without an intervening period of at least 30 days, during which the sign is not displayed.

e.

Roof Sign: The maximum height of a roof sign may not exceed the roofline of the principle building by more than five (5) feet, unless approved as an exception in accordance with Section 708.

f.

Wall, Projecting, or Marquee Sign: Not to exceed 30% of aggregate square footage of the wall area upon which it is installed; provided, however, that no individual sign shall exceed 400 square feet and the total surface area of all signs on a given wall shall not exceed 1,200 square feet.

3.

Illumination: Illuminated signs shall be authorized in accordance with Section 706.E of these regulations.

E.

M-1 Industrial District:

1.

Number of Signs Authorized:

a.

One of either a monument or ground sign per platted or zoning lot, and as otherwise provided by Section 706.I.

b.

And any authorized wall, projecting, marquee, portable, roof, or directional/informational sign.

2.

Types, Size and Maximum Gross Surface Area of Signs Authorized:

a.

Ground Sign: Maximum height of 30 feet, maximum width of three feet and maximum length of 15 feet.

b.

Directional/Informational Sign: Six square feet.

c.

Monument Sign: Maximum height of six feet, maximum width of two feet and maximum length of 15 feet.

d.

Portable Sign: One (1) portable sign which is thirty-two (32) square feet or less is permitted for each licensed business and shall be limited to four (4) 15 day permits per calendar year, one (1) in each quarter with no two permits being allowed consecutively without an intervening period of at least 30 days, during which the sign is not displayed.

e.

Roof Sign: The maximum height of a roof sign may not exceed the roofline of the principle building by more than 10 feet, unless approval for a sign is approved as an exception by the Board of Zoning Appeals.

f.

Wall, Projecting, or Marquee Sign: Not to exceed 35% of aggregate square footage of the wall area upon which it is installed; provided, however, that no individual sign shall exceed 400 square feet and the total surface area of all signs on a given wall shall not exceed 1,400 square feet.

3.

Illumination: Illuminated signs shall be authorized in accordance with Section 706.E of these regulations.

(Ord. No. 2529, § 1.22, 5-23-23)

There may be proposed signs that will not satisfy all requirements of these regulations. An application for such proposed sign may be submitted for approval of the Board of Zoning Appeals as an exception. In approving such signs, the Board shall take into consideration the following criteria:

A.

A literal application of these regulations would create a particular hardship for the sign applicant, and the hardship caused does not apply generally to the City;

B.

Granting the exception would not be materially detrimental to the property owners in the vicinity;

C.

Granting the exception would not be contrary to the general objectives of these regulations and any approved site plan; and

D.

The Board may attach additional conditions necessary to carry out the spirit and intent of these regulations.

A.

Legal nonconforming signs are signs existing prior to the approval of these regulations which do not now conform to the specific provisions of these regulations and, thus, may be eligible for the designation "Legal nonconforming sign" provided that:

1.

The Zoning Administrator or designee determines such signs are properly maintained and do not in any way endanger the public; and the sign was installed in conformance with a valid permit, and/or erected legally, but which does not comply with subsequently enacted sign regulations.

2.

A legal nonconforming sign shall lose this designation if:

a.

The legal nonconforming sign is relocated or replaced.

b.

The structure or size of the legal nonconforming sign is altered in any way except toward compliance with these regulations. This does not refer to change of copy or normal maintenance.

c.

A sign which loses its legal nonconforming sign designation shall be removed and replaced in compliance with these regulations.

3.

Legal nonconforming signs are subject to all requirements of these regulations regarding safety, maintenance and repair.

B.

Illegal nonconforming signs are signs which were previously installed without a permit or not in conformance with a permit, or erected illegally and do not comply with these regulations after their effective date.

A.

In cases where a sign or signs are evident and the business, tenant or advertising entity is determined to be nonexistent, permanently closed, abandoned or otherwise obsolete, the property owner shall be held responsible for the maintenance, painting over or removal of signs on the property.

B.

Within 180 days from the date of business closing, the property owner shall maintain, repair or paint over signs on the property as indicated below or as approved by the Zoning Administrator.

1.

Signs that have been painted or applied directly to the building exterior walls or façade shall be painted over.

2.

Smooth surface metal or wood faced signs shall be painted over.

3.

Signs with applied raised letter or logos shall have letters and/or logos removed and the surface painted over.

4.

Signs with faces of sheet plastic, laminated plastic or molded plastic shall be replaced with blank copy.

C.

If it is deemed advisable by the Zoning Administrator or designee to remove the total sign for reasons of safety, health or public welfare, the owner shall remove or repair said sign after notification. When such sign is replaced, it shall conform to these regulations. If the sign is not removed or repaired within 48 hours of receipt of notification, the City may remove it and the owner may be billed for the cost of removal.

A.

The Code Enforcement Officer or designee shall make such investigations and issue notices of violation as are necessary for enforcement of the provisions of this Article.

B.

Any person violating any of the provisions of this article or causing, permitting or suffering the same to be done is guilty of a misdemeanor and shall be punished by a fine of not more than $500.

C.

The issuance or granting of a permit shall not be deemed or construed to be a permit for an approval of any violation of any of the provisions of this chapter.

D.

In addition to all other penalties for violation of this article, signs deemed to be in violation of the article by Code Enforcement may be removed and held until they are either redeemed by their owner upon payment of a fee set by City resolution or a period of 30 days expires, at which time the City may dispose of the signs.