This Chapter shall hereafter be known and cited as the Sign Regulations. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

This Chapter of the Zoning Ordinance is established to create the standards for a comprehensive and balanced system of sign regulations for the following purposes:

   (A)   To encourage, as a means of communication in the City of Dixon, the employment of signs which are:

      1.   Compatible with their surroundings.

      2.   Appropriate to the type of activity to which they pertain.

      3.   Expressive of the identity of individual proprietors.

      4.   Legible in the circumstances in which they are seen.

      5.   Respectful of the reasonable rights of other sign owners and property owners.

   (B)   To preserve, protect and promote the public health, safety, morals and welfare.

   (C)   To improve pedestrian and traffic safety.

   (D)   To maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development by promoting the reasonable, orderly and effective display of signs.

   (E)   To minimize the possible adverse effect of signs on nearby public and private property.

   (F)   To preserve the value of private property by assuring the compatibility of signs with surrounding land uses.

   (G)   To ensure that signs are designed as integral architectural elements of the building and site to which they principally relate. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

No sign shall be constructed, erected, initially painted, converted, altered, rebuilt, enlarged, remodeled, relocated or expanded until a permit for such sign has been obtained in accordance with the standards and procedures set out in this Chapter. However, no permit shall be required for routine maintenance as defined herein. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the City any sign or other advertising structure, as defined in Chapter 2, without first obtaining a sign permit from the Building Official and making payment of the fee required by Section 6-6-8. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code. No permit shall be required for routine maintenance of a sign. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

Application for sign permits shall be made upon a form provided by the Building Official, and shall contain or have attached thereto the following information:

   (A)   Name, address and telephone number of the applicant.

   (B)   Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

   (C)   Position of the sign or other advertising in relation to nearby buildings or structures.

   (D)   One blueprint or ink drawing of the plans and specifications and method of construction and attachment to the building or in the ground.

   (E)   Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City.

   (F)   Name of person, firm, corporation or association erecting structure.

   (G)   Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.

   (H)   Insurance policy or bond as required by Sections 6-6-17 and 6-6-18.

   (I)   Such other information as the Building Official shall require to show full compliance with this and all other laws and ordinances of the City. The above information may be waived by the Building Official where not applicable due to site or other conditions. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used, shall provide adequate plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the City. The Building Official shall approve said application and issue a permit only if the plans and specifications comply with said Electrical Code. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

It shall be the duty of the Building Official, upon the filing of an application for a sign permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this Chapter and all other laws and ordinances of the City, he shall then issue the sign permit. If the work authorized under a sign permit has not been completed within one hundred eighty (180) days after date of issuance, the said permit shall become null and void. If work authorized by said permit is suspended or abandoned for six (6) months at any time after the work has commenced, a new permit shall be first obtained prior to recommencing work and the fee shall be the amount required for a new permit for such work. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

Every applicant, before being granted a permit hereunder shall pay the following permit fee for each such sign or other advertising structure, regulated by this Chapter.

   (A)   Fifty cents ($.50) per square foot for the first fifty (50) square feet of sign area.

   (B)   Twenty five cents ($.25) per square foot for each square foot of sign area thereafter.

   (C)   A minimum permit fee of five dollars ($5.00) shall be paid if the sign has an area less than ten (10) square feet.

   (D)   Fees charged for permits issued and appeals shall be as established and may be, from time to time, amended by the City Council.

Persons guilty of erecting or maintaining a sign without first securing the necessary permit shall be subject to a penalty fee of fifty percent (50%) of the normal fee amount in addition to the obligation to pay the normal fee in addition to any other remedies the City may have under the City Code. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   If an application for a sign permit is denied by the Building Official, he shall give written notice of the denial to the applicant, together with a written statement of the reason for the denial. The Building Official may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application. Appeal of said denial shall be made to the Zoning Board of Appeals. Such appeal shall be made by filing a petition to the Zoning Board of Appeals to request a hearing at their next meeting, and said request for hearing shall be made in writing to the Building Official.

   (B)   The decision of the Zoning Board of Appeals may be appealed by the applicant to the City Council. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   Any person installing, altering or relocating a sign for which a permit has been issued shall notify the Building Official upon completion of the work. The Building Official may require a final inspection, including an electrical inspection and inspection of footings on free standing signs.

   (B)   The Building Official may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

A sign permit shall lapse if the business activity on the zoning lot is discontinued for a period of one hundred eighty (180) days or more, and is not renewed within sixty 60 days of a notice from the City to the last permittee. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

All rights and privileges acquired under the provisions of this Chapter or any amendment thereto, are mere licenses revocable at any time by the Building Official upon failure of the holder thereof to comply with any provisions of this Chapter and all such permits shall contain this provision. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   If the Building Official shall find that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or is being maintained in violation of the provisions of this Chapter, he shall give written notice to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the standards herein set forth within twenty (20) days after such notice, such sign or other advertising structure may be removed or altered to comply by the Building Official at the expense of the owner. The Building Official shall refuse to issue a permit to any permittee or owner who refuses to pay costs so assessed.

   (B)   The Building Official may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice. Signs removed in this manner must present a hazard to the public safety as defined in Section 121.0 of the BOCA Building Code. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or structure upon which such sign may be found within six (6) months after written notification from the Building Official, and, upon failure to comply with such notice within the time specified in such order, the Building Official is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

   (B)   The Building Official may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. After removal or demolition of the sign, a notice shall be mailed to the sign owner and the property owner stating the nature of the work and the date on which it was performed and demanding payment of the costs as certified by the Building Official together with an additional ten percent (10%) for inspection and incidental costs. For purposes of this paragraph, the sign owner and property owner shall be jointly and severally liable for the removal or demolition of the sign and for the ten percent (10%) charge for inspection and incidental costs.

   (C)   If the amount specified in the notice is not paid within thirty (30) days of the notice, it shall become a lien against the property of the sign owner.

   (D)   The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the Building Official, as in the case of a leased sign.

   (E)   For purposes of removal, the definition of sign shall include sign embellishments and structures designed specifically to support the sign. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

The owner of any sign as defined and regulated by this Chapter shall be required to have properly painted at least once every two (2) years all parts and supports of the said sign, unless the same are galvanized or otherwise treated to prevent rust. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

The provisions and regulations of this Chapter shall not apply to the following signs, provided however, said signs shall be subject to the provisions of Section 6-6-13, and the maintenance and public safety requirements of this Chapter.

   (A)   Real estate signs not exceeding six (6) square feet in area which advertise the sale of the premises upon which said signs are located, and shall also comply with the requirements of Section 6-6-23 (Signs in Areas Zoned Residential).

   (B)   Professional name plates not exceeding two (2) square feet in area.

   (C)   Signs painted on the exterior surface of a building or structure, provided, however, if said signs have raised borders, letters, characters, decorations or lighting appliances, they shall be subject to all applicable provisions of this Chapter.

   (D)   Bulletin boards not over sixteen (16) square feet in area for public, charitable or religious institutions when the same are located on the premises of said institutions.

   (E)   Construction signs when placed upon work under construction, and not exceeding sixty four (64) square feet in area, provided that such signs shall be erected no more than thirty (30) days prior to the commencement of construction for which a valid building permit has been issued, shall be confined to the site of construction and shall be removed immediately upon completion of construction and prior to occupancy. Construction signs shall be prohibited in residential districts.

   (F)   Nameplates not exceeding two (2') square feet in area.

   (G)   Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

   (H)   Traffic or other Municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council.

   (I)   Flags, emblems, or insignia of any nation or political subdivision or corporate flag.

   (J)   Banner signs of a primarily decorative nature which are incidental, customary and commonly associated with any national, local or religious holiday.

   (K)   Signs located within the interior of any building or stadium or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court or entrance of any theater. This provision does not exempt such signs from the structural, electrical or materials specifications as set out in this Chapter.

   (L)   "No trespassing" or "no dumping" signs which do not exceed one and one--half (1/2) square feet in area and do not exceed four (4) in number per premises, except that permission may be obtained from the Building Official for any additional signs under warranted circumstances.

   (M)   Temporary signs pertaining to civic, philanthropic, educational or religious organizations, provided said sign does not exceed eight (8) square feet in area, is posted not more than fourteen (14) days prior to said event and is removed not more than three (3) days after said event. No sign shall be located in the public right-of-way.

   (N)   Signs warning the public of the existence of danger, but containing no advertising material.

   (O)   Incidental signs. (See Chapter 2 "Definitions")

   (P)   Subdivision Identification Signs. Subdivision and multiple family complex identity signs, provided that:

      1.   Only one sign is erected on each corner at each primary entry to the subdivision or complex; and

      2.   If there is more than one primary entrance, the separation between signs along the perimeter of the complex shall be at least two hundred (200) feet; and

      3.   The sign area of an individual sign does not exceed fifty (50) square feet on both sides of a two-sided sign, or fifty (50) square feet on a one-sided sign; and

      4.   The sign contains only the name of the subdivision or complex and appropriate logo, and does not contain a commercial message; and

      5.   The sign is located outside of the "site clearance triangle", defined in Chapter 2, Section 6-2-3A; and

      6.   The sign has a landscaped base.

   (Q)   Window Signs. Signs affixed to the inside of a window, advertising commercial situations relating to goods or services sold on premises, provided that the total of all signs in the window area does not exceed twenty (20) percent of the window area.

   (R)   Banner signs hung on any light posts owned by the City, a governmental entity or public utility which publicize the City or a City event and advertise solely the name of the sponsoring entity. Approval of the City Council and all other required entities must be obtained prior to installation of any banner sign as provided herein. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997; Ord. 2698, 6-16-2008)

Every applicant for a permit referred to herein shall, before the permit is granted, file with the Building Official, a continuing bond in the penal sum of fifteen thousand dollars ($15,000.00), executed by the applicant and a surety company to be approved by the Building Official and conditioned for the faithful observance of the provisions of this Chapter and all amendments thereto, and of all laws and ordinances relating to signs and other advertising structures, and which shall indemnify and save harmless the City from any and all damages, judgments, costs or expense which the said City may incur or suffer by reason of the granting of said permit, or shall maintain sign insurance and shall file with the City the satisfactory certificate of insurance to indemnify the City against any form of liability and said policy shall have limits in the amount of one hundred thousand dollars/three hundred thousand dollars ($100,000.00/$300,000.00) public liability and fifty thousand dollars ($50,000.00) property damage, or a three hundred thousand dollars ($300,000.00) combined single limit policy. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

All persons involved in the maintenance, installation, alteration, or relocation of signs shall maintain all required sign insurance and shall file with the City the satisfactory certificate of insurance to indemnify the City against any form of liability and said policy shall have limits in the amount of one hundred thousand/three hundred thousand dollars ($100,000.00/$300,000.00) public liability and fifty thousand dollars ($50,000.00) property damage, or a three hundred thousand dollars ($300,000.00) combined single limit policy. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

No person shall perform any work or service for any person or for any government entity for compensation, in or in connection with the erection, construction, enlargement, alteration or repair, moving, improvement, maintenance, conversion or manufacture of any sign in the City, or cause any such work to be done unless such person or firm is a registered sign contractor with the City. The City shall honor the registration certificate issued by the City of Rock Falls, Illinois, or the City of Sterling, Illinois, provided that prior to the issuance of registration the applicant shall provide to the City the documents required by Sections 6-6-17 and 6-6-18 of this Chapter. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

No sign shall be erected, relocated or maintained so as to prevent free ingress and egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

No sign or other advertising structure as regulated by this Chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device; or which makes use of the words "Stop", "Look", "Drive-in", "Danger" or any other word, phase, symbol or character in such manner as to interfere with, mislead or confuse traffic. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

All signs not expressly permitted under this Chapter or exempt from regulation under Section 6-6-16, are prohibited in the City of Dixon. Such prohibited signs include, but are not limited to:

   (A)   It shall be unlawful for any person to erect, post or maintain any sign within the public right-of-way or on public property, except as otherwise allowed in this Chapter 6.

   (B)   It shall be unlawful for any person to maintain any sign which extends over public property, and which is wholly or partially illuminated by floodlight or spotlight.

   (C)   It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent, pornographic or immoral matter.

   (D)   It shall be unlawful for any person to attach or maintain any sign to a tree or utility pole, whether on public or private property.

   (E)   It shall be unlawful for any person to erect or maintain any portable signs.

   (F)   It shall be unlawful for any person to erect or maintain a roof sign.

   (G)   It shall be unlawful for any person to erect or maintain a billboard in the Central Business District or in any other zoning district not specifically permitted by this Chapter.

   (H)   It shall be unlawful for any person to erect or maintain a flashing sign.

   (I)   It shall be unlawful for any person to erect or maintain an off-premises sign, except billboard signs as permitted in this Chapter.

   (J)   No person shall, for the flagrant purpose of providing advertisement of products or directing people to a business or activity, park any vehicle or trailer on the public right-of-way, public property, or private property so as to be prominently visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device, for a period of more than seven consecutive days.

   (K)   Animated signs, not including electronic message signs. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

The following restrictions shall apply to signs placed on real estate zoned residential.

   (A)   General Standards:

      1.   Each sign shall be set back from the street line a distance of at least one-half (1/2) of the required minimum setback specified in the zoning regulations.

      2.   For each dwelling unit there shall be allowed one nameplate not exceeding two (2) square feet in area indicating the name and/or address of the occupant, and, where applicable, a professional status, but not to indicate the product or business.

   (B)   For Sale Signs:

      1.   No more than one For Sale sign shall be allowed on a single property or lot except on a corner lot where two (2) such signs shall be allowed.

      2.   For Sale signs shall not exceed six (6) square feet in area, may not be illuminated and must be for sale of the residence or building on the premises on which such sign is erected or maintained. Removal of said sign must be done immediately upon the sale of the property.

      3.   When six (6) or more dwelling units are contained on one parcel and are offered for sale by the same party there shall be permitted one sign facing each public street providing access to the property being offered. The For Sale sign shall not be illuminated and must be for the sale of premises or building on which such sign is erected or maintained.

   (C)   Non-illuminated ground signs not exceeding twelve (12) square feet located on property which has been granted a Special Use under Chapter 13 of this Title. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

The following restrictions shall apply to signs placed on a parcel zoned business or manufacturing:

   (A)   General Standards:

      1.   Sign Setback: Each sign shall be set back from the street line a distance of at least one-half (1/2) the required minimum setback specified in the zoning regulations.

      2.   Sign Area: The total square footage of any permissible sign allowed on said zoning lot shall be determined by the sign area table below.

      3.   Computation Of Area Of Individual Signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color framing an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets the regulations of this Chapter, and is clearly incidental to the display itself.

      4.   Computation Of Area Of Multifaced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all of the sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty two inches (42”) apart, the sign area shall be computed by the measurement of one of the faces.

      5.   Sign Area Table: The following table shall be used to determine the total surface area of all signs oriented to any street in any business, commercial or industrial area (shopping centers for the purpose of this Chapter are defined as a separate area). The total surface area of all signs oriented to any street shall not exceed fifteen (15) times the square root of street frontage on that street, and the combined area of all signs shall not exceed fifteen (15) times the square root of the combined street frontage.

 

      6.   Signs which are of metal construction and are illuminated by internal wiring or electrically wired accessory fixtures shall maintain a clearance of ten feet (10'). Accessory lighting fixtures attached to a nonmetal frame shall maintain a clearance of not less than ten feet (10') above the sidewalk or ground. If a metal sign or accessory fixture is grounded by use of a grounding conductor and said structure or fixture is also grounded by being bonded to a grounding electrode at the sign's site, the above clearance requirements shall not be applicable.

      7.   Front, side and rear wall signs may be of a gaseous tube type or may be illuminated by interior means of lighting or by indirect lighting designed to flood only the area of the sign with light and to prevent light from being reflected to surrounding properties.

      8.   Projecting signs shall be at least eight feet (8') above the public sidewalk over which it is erected and a distance not greater than eighteen inches (18") from the face of the wall to which it is attached measuring from the point of the sign furthest from the face of the wall; nor shall any sign or any part thereof extend nearer the curb line than two feet (2'). Every projecting sign erected over public driveways or alleys with thoroughfares shall be placed not less than fifteen feet (15') above the level of the same.

      9.   All awnings hereafter erected over any sidewalk shall be elevated so that the lowest part shall be at least eight feet (8') above the top of the sidewalk and shall not extend to exceed three-fourths (3/4) of the width thereof; such awning shall be supported without posts by brackets or by framework attached firmly to the building so as to leave the sidewalk wholly unobstructed.

      10.   Canopies and other similar structures hereafter erected over any sidewalks shall be elevated so that the lowest part shall be at least ten feet (10') above the top of the sidewalk and shall not project over the sidewalk in excess of three feet (3'). (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   No more than one For Sale sign shall be permissible for each street frontage.

   (B)   For Sale signs must be for the sale of the premises or building on which such sign is erected or maintained and shall be removed immediately upon the sale of said property.

   (C)   In areas zoned as business or manufacturing districts the maximum sign shall be thirty-two (32) square feet. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

Wall signs as regulated by this Chapter shall include all flat signs of solid base construction which are placed against a building or other structure or attached to the exterior, front, rear, or side wall of any building or structure.

   (A)   Front Wall Signs: The following regulations pertain to front wall signs:

      1.   Where a single principle building is being used by two (2) or more businesses, there may be only one front wall sign on the building.

      2.   No front wall signs in the Central Business District shall be permitted to extend more than eighteen inches (18") beyond the building line, and shall be attached to a wall at a height of not less than eight feet (8') above the sidewalk or ground. The lettering or sign face shall run parallel to the face of the building.

      3.   Front wall signs in areas other than the Central Business District shall not be permitted to extend more than seventy two inches (72") beyond the building line, and shall not project over a public sidewalk or right-of-way more than eighteen inches (18") from the wall to which it is attached.

   (B)   Side Wall Signs:

      1.   Signs may be placed on the side of a building or structure but said signs shall be of a square footage no greater than twenty five percent (25%) of the allowable permitted area for a front wall sign on the same building. When the principal entrance for a separate business is located at the side of a building that fronts a street, the business is allowed their own sign area in conformance to the Sign Area Table in Section 6-6-24 A.3.

      2.   The lettering on the sidewall sign shall run parallel to the side of the building and said sidewall sign shall extend no more than eighteen inches (18") from the sidewall to which it is attached measuring from the point of the sign furthest from the face of the wall.

   (C)   Rear Wall Signs:

      1.   Rear wall signs shall be of a square footage no greater than twenty five percent (25%) of the allowable permitted area for a front wall sign on the same building. When the principal entrance for a separate business is located at the rear of a building that fronts a street, the business is allowed their own sign area in conformance to the Sign Area Table in Section 6-6-24 A.3.

      2.   The lettering on said rear wall sign shall run parallel to the rear wall of the building and said rear wall sign shall extend no more than eighteen inches (18") from the rear wall to which it is attached measuring from the point of the sign furthest from the face of the wall. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   Location:

      1.   It shall be unlawful to erect any free standing sign which total height is greater than twenty five feet (25') above the level of the street upon which the sign faces, or above the adjoining ground level where such ground level is above the street level, except as provided in Section 6-6-29 (Signs Accessory to Shopping Centers).

      2.   No metal free standing sign shall be located within eight feet (8') vertically and four feet (4') horizontally of electric wires or conductors carrying more than forty eight (48) volts, notwithstanding whether such wires or conductors are insulated or otherwise protected.

      3.   A maximum of four (4) freestanding signs shall be permitted on any one zoning lot. The total square footage of all free standing signs on one lot shall be combined when determining the maximum amount of signage area for said lot.

      4.   No free standing sign shall be nearer than three feet (3') from the property line as measured from the edge of the sign closest to the property line.

   (B)   Erection:

      1.   All free standing signs shall be securely built, constructed and erected upon posts and standard sunk at least forty two inches (42") below the natural surface of the ground and shall be supported and braced by timbers or metal rods in the rear thereof, extending from the top thereof to a point in the ground at least a distance equal to one-half (1/2) the height of such sign, measured along the ground, from the post or standards upon which the same is erected. The requirement of a back base for a freestanding sign may be waived by the Building Official.

      2.   All ground signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all noxious substance, rubbish, weeds and grass longer than eight inches (8"). (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   Location:

      1.   Billboards may be erected only in areas zoned B-2, LM, GM where those areas are adjacent and contiguous to State highway routes.

      2.   Billboards may be erected on premises not pertaining to the business, industry or pursuit on which the sign is erected or maintained, provided a written lease executed by the applicant and the owner of said premises is submitted at the time application is made.

   (B)   Construction:

      1.   The Sign Area Table of this Chapter shall apply to the maximum square footage allowed per zoning lot.

      2.   Reflectors shall be provided with the proper glass lenses concentrating the illumination upon the area of the sign and preventing glare upon the street or adjacent property.

   (C)   Size:

      1.   Billboards may be double faced, with only one surface applying to the square footage allowable on said property.

      2.   No billboard shall be nearer the street than one-half (1/2) of the required setback lines as specified in the applicable zoning ordinances or nearer than twenty-five feet (25') from any building.

      3.   No two (2) billboards may be closer than three hundred feet (300') unless separated by a permanent structure or roadway. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   One shopping center identification sign not exceeding four hundred (400) square feet may be erected, advertising only the name, location and special events of the shopping center, and the names of the tenants therein. Such sign shall be placed so as to be located entirely within the property lines of the premises upon which it is located. The overall height of the sign shall not exceed fifty feet (50') above grade of the adjacent street or above the street level if the adjoining ground level is above the street level. The bottom edge of said sign shall be at least ten feet (10') above grade.

   (B)   Signs for individual tenants or occupants of a shopping center shall follow the regulations set forth in Section 6-6-25 (For Sale Signs in Areas Zoned Business or Manufacturing) of this Chapter. Any occupant or tenant that occupies space on an exterior wall visible to the public may have a front, side or rear wall sign, but individual tenants and occupants may not have freestanding signs.

   (C)   Other persons or businesses, not tenants or occupants of the shopping centers, who do not have road frontage for a sign on their own property and whose only means of access is through a shopping center, may have one sign not to exceed one hundred eighty five (185) square feet. The sign must be attached to or, if freestanding, appearing to be attached to the shopping center identification sign and located so as not to interfere with the vision of the existing shopping center identification sign.

   (D)   If there is no shopping center identification sign on said premises, the applicant may erect a sign in compliance with Section 6-6-27 (Free Standing Signs); provided that paragraph 6-6-27(A)3 shall not apply and such sign shall be located at the entrance to the shopping center closest to the applicant's access.

      1.   A written authorization signed by the owner of said shopping center granting permission to erect such sign shall be submitted at the time of the application. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   Permits for temporary signs shall authorize the erection of said signs and their maintenance for a period not exceeding thirty (30) days in a 12 month period.

   (B)   The advertisement contained on any temporary sign shall pertain only to the business, industry or pursuit conducted on or within the premises on which such sign is erected or maintained. This provision shall not apply to signs of civic, political or religious nature.

   (C)   No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare.

   (D)   The following signs shall be erected on a temporary basis only in accordance with the requirements of this Section and all other regulations of this Chapter:

      1.   Beacons, including any rotating or multibeam lights and strobes.

      2.   Pennants.

      3.   Inflatable signs and tethered balloons. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

   (A)   Existing signs or other advertising structure lawfully in existence on the effective date of this Title, and which do not conform to the specific provisions of this Chapter shall be designated as "legal nonconforming" signs. A legal nonconforming sign shall not be altered or moved unless it is made to comply with the provisions of this Chapter 6 and Chapter 4.

   (B)   A legal nonconforming sign shall lose its nonconforming status if the sign is relocated or replaced or the structure or size of the sign is altered in any way except toward compliance with this Chapter.

   (C)   The provisions of this Section shall not exempt the owner of any nonconforming signs from the requirements of Section 6-6-18 (Sign Insurance Required) pertaining to liability insurance.

   (D)   A legal nonconforming sign is subject to all requirements of this Chapter regarding safety, maintenance and repair. If the sign suffers more than fifty percent (50%) appraised damage or deterioration, it must be brought into conformance with this Chapter or removed. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

In any case where a variation has been granted, and where no work pertinent thereto has been initiated within one (1) year from the date of approval of the requested variation, then without further action by the Zoning Board of Appeals, said variation shall become null and void. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars ($500.00). Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 1973, 1-6-1997; amd. Ord. 1974, 1-6-1997)

In addition to the other requirements of this chapter, no cannabis business establishment nor any other person or entity may place or maintain, or cause to be placed or maintain, any sign or billboard advertising or promoting cannabis:

   (A)   Within one thousand feet (1,000) of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons twenty one (21) years of age or older;

   (B)   On or in publicly owned or publicly operated property; or

   (C)   That contains information that:

      1.   Is false or misleading;

      2.   Promotes excessive consumption of cannabis;

      3.   Depicts the actual consumption of cannabis;

      4.   Makes any health, medicinal or therapeutic claims about cannabis;

      5.   Includes the image of a cannabis leaf or bud; or

      6.   Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or any other likeness to images, characters, or phrases that is designed in any manner to be appealing to or encourage consumption of cannabis of persons under twenty one (21) years of age. (Ord. 3178, 12-2-2019)