(a)

Provide uniform sign standards and regulations in order to protect the health, safety and welfare, convenience, enjoyment of the general public.

(b)

Promote a positive city image reflecting order, harmony and pride, and thereby strengthening the economic stability of the City of Dothan's business, cultural, historical, and residential areas.

(c)

In the consideration of these regulations, it is determined that signs with a commercial or non-commercial message are a proper use on private property having the function of identifying businesses, services, residences, events and other matters of public interest.

(d)

Signs shall be regulated according to standards for the number, size, height, spacing and illumination in the interest of the public safety and welfare and promote a higher aesthetic and visual character in all areas of the city.

(e)

Nothing in these regulations is intended to inhibit an individual's right to express non-commercial messages protected by the First Amendment to the Constitution of the United States.

(f)

The requirements of these regulations shall apply to all signs, sign structures, awnings, and other types of sign devices located in the City of Dothan except:

(1)

Signs that cannot be seen from the public roadway and are located entirely on private property,

(2)

Signs that are located in any existing or future overlay district or planned unit development are subject to the requirements or restrictions established in those ordinances.

(Ord. No. 2015-336, § 1, 12-1-15)

Should any part, section subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

Administration of these regulations shall follow the procedures outlined in article III. The administrative official may implement procedures and policies, create forms and applications for the purpose of implementing these regulations.

(Ord. No. 2015-336, § 1, 12-1-15)

Definitions specific to signs and billboards may be found in article II of this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

The following signs may be erected without a sign permit and are not included in the determination of allowable numbers, type, area, illumination of signs, etc. Nothing in this section shall exempt an individual, who desires to erect a sign from the necessity of obtaining a building permit, should such be required by the adopted building code. Signs permitted by this section must conform to the standards enumerated and shall not be placed or constructed in a way that creates a hazard of any kind. Exemption from permitting shall not relieve the owner of the sign from the responsibility for ensuring its erection, placement and maintenance in accordance with all other provisions of this chapter. Signs allowed without a permit shall be limited to the following:

(1)

Any sign required to be maintained or posted by law or governmental order, rule or regulation.

(2)

Public warning signs which indicate a dangerous or hazardous condition or trespass warning so long as they do not contain logos or text advertising a commercial product or activity.

(3)

Address numbers complying with section 114-185 of this chapter.

(4)

Flags or insignia of any government, religion, association, fraternal order, charitable organization, academic, corporate, sporting or civic organization except when displayed in connection with commercial promotions. Flags of the United States must be flown in a manner that meets U.S. Congressional protocol (see United States Code, Title 36, Chapter 10).

(5)

Normal servicing of previously permitted sign structures, including a change of copy for billboards and a panel change in structures designed to allow changeable copy.

(6)

Memorial signs or tablets, historical markers, name of building signs and dates of erection when cut into any masonry surface or when constructed of bronze or other such durable and noncombustible materials and attached to the surface of the building.

(7)

Directory signs listing the businesses, tenants, or activities conducted within a building or group of buildings may be erected so long as they do not exceed 20 square feet and are limited to one sign per building.

(8)

Window signs not exceeding 25 percent of the glass area (pane) to which they are applied. Window signs shall be included in the total area allowed.

(9)

Changing the copy, announcement or message on a manual reader board.

(10)

Cleaning, painting or maintaining a sign that does not otherwise alter the size, or height of the sign.

(11)

Murals or other forms of public artwork provided any sponsorship information or logo does not exceed one and one-half square feet.

(12)

Time and temperature signs are permitted on non-residential parcels notwithstanding a general prohibition on animated signs. These signs may only display numerical information related to the time of day and/or temperature and must be kept accurate. They may be freestanding or attached to a building and are subject to any other applicable regulations. They shall not be counted as part of the occupant's allowable sign area.

(13)

Vehicle signs. Signs attached to a vehicle or trailer that is used in the normal day to day operation of the business being advertised and serves a useful function in the transportation of persons or commodities from one place to another. Signs attached to a vehicle or trailer and parked at a location other than the registered place of business are prohibited.

(Ord. No. 2015-336, § 1, 12-1-15)

It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from, these regulations. Unless indicated elsewhere, the following signs are expressly prohibited in all zoning districts of the City of Dothan.

(a)

Signs erected without a permit.

(b)

Window signs exceeding 25 percent of the glass area (pane) to which they are applied.

(c)

Signs attached or affixed to any tree, building, or other structure other than a frame for which it was designed.

(d)

Any sign or sign structure identifying a previous use or activity that has not occupied the site for a period greater than 60 days, does not maintain a current business license or pertains to a time, event or purpose which no longer applies shall be deemed abandoned and a violation of the ordinance.

(e)

Signs in violation of the building code or electrical code adopted by the City of Dothan.

(f)

Beacons, or strobe lights;

(g)

Searchlights in operation exceeding three consecutive days per year.

(h)

Any sign that, in the opinion of the administrative official, does or will constitute a safety hazard.

(i)

Signs with visibly moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, or mechanical means or that emit audible sounds, vapor, smoke, steam or involves the use of live animals (see section 114-220).

(j)

Signs consisting of moving, rotating or flashing lights or that otherwise contain animated displays by either mechanical or electronic means.

(k)

Freestanding signs which project into the public right-of-way except as otherwise permitted by these regulations [see section 114-219(e) and (f)].

(l)

Signs in the public right-of-way. Such signs are subject to removal without notice.

(m)

Signs that are of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists, or pedestrians or that illuminate adjacent residential areas (see section 114-222).

(n)

Signs mounted to the structure of the roof and that project above the roof line.

(o)

Signs placed or painted or displayed on a motor vehicle or trailer parked or towed with the primary purpose of providing advertising for a product, service, business or activity not established at that location.

(p)

Posters or handbills affixed to any structure or natural object in the right-of-way.

(q)

Temporary signs such as portable signs, A-frame signs, wind signs, captive balloons or banners except as permitted under the temporary signs provisions below.

(r)

Pursuant to Code of Ala. 1979, § 23-1-6, signs, markers, and advertising on the rights-of-way of state controlled highways are prohibited except those official signs or markers placed thereon by the State Department of Transportation or under its authority.

(Ord. No. 2015-336, § 1, 12-1-15)

Permanent signs require a permit and are to be located, placed, constructed, erected or modified on a lot or parcel as described on the permit application.

(a)

No new permit shall be issued until all signs on the site comply with the provisions of this article.

(b)

Applicability. No person shall erect, alter, relocate, repair, or change a sign without first obtaining a permit unless a permit is not required in accordance with section 114-211.

(c)

Permit contents. It shall be the applicant's responsibility to submit a complete application to the planning and development department on a form provided for that purpose signed by the property owner and/or sign owner and the sign contractor including all submission materials as described below.

(d)

Signs requiring electrical service, foundation work, etc. shall obtain a building permit conforming to the adopted building code and inspection requirements and the standards contained in this article. The building permit shall also be the sign permit. A permit application shall be required for each sign and accompanied by:

(1)

Payment in the amount of $50.00 per sign per trade inspection shall be made to the inspections services office when the permit is issued.

(2)

Two copies of a site plan, drawn to scale, indicating the location of all existing and proposed signs, both freestanding and wall-mounted relative to public right-of-way, lot lines, easements and buildings on the site. Design drawings for each sign including the dimension of any supporting structures including the maximum height of the sign as measured from finished grade.

(3)

Construction data shall be provided for signs exceeding a height of 20 feet including but not limited to; electrical load, wind load, anchorage or footing details certified by a registered engineer licensed to do business in the State of Alabama. The building official may require construction data for any sign.

(4)

Plans and specifications and methods of construction, electrical connections and attachment to the building or the ground for any freestanding sign or projecting sign.

(5)

Front façade with linear dimensions and calculation of sign size.

(6)

The type of illumination to be used.

(7)

A general description of materials to be used (metal, plastic, wood, etc.).

(8)

Any other data that the administrative official considers necessary to adequately review the application.

(e)

Signs not requiring electrical service, foundation work, etc., shall first obtain a sign permit conforming to the standards contained in this article. A permit application shall be required for each sign and accompanied by:

(1)

Payment in the amount of $25.00 shall be made when the sign permit application is submitted.

(2)

Two copies of a site plan, drawn to scale, indicating the location of all existing and proposed signs, both freestanding and wall-mounted relative to public right-of-way, lot lines, easements and buildings on the site.

(3)

Front façade with linear dimensions and calculation of sign size.

(4)

A general description of materials to be used (metal, plastic, wood, paint, etc.).

(5)

Any other data that the administrative official considers necessary to adequately review the application.

(f)

A placement permit is required for temporary signs as defined in section 114-220. There is no charge for a placement permit. Placement permits are required to establish the beginning and end dates that a temporary sign will be on display. Permit forms are available online and may be emailed or faxed to the planning and development office according to the instructions on the form. Placement permits are valid for 30 days prior to installation.

(g)

Procedures. Sign permits shall be processed as follows:

(1)

Complete applications shall be submitted to the department of planning and development for review.

(2)

The application shall be reviewed for conformance with these regulations and approved or denied based on the information provided. If denied, the applicable provisions of these regulations shall be specified.

(3)

A determination shall be given within five business days on a complete application. If a building permit is also required, the permit application shall be forwarded to the inspections services office for processing. The building permit shall also be the sign permit.

(4)

The permit shall be valid for 180 days after issuance.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Permanent on-premise signs are allowed in all zoning districts.

(b)

All signs or sign structures must be erected and attached totally on or within the site or property to which the message refers.

(c)

Unless specified elsewhere in these regulations, no portion of any type of sign shall project or be located closer than three feet from the nearest right-of-way line or property line.

(d)

The owner of any sign projecting into the right-of-way or placed on or over a public sidewalk shall be liable for damage to any property or injury to any person caused by the placement or failure of any supporting structure.

(e)

A-frame signs may be used in the E and HC/G subdistricts in the Downtown overlay district but shall not impede or obstruct a pedestrian zone of at least six feet in width, be located in the street or be larger than ten square feet in area.

(f)

The height and location of the sign shall not create any traffic or visual obstructions as defined in section 98-10 in the Dothan Code of Ordinances.

(g)

Multiple signs may be placed on the same parcel frontage but shall be a minimum of 300 feet apart.

(h)

Signs must be kept in good repair and properly maintained including all electrical elements, paint, and condition of the support structure. Failure to do so is a violation of this chapter.

(i)

Billboards located on a parcel and are being used to advertise a good or service located on that parcel is considered on-premise and must comply with all applicable provisions of these regulations.

(j)

Signs must be constructed with and be composed of permanent, durable, weatherproof material that are not consumed or destroyed in use and can be used for a period of time, usually three or more years.

(Ord. No. 2015-336, § 1, 12-1-15)

Permanent off-premise signs (billboards) are allowed in certain zoning districts as indicated in the Table of Uses (section 114-131.1) provided that all permits are obtained and the following requirements are met:

(1)

The maximum size of each off-premise sign located 500 feet or more inside Ross Clark Circle shall not exceed 400 square feet. Off-premise signs located elsewhere in the city shall not exceed 675 square feet.

(2)

The height of off-premise signs may not exceed 65 feet from the base of the sign.

(3)

The lowest portion of sign may not be less than be 16 feet above adjacent road grade.

(4)

The required setback from any property line (including right-of way) for each off-premise sign shall be ten feet from the edge of the board.

(5)

Spacing shall be 500 feet between off-premise signs located on the same side of the street.

(6)

Off premise signs shall not be located one above the other or side by side.

(7)

All off-premise signs shall be of all-metal single-pole construction except for the sign face and trim which may be of other durable materials.

(8)

All construction and clearing debris shall be removed from the site upon completion of construction.

(9)

Off premise signs shall be located no closer than 100 feet to any residentially zoned district.

(10)

Off premise signs may contain digital or electronic displays but;

a.

Shall not contain or appear to contain any movement such as animation, flashing, scrolling, intermittent, rotating or moving lights or full motion video.

b.

The entire message shall remain on for at least eight seconds.

c.

Transition time to the next image shall be no greater than two seconds.

d.

Spacing between structures with digital displays, whether single face or back to back, shall be a minimum radius of 2,000 feet from the center of the display.

e.

Must be located within a 1,000 feet radius of intersecting state highways and arterial streets as defined in article II as a "major thoroughfare."

f.

No digital billboard may be erected at the intersections of Main St. and Park Ave., Main St. and Woodland Dr., and Woodland Dr. and Fortner St.

g.

Brightness of the display shall be controlled automatically to reduce light levels at night or under cloudy or other darkened conditions and shall not be brighter than is necessary for clear and adequate visibility, or that might impair the vision of a driver, or interferes with traffic control and comply with section 114-222, illumination standards.

h.

Digital displays may not be located nearer than 250 feet from any residential district.

i.

Subject to normal permitting procedures and structural capabilities, existing conforming billboards and structures may be converted to accommodate electronic or digital technology subject to compliance with all other provisions and requirements of this chapter (setbacks, spacing criteria, etc.).

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Signs with integral background. The area of a sign with a clearly defined background shall be the area of the smallest standard geometric shape capable of encompassing the sign copy and background. Where the sign copy is contained with multiple background areas separated by open space, the sign area shall be expressed as the sum of the separate areas of each background and without regard to the open space between the separate background areas.

(b)

Signs without integral backgrounds. Where a sign consists of individual elements such as letters, symbols, or graphic objects that are painted on, attached to or otherwise affixed to a surface that is not specifically designed to serve as a sign background, the sign area shall be the sum of the areas of the smallest standard geometric shape capable of encompassing the sign copy.

(c)

Multi-faced signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any vantage point.

(d)

The height of a sign shall be computed as the distance from the base of the sign to the top of the highest attached component of the sign exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. Where a freestanding sign is mounted along a roadway, height shall be measured from the grade of the road to the highest attached component of the sign.

(e)

The addition of cladding covering the support structure is encouraged and shall not be considered in the calculation sign area unless the cladding exceeds 25 percent of the width of the sign face. The cladding shall not to exceed 30 inches total width.

(f)

Monument signs, including embellishments, shall not exceed 12 feet in width or eight feet in height.

(g)

Illustrations.

(Ord. No. 2015-336, § 1, 12-1-15)

_____

Unless specified elsewhere in this article, sign standards for on-premise signs in a residential district are described below and in Table 1.

(a)

Residential development signs may be placed on two separate structures flanking the entrance, each face being of equal size (32 square feet max.) or may be on one double faced structure, each face being of equal size (48 square feet max).

(b)

All signs shall be maintained perpetually by the developer, the owner of the sign, a pertinent homeowners association or some other person who is legally responsible.

(c)

Non-residential uses located in a residential district may have one sign per street front but shall maintain a separation distance of 300 feet between signs.

(Ord. No. 2015-336, § 1, 12-1-15)

Sign standards for on-premise signs in an office or institutional district (O-I, O-2 and O-3) are described below and in Table 2.

(a)

Any sign permitted in a residential district where that use is also permitted in an office or institutional district.

(b)

Freestanding signs for an office building or institutional uses may be placed on two separate structures flanking the entrance, each face being of equal size (32 square feet max.) or may be on one double faced structure, each face being of equal size (48 square feet max). Signs may be placed at secondary entrances not exceeding nine square feet or be taller than eight feet. Wall signs are permitted as described in Table 2.

(c)

Freestanding signs for an office park development with multiple buildings may be placed on two separate structures flanking the entrance, each face being of equal size (32 square feet max.) or may be on one double faced structure, each face being of equal size (64 square feet max). Signs may be placed at secondary entrances not exceeding nine square feet or be taller than eight feet. Wall signs are permitted as described in Table 2.

(d)

Wall signs for office or institutional uses shall be as specified in Table 2.

(e)

Freestanding signs are not permitted for a neighborhood office development or building. Wall signs may not exceed five percent of the façade area or 24 square feet whichever is smaller.

(Ord. No. 2015-336, § 1, 12-1-15)

Sign standards for on-premise signs in commercial or industrial districts are described below. Area and height dimensional standards are provided in Table 3 for freestanding signs and Table 4 for wall-mounted signs.

(a)

Freestanding signs generally. Signs may be placed in a freestanding location on a commercial or industrial zoned parcel subject to the following limitations:

(1)

All freestanding signs must comply with wind load criteria established for this region.

(2)

Multiple frontages. For a parcel having frontage on two or more public streets, each frontage shall be considered separately for the purposes of determining compliance with the provisions for freestanding signs.

(3)

If the property has multiple frontages, the permitted sign area for one frontage may not be combined with that permitted on another frontage to increase the permitted sign area on one frontage.

(4)

On the same parcel, no freestanding sign on one frontage may be closer than 100 feet to a sign on another frontage.

(5)

Allowable sign area may be divided among multiple signs provided they are at least 300 feet apart.

(6)

Signs at secondary entrances shall be permitted for shopping centers or industrial parks but shall not exceed nine square feet or be taller than eight feet.

(7)

Except as modified above, buildings containing multiple units are limited to one freestanding sign regardless of unit ownership.

(b)

Freestanding sign size by posted speed limit. Sign size is recognized to be a function of legibility, reaction time and reaction distance. The following table establishes sign size and height given the posted speed limit. Unless specified elsewhere, the area and height above grade of any freestanding sign shall not exceed the amounts specified in Table 3.

(c)

Building signs. Unless expressly prohibited or modified elsewhere in this article, signs may be attached to a wall, fascia, or awning or permanently applied to a window of a building subject to the following standards:

(1)

The total area of all signs affixed shall not exceed an area computed as a percentage of the building façade facing the public right-of-way including window and door areas subject to the limitations in Table 4 below.

(2)

In the case of a shopping center or a group of stores held in single and separate ownership, the provision of this section relating to the total area of signs permitted on the premises shall apply with respect to each building or separate store. Only building signs shall be permitted for individual stores.

(3)

Each multiple occupancy complex may display one building sign on each side of the principal building or buildings in the complex, not to exceed the sign face area calculated from Table 4.

(4)

Each occupant located in a multiple occupancy complex may display two signs on any exterior portion of the complex that is part of the occupant's unit, not including common or jointly owned portions, not to exceed the sign face area calculated from Table 4.

(d)

Signs on awnings or canopies.

(1)

Canopy signs, marquee signs and signs on architectural projections are signs mounted or affixed to either a structure that projects off the face of a building at least 18 inches or is mounted to a freestanding structure not attached to a building that effectively covers an area below.

(2)

Signs shall be affixed in an essentially flat plane to the face of the canopy, marquee or architectural projection and are permitted in commercial and industrial zones but shall not exceed 40 percent of the area of the mounting surface. The area of any sign shall count towards the total façade area in Table 4.

(3)

Signs may be affixed or applied to the face of sides of an awning provided the copy area does not exceed 40 percent of the area to which it is affixed or applied. The area of any sign shall count towards the total façade area in Table 4.

(e)

Projecting signs. Notwithstanding the general prohibition of signs in the right-of-way, signs attached to the face of a structure that project over the right-of-way are permitted in the B-1 district only subject to the following standards:

(1)

Projecting signs shall be limited to one per façade except for uses that front on more than one street in which case, one sign shall be permitted per façade. For buildings with a façade exceeding 200 linear feet, one sign shall be permitted for each 200 linear feet.

(2)

The area of a projecting sign shall not exceed one square foot per two linear feet of building facade. No projecting sign shall exceed the area indicated in Table 3 for the speed limit on which the façade fronts.

(3)

Projecting signs may not extend above the highest point on the façade or occupy a vertical dimension greater than 25 percent of the total façade height.

(4)

Projecting signs may not extend over a public sidewalk greater than one-half the distance to the street curb or eight feet, whichever is less.

(5)

Projecting signs shall be no lower than ten feet above the sidewalk.

(6)

Projecting signs shall not be permitted in addition to any permitted freestanding sign on that street front.

(f)

Under canopy/awning signs. Notwithstanding the general prohibition on signs in the right-of-way, signs attached to the underside of a permitted canopy or awning that project over the right-of-way are permitted in the B-1 district only subject to the following standards:

(1)

No more than one under canopy/awning sign shall be permitted per establishment per façade.

(2)

There shall be a minimum of eight feet of clearance below the bottom edge of the under canopy/awning sign.

(3)

No under canopy/awning sign shall exceed four square feet in size.

(4)

An under canopy/awning sign shall be limited to a maximum of two feet in height and four feet in length but may not exceed the projection of the awning or canopy.

(5)

Under canopy/awning signs shall be oriented perpendicular to the adjacent wall, located directly adjacent to the business entrance and attached in a manner acceptable to the administrator that prevents swinging.

(6)

The area of under canopy/awning signs shall count towards the total façade sign area permitted in Table 4.

(7)

Under canopy mounted signs shall be securely attached as approved by the building official.

(8)

Under canopy/awning signs may be illuminated with an indirect or external light source not otherwise attached to the sign; internally illuminated and/or neon signs are specifically prohibited.

(Ord. No. 2015-336, § 1, 12-1-15)

Temporary forms of advertising may be used by commercial establishments subject to the limitations below. For the purpose of these regulations, temporary signs include commercial banners, portable signs on fixed legs or wheels and wind signs (see definition). The permittee shall be directly responsible for the condition of the sign.

(a)

A placement permit for a temporary sign is required [see section 114-213(e)].

(b)

No temporary sign shall be used as a permanent sign.

(c)

Temporary signs may only be used for on-premise advertising.

(d)

Temporary signs shall not be located on the public right-of-way, in the sight triangle of any intersection, or attached to natural object, utility appurtenance or traffic control device.

(e)

Temporary signs shall comply with any regulations applying to signs in general such as setback, sight distance requirements, etc. as all other signs.

(f)

Commercial banners and wind signs may be displayed at any commercially or industrially zoned location, for the purpose of announcing a grand opening, sale or special event provided:

(1)

Commercial banners may not be displayed for longer than 15 days per address no more than eight times per year. Display periods may not be consecutive with at least 15 days in between display periods.

(2)

No banner or wind sign may be illuminated.

(3)

Only one banner or wind sign per address.

(4)

Only used for on-premise advertising.

(5)

Banners and wind signs containing date or time information shall be removed at the conclusion of the event.

(6)

Banners and wind signs must be kept in good condition and legible or replaced or removed as conditions warrant.

(7)

Banners may not be attached to any traffic control device or utility appurtenance.

(g)

Portable signs shall be allowed at locations approved in the Table of Permitted Uses (section 114-131.1) provided:

(1)

Portable signs may not be displayed for longer than 30 days per address no more than three times per year. Display periods may be consecutive.

(2)

Portable signs may be illuminated but may not contain flashing, intermittent, rotating or moving lights.

(3)

Portable EMCs shall adhere to the provisions in sections 114-221 and 114-222.

(4)

The electrical power supply to portable signs shall comply with the adopted electrical code and the power cord is protected from vehicle traffic. An electrical permit is required.

(5)

Portable signs must be properly anchored to the ground as approved by the building official.

(6)

Portable signs shall not occupy a required parking space.

(7)

Messages displayed on portable signs shall be complete and legible.

(8)

Portable signs must be kept in good condition and repair including the letter backing material, frame, cabinet and legs.

(9)

Portable signs without any message for longer than 30 days shall be deemed abandoned.

(Ord. No. 2015-336, § 1, 12-1-15)

Signs using electronic, digital or video technology are permitted in all zoning districts subject to the following limitations:

(1)

An EMC may occupy a portion or all of the area for a building sign or freestanding sign permitted for that district.

(2)

There shall be no effects of movement, blinking, scrolling, flashing, spinning, flying in/out, scintillation, animation or similar effects of the individual images displayed.

(3)

Approved EMCs shall have a minimum display time of 12 seconds with at least a two-second transition time.

(4)

EMC signs are permitted in office, commercial and industrial districts provided:

a.

Transitions between messages may include fade, dissolve or other similar effects but may not include continuous scrolling, traveling, flashing, spinning, rotating or other similar moving effects.

b.

Full motion video is prohibited.

(5)

EMC signs shall not display color that interferes with or mimics a traffic control device.

(6)

No EMC sign shall use the words "stop," "danger," "go," or any other word which imitates or approximates any official traffic instruction or traffic control sign or be illuminated in any manner which imitates or approximates any official traffic directional or traffic control device.

(7)

If at any time the programming or technology that controls the brightness, time on message, or visual display characteristic fails or malfunctions and is determined to be a hazard to the safety of the traveling public, the sign shall be immediately turned off, disconnected or disabled.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Unless otherwise provided, signs located on residentially zoned property may not be illuminated at night. Signs for approved non-residential uses in a residential district may be illuminated with special exception approval.

(b)

Lighting fixtures for signs externally illuminated shall be fully shielded to prevent glare or light leak.

(c)

Brightness of the display shall be controlled automatically to reduce light levels at night or under cloudy or other darkened conditions and shall not be brighter than is necessary for clear and adequate visibility, or that might impair the vision of a driver, or interferes with traffic control. Either of the following options may be used to measure brightness.

(1)

All digital billboards and/or EMC signs shall have automatic dimming technology to adjust the brightness of the sign relative to ambient light conditions so that sign brightness does not exceed three-tenths footcandle (lux) above ambient light as measured using a footcandle (lux) meter in conformance with the following process:

a.

Ambient light levels shall be measured between the period of one hour after sunset and one hour before sunrise as determined by the National Weather Service with the sign turned off (black screen).

b.

Light measurements shall be taken with a lux meter aimed directly at the sign face displaying full white.

c.

Measuring distance shall be determined using the following equation: the square root of the product of the sign area and 100. (Example using a 12 square foot sign: √ [12x100] = 34.6 feet measuring distance).

d.

If brightness measurement by the above methodology is impractical, certification using option 2 shall be provided.

(2)

The maximum level of brightness for digital billboards and/or EMC signs shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, during daylight hours. The maximum level of brightness for digital billboards and/or EMC signs shall not exceed 500 nits when measured from the sign's face at its maximum brightness, between sunset and sunrise as determined by the National Weather Service.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Existing signs prohibited by this code shall be regarded as illegal signs upon the effective date this chapter. All illegal signs shall be removed immediately.

(b)

Existing signs not conforming to the provisions stated in this chapter shall be regarded as nonconforming signs.

(c)

Permanent signs and sign structures that are moved, removed, replaced or structurally altered must be brought into conformance with these regulations.

(d)

Nonconforming signs that have been removed may be replaced within six months in compliance with these regulations.

(e)

Nonconforming signs required to be moved resulting from the acquisition of right-of-way may be re-established in conformance with other provisions of these regulations.

(f)

Removable faces or sign panel inserts in a cabinet style sign may be changed by right and does not constitute a structural alteration or cause the loss of nonconforming status.

(g)

The status of a nonconforming sign is not affected by ownership.

(h)

Within 30 days, existing digital signs permitted prior to October 1, 2013 shall comply with the sections of this chapter pertaining to brightness if they are able to comply. If existing digital signs do not have the ability to comply with the ordinance (i.e. if they do not come equipped with automatic dimming technology, ability to dim, etc.) they shall either retrofit their sign so as to comply with the ordinance, adjust their brightness to six percent of maximum brightness daily between dusk and dawn or they shall be turned off daily between dusk and dawn.

(i)

Owners of existing temporary signs (banners, wind signs and portable signs) are subject to sections 114-220, 114-221 and 114-222 must send in a placement permit within 90 days of the effective date of these provisions or become nonconforming and be subject to the applicable provisions.

(j)

Loss of nonconforming sign status.

(1)

When a sign or sign structure is destroyed or intentionally removed, the replacement sign and sign structure must comply with the standards in these regulations.

(2)

Signs or sign structures that are damaged or in need of repair to the extent of 50 percent or more of its replacement value must comply with the standards in these regulations.

(3)

If the business or operation to which the sign pertains has ceased to operate for a period of 60 consecutive days, or has otherwise changed, the sign is considered abandoned.

(4)

The sign is erected without a permit.

(5)

Once a sign is altered to conform or replaced with a conforming sign, the nonconforming sign may not be re-established.

(Ord. No. 2015-336, § 1, 12-1-15)

It is the explicit intent that this section be enacted to accomplish the purposes set forth in section 114-207. Variances to these provisions shall be granted only in the case of a hardship connected to the physical features of the site.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Master signage plan (MSP) is designed to benefit the community in administering its sign regulations. The purpose of such a plan is twofold: (1) It provides a master plan for all signs on premises; and (2) it provides a master record of all signs on a premises. This provides the staff with information about existing signs on a site when considering a permit application for a new sign and also eliminates the need to recompute permitted sign area and numbers for a property every time a sign administration or enforcement question arises. By requiring planning and coordination of signs on a property, the streetscape will improve, though strict and detailed substantive requirements are not imposed. It is, in a sense, a PUD for signs and imposes minimum area requirements so that it will only apply to large developments where a large number of signs will be present. It can be used as an incentive by rewarding developers who prepare and follow coordinated signage plans for the property. The provisions of the plan impose no maximum amounts of signage on the Premises as a whole. The standards for signage in the applicable zoning districts shall be used as a guideline during the approval process, but certain deviations may be made depending upon the intensity and scope of the development if it is determined by the Planning Commission that the deviations are in keeping with the intent of this Section. The intent of the MSP is to develop a creative approach to satisfying reasonable sign needs and not simply a means of requesting or receiving greater signage entitlements.

(b)

Criteria for Consideration of a MSP. The provisions as set forth in this section may be used in lieu of the provisions for signage in all Zoning Districts only when all of the following criteria apply:

(1)

The development area for which a MSP is filed shall be at least ten acres.

(2)

The use for which a MSP is filed shall be characterized as either, a campus, industrial park, office park, amusement park, shopping center, Mixed-use development, planned residential community, public or semi-public use, or a phase thereof.

(3)

The premises has at least 200 feet of lot frontage along a public thoroughfare.

(c)

Sign permits. No sign permit shall be issued for any signs within a proposed MSP designated area or a phase thereof unless and until a MSP for the premises has been submitted to the planning commission and approved as conforming with this section.

(d)

MSP submission requirements. For any project or property wishing to take advantage of this section, the owner(s) shall submit to the planning commission an MSP application containing the following:

(1)

An accurate plot plan of the premises at such a scale as the planning commission may reasonably require, showing:

a.

Location of buildings, parking lots, driveways and landscaped areas;

b.

An accurate indication on the plot plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, unless exempted by the planning commission;

c.

Computation of the total sign area, the area of each individual sign, the height of signs, and an outline of the building façades for which signs will be mounted. This shall include all signs permitted for the applicable district and any additional signage area requested through the MSP.

(e)

Master signage plan review. A master signage plan application may be submitted with any site plan, PUD plan, or other official plan required by the city (excluding building permits, land disturbing activity permits, etc.). For the proposed development and shall be processed simultaneously with such other applications. For developments containing more than one phase, site or premises, a MSP shall be required for each site or premises upon development. Nothing in this section shall preclude any existing development meeting the criteria of subsection (b) from filing an application for a MSP.

(Ord. No. 2017-348, § 2, 11-7-17; Ord. No. 2017-349, § 1, 11-7-17)