The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building. The provisions of this chapter set forth the comprehensive regulations, conditions and limitations under which signs may be permitted in the city. This chapter is intended:

   A.   To permit and regulate signs in the least burdensome way that will carry out the purposes of these regulations and to support and complement the land use objectives set forth in the comprehensive plan and this title.

   B.   To provide minimum standards for regulating and controlling the design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures not located within a building.

   C.   To ensure compatibility of signs with surrounding land uses and preserve the value of surrounding properties.

   D.   To allow sign users to communicate their messages, products, services and facilities to patrons, customers and visitors.

   E.   To ensure that signs are designed, constructed and installed so as to not compromise public safety.

   F.   To prevent visual clutter caused by the proliferation of signage that may reduce the effectiveness of individual signs.

   G.   To preserve views of special and unique natural and architectural features and historic landmarks.

   H.   To prevent the installation of a sign in such a manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal, or device. (Ord. 52-09, 10-19-2009)

   A.   A sign may be erected, placed, established, painted, created, or maintained within the city only in conformance with the standards, procedures, exemptions and other requirements of these sign regulations unless otherwise required or permitted in other portions of this title.

   B.   Signs in existence at the time of the adoption of this title may have their existing use continued, if such sign was legal at the time of adoption of this title; provided that proof of insurance as required in section 16-15-4-4 of this chapter is filed with the building official.

   C.   All existing signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times.

   D.   Signs moved into or within the city shall comply with the provisions of this title for new signs.

   E.   This chapter shall not be construed so as to permit any violation of the provisions of this title or any other lawful ordinance. (Ord. 52-09, 10-19-2009)

   A.   Building Official: The building official is hereby authorized and directed to enforce all the provisions of this title. For such purposes the building official shall have the powers of a law enforcement officer.

   B.   Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the building official or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official or authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this title; provided, that if such building or premises be occupied, the building official or authorized representative shall first present proper credentials and request entry; and if such building or premises be unoccupied, there shall first be made a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or authorized representative shall have recourse to every remedy provided by law to secure entry.

   C.   Violation; Penalty: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve or maintain any sign or sign structure or cause or permit the same to be done in violation of this title. The doing of any act, or the omission of any act, declared to be unlawful by this title, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued or permitted. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this title provided for violation thereof. (Ord. 52-09, 10-19-2009)

No person shall erect, construct, enlarge, alter, repair, move, remove or improve any sign or sign structure covered by this title, or cause or permit the same to be done unless licensed by the city. (Ord. 52-09, 10-19-2009)

No license shall be required of a person to erect, construct, enlarge, alter, repair, move, remove or improve any sign or sign structure exempted from the requirement to obtain a permit as specified in section 16-15-6 of this chapter. (Ord. 52-09, 10-19-2009)

Before a license is granted to any applicant under this section and before a license is renewed, the applicant shall pay the required city sign fee as adopted by the city council. (Ord. 52-09, 10-19-2009)

Prior to the issuance or renewal of a sign license, the applicant shall furnish to the building official such comprehensive public liability and property damage insurance, written by an insurer licensed to do business in the state, as required by the city. (Ord. 52-09, 10-19-2009)

The following definitions are applicable to this chapter:

ABANDONED SIGN: A sign which no longer identifies or advertises a business, lessor, service, owner, product, or activity at that premises or a sign for which no legal owner can be found.

AERIAL SIGN: A balloon or other inflatable device which sits on a surface or is tethered to the ground or to a building or vehicle or other structure that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered, regardless of whether it does or does not contain text or advertising copy.

AUDIBLE SIGN: A sign that conveys either a written message supported by an audible noise including music, spoken message, and/or sounds to attract attention to the sign. Audible signs also include signs conveying only the audible noise including music, spoken message, and/or sounds to attract attention.

BACKLIT SIGN: A sign whose light source is located behind fully opaque letters and/or graphics.

BANNER SIGN: A sign of fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or official flag of any institution or business shall not be considered banners. Banner signs may not contain a commercial message.

BENCH SIGN: A sign located on the seat or back of a bench or seat placed on or adjacent to a public right of way.

BILLBOARD SIGN: See definition of Off Premises Sign.

BUILDING COMPLEX: Two (2) or more buildings on the same lot or premises sharing one or more common access points and parking facilities.

BUILDING MARKER SIGN: A sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or displayed on a stone or metal plaque attached to the building.

BUILDING SIGN: A sign supported by, painted on or otherwise attached to any building or structure.

CANOPY/AWNING SIGN: An enclosed, illuminated (backlit awning) or nonilluminated structure that is attached to the wall of a building with the sign area integrated into its surface. For purposes of this title, this is considered a wall mounted sign.

CENTER IDENTIFICATION SIGN: A sign indicating direction to a multi-tenant commercial building, building complex, shopping center or similar center which may include multiple uses and/or structures within the development. Center identification signs shall include the name of said development and may include the names of tenants within the development.

CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without otherwise altering the face of the sign.

COMBINATION SIGN: A sign incorporating any combination of the features of freestanding, projecting, roof, and wall signs.

COMMEMORATIVE SIGN: A permanent sign or architectural feature indicating the name of the structure, its address, date of construction, or other information of commemorative or historical significance.

CONSTRUCTION SIGN: A temporary sign identifying an architect, contractor, subcontractor, material supplier, financier, realtor, or others participating in the construction or development of the property on which the sign is located.

DIRECT LIGHTING: Illumination by means of an external source.

DIRECTIONAL/INFORMATIONAL SIGN: An on premises sign identifying a premises, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises.

DIRECTORY SIGN: An on premises sign identifying an activity, operational feature, or business name upon such premises. The building names, offices, or activities shall be displayed in the same size letters, colors and general design.

DISCONTINUED SIGN: See definition of Abandoned Sign.

DOUBLE FACED SIGN: A sign constructed to display its message on the outer surfaces of two (2) identical and opposite planes not exceeding forty five degrees (45°).

ELECTRONIC MESSAGE SIGN: A sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

EXTERNALLY ILLUMINATED SIGN: A sign whose illumination is derived from an external source.

FACADE: The entire building front, including the parapet.

FENCE SIGN: A freestanding sign attached to or painted on a fence.

FLASHING SIGN: A sign, which, by method or manner of illumination, flashes on or off, winks, or blinks with varying light intensity, shows motion, or creates the illusion of being on or off. A flashing sign does not include electronic message center signs.

FREESTANDING CANOPY SIGN: A sign affixed to, or part of, a canopy face advertising the business.

FREESTANDING SIGN: A sign supported by uprights or a brace placed in the ground and is not supported by any building.

 

GAS STATION PRICE SIGN: A changeable copy or electronic sign advertising gasoline prices.

GOVERNMENT SIGN: A temporary or permanent sign erected and/or maintained by the federal, state, county, city governments, or in conjunction with the city, for identification, traffic control or direction, or for designation of or direction to any school, hospital, historic site, or public service, property, or facility.

GROUND MONUMENT SIGN: A structure built on grade that is wider than it is high, is solid, and has continuous contact with the ground.

HAZARDOUS SIGN: A sign that by reason of design, inadequate maintenance, dilapidation, obsolescence or placement creates a hazard to the public health, safety and welfare.

HISTORIC DISTRICT: An area designated as a "historic district" by ordinance and which contains within definable geographic boundaries, properties, or buildings, that may or may not be landmarks but which contribute to the overall historic character of the designated area.

HOLIDAY DECORATION SIGN: A temporary sign, in the nature of decorations, customary and commonly associated with federal, state, local, or religious holidays and containing no commercial message.

ILLEGAL SIGN: Any of the following:

   A.   A sign erected without first obtaining a permit and complying with all regulations in effect at the time of its construction or use.

   B.   A sign that was legally erected but whose use has ceased because the business it identifies is no longer conducted on the premises.

   C.   A sign that was legally installed but altered in a manner that made it illegal.

   D.   A sign that is a danger to the public or is unsafe.

ILLUMINATED SIGN: A sign illuminated in any manner by a light source.

INCIDENTAL SIGN: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking","entrance","loading only", "telephone", and other similar directives.

INFLATABLE SIGN: A sign designed or constructed to be filled with air or gas that displays either the business name or an identifiable corporate character or logo.

INTERNAL SIGN: A sign that is not visible from outside the property, and located so as not to be visible from any public right of way or from any adjacent property, including any signs in interior areas of shopping centers, commercial buildings and structures, stadiums, and similar structures of a recreational nature. Included in such definition is a sign inside a building, window or door and any sign not attached to a window or door that is not legible from a distance of more than five feet (5') beyond the lot line of the property.

INTERNALLY ILLUMINATED SIGN: A sign whose light source is in the interior of the sign so that light passes through the face of the sign.

KIOSK SIGN: A freestanding bulletin board or a sign that is meant to provide direction to the public.

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

MARQUEE SIGN: A sign located on any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building.

MENU BOARD SIGN: A permanently mounted sign displaying the bill of fare for a restaurant.

MESSAGE CENTER SIGN: See definition of Electronic Message Sign.

MOBILE SIGN: A sign mounted on a motor vehicle, trailer or other framework, not permanently attached to a pole, building or other structure.

MOVING SIGN: A sign which in part or in total rotates, revolves, or otherwise is in motion.

NAMEPLATE SIGN: An on premises identification sign, giving only the name, address, and/or occupation of an occupant or group of occupants.

NEON SIGN: A sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.

NONCONFORMING SIGN: A sign that does not conform to the requirements of this title.

OBSOLETE SIGN: See definition of Abandoned Sign.

OFF PREMISES 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 PREMISES SIGN: A commercial sign which pertains to the use of the premises on which it is located.

PAINTED GHOST WALL SIGN: Historic sign copy applied to a building wall with paint or similar substances on the face of a wall, and which has no sign structure, and advertises products from the past.

PAINTED WALL SIGN: A sign applied to a building wall with paint or similar substances on the face of a wall and which has no sign structure. A "painted wall sign" is considered to be a wall mounted sign for calculation purposes.

PENNANT SIGN: A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string and designed to move in the wind.

PERMANENT SIGN: A sign attached to a building, structure, or the ground in some manner that requires a permit and that is made of materials intended for long term use.

POLE SIGN: A sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face(s) is above grade.

POLITICAL SIGN: A sign identifying and urging support for a particular election issue, political party, or candidate for public office or expressing the personal noncommercial views of the property owner or tenant.

PORTABLE SIGN: A sign, usually of a temporary nature, not securely anchored to the ground or to a building or structure. Examples are: sandwich board signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day to day operations (deliveries and transportation of personnel) of the business.

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 is not parallel to the structure to which it is attached.

PUBLIC/TRAFFIC INFORMATION SIGN: A sign, erected and maintained by a public agency that provides the public with information. Includes, but not limited to, speed limit signs, stop signs, city limit signs, welcome signs, street name signs, vehicle identification signs, pedestrian wayfinding signs, and destination and directional signs.

REAL ESTATE SIGN: A temporary sign that identifies property or properties that are for rent, sale or lease.

ROOF SIGN: A sign erected upon or above a roof or parapet wall of the building, which is wholly or partially supported by such building or is made to be an integral part of the roof structure.

ROOFLINE: The top edge of the roof or building parapet, whichever is higher.

SANDWICH BOARD SIGN: An advertising or business ground sign constructed in such a manner as to form an "A" or a tentlike shape, hinged or not hinged at the top; each angular face held by a supporting member.

SIGN: A device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, point of view, opinion, product, goods, services, activities or uses.

SIGN AREA: The entire face of a sign including the advertising surface and any framing, trim, or molding, but not including the supporting structure.

SIGN CABINET: A module, background, or an enclosure containing channels or other means of fastening and displaying a sign panel, but excluding sign supports, architectural framing, or other decorative features which contain no written message.

SIGN COPY: A combination of letters or numbers which is intended to inform, direct or otherwise transmit information.

SIGN COPY AREA: The area of the sign occupied by sign copy. It is computed by measuring the area enclosed by straight lines drawn to enclose the extremities of the letters or numbers.

SIGN FACE: The area or display surface used for the sign copy.

SIGN HEIGHT: The vertical distance measured from the highest point of the sign, excluding embellishments of not more than five feet (5') in height above the sign, to the average ground grade beneath the sign.

SIGN PANEL: A sign surface containing a message that is separate and removable from a sign cabinet. A panel that contains a message and is attachable to a surface or sign structure without the use of a sign cabinet is not a sign panel.

SIGN SETBACK: The horizontal distance from the property line to the nearest projection of the existing or proposed sign.

SIGN STRUCTURE: The base, supports, uprights, bracing, or framework of any structure exhibiting a sign, be it single faced, double faced, V-type or otherwise.

SIGNAGE PLAN: A scaled or dimensioned graphic representation showing a comprehensive detailed presentation of all signage proposed for a particular lot.

SPECIAL EVENT SIGN: A sign that is temporary in nature, not permanently attached to the ground or building surface, and used for special events, such as, but not limited to, grand openings, seasonal sales, liquidations, going out of business sales, fire sales, and promotions.

SUBDIVISION IDENTIFICATION SIGN: A ground monument style sign or wall sign identifying a recognized subdivision, condominium complex, or residential development.

TEMPORARY SIGN: A sign constructed of cloth, fabric, or other material with or without a structural frame intended for a limited period of display, including displays for holidays or public demonstrations.

UNDER CANOPY SIGN: A sign attached beneath a canopy, ceiling, roof, or marquee.

V-TYPE SIGN: A sign with two (2) separate faces at one location that are at an angle of forty five degrees (45°) or less to each other.

VIDEO SIGN: Any sign that conveys either a commercial or noncommercial message, including a business or organization name, through means of a television or other video screen.

WALL SIGN: A sign attached parallel to, but within eighteen inches (18") of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.

WARNING SIGN: A sign located on a property posting such property for warning or prohibitions on parking, trespassing, hunting, fishing, swimming, or other activity.

WINDOW SIGN: A sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.

(Ord. 52-09, 10-19-2009)

A sign shall not hereafter be erected, reerected, constructed, altered or maintained, except as provided by this title and after a permit for the same has been issued by the building official. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs. (Ord. 52-09, 10-19-2009)

   A.   Application Form: Application for a sign permit shall be made in writing upon forms furnished by the building official. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector.

   B.   Submission: Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The building official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such.

   C.   Exception: The building official may waive the submission of plans, calculations, construction inspection requirements, etc., if he or she finds that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this title.

   D.   Information On Plans And Specifications: Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this title and all relevant laws, ordinances, rules and regulations. (Ord. 52-09, 10-19-2009)

   A.   The building official shall within twenty (20) days of the filing of a completed application for a sign permit either issue a permit to the applicant or issue a written notice of intent to deny a permit to the applicant. The building official shall issue a sign permit immediately unless:

      1.   An applicant has failed to provide information required by this chapter for issuance of a permit or has falsely answered a question or request for information on the application form.

      2.   The permit application fee required by this chapter has not been paid.

      3.   The completed application demonstrates that the sign applied for is not in compliance with requirements of this chapter or is not in compliance with another part of this code.

   B.   If the building official determines that the permit will not be issued, the building official shall immediately send a notice, which shall include the specific grounds under this chapter for such action, to the applicant by personal delivery or certified mail. The notice shall be directed to the address set out in the application. The applicant shall have ten (10) days after the delivery of the written notice to submit, at the office of the building official, a written request for a hearing. If the applicant does not request a hearing within said ten (10) days, the building official's written notice shall become a final denial.

   C.   If the applicant does make a written request for a hearing within said ten (10) days, then the building official shall, within ten (10) days after the submission of the request, designate a neutral hearing officer and send a notice to the applicant indicating the name of the hearing officer, the date, time, and place of the hearing. The hearing shall be conducted not less than ten (10) days nor more than twenty (20) days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.

   D.   At the hearing, the applicant shall have the opportunity to present all of applicant's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross examine any of the city's witnesses. The building official may also be represented by counsel, and shall bear the burden of proving the grounds for denying the permit. The hearing shall take no longer than two (2) days, unless extended at the request of the applicant to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the applicant within five (5) days after the hearing.

   E.   If the decision is to deny the permit, the decision shall advise the applicant of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer's decision finds that no grounds exist for denial of the permit, the hearing officer shall, contemporaneously with the issuance of the decision, order the city to immediately issue the permit to the applicant. (Ord. 52-09, 10-19-2009)

   A.   The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this chapter or of any other ordinances of the city shall not be valid.

   B.   The issuance of a permit based upon plans, specifications and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications and other data. (Ord. 52-09, 10-19-2009)

   A.   Every permit issued by the building official under the provisions of this title shall expire by limitation and become null and void if the structure or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the structure or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced, a new permit shall be first obtained. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee.

   B.   Any permittee holding an unexpired permit may apply for an extension of the time within which he may commence work under that permit when he is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. (Ord. 52-09, 10-19-2009)

The building official may, in writing, suspend or revoke a permit issued under the provisions of this title whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this title. (Ord. 52-09, 10-19-2009)

   A.   All signs for which a permit is required shall be subject to inspection by the building official.

   B.   Footing inspections shall be required by the building official for all signs having footings.

   C.   All signs containing electrical wiring shall be subject to the provisions of the electrical code, and the electrical components used shall bear the label of an approved testing agency.

   D.   The building official may order the removal of any sign that is not maintained in accordance with the provisions of section 16-15-15 of this chapter.

   E.   All signs may be reinspected at the discretion of the building official. (Ord. 52-09, 10-19-2009)

   A.   On Premises Signs:

      1.   Single Face: The area of a single face sign shall be measured by calculating the area of each cabinet, module or panel which makes up the sign face and summing the combined areas to determine the total area. No integral structural element or support, including structural embellishments such as pole covers, framing or architectural design elements, shall be included in the measurement of sign area; provided, that there is no sign copy, symbol or other advertising message upon such structural element or support. Such structural element or embellishment shall not exceed the total square footage allowed for the sign area. Should any sign copy, symbol or other advertising message be located on such structural element or support, the area enclosed by straight lines drawn closest to the copy extremities encompassing the individual letters, words or symbols shall be included in the total sign area calculation. The area of a sign composed only of separate letters, words or symbols, without background, shall be the area enclosed by straight lines drawn closest to the copy extremities encompassing the individual letters, words or symbols.

      2.   Double Faced: Same as single face except only one face shall be counted for sign area determination.

      3.   Multiple Faced: Same as single face except that only one face shall be counted for area determination and each face shall be reduced in area by twenty percent (20%), for each face over two (2).

   B.   Off Premises Signs:

      1.   Sign Area: The area of off premises signs shall be measured in the same manner as on premises signs, except that for off premises signs having "add ons" to the principal sign panel, the sign area of each "add on" shall be calculated separately and added to the principal sign panel. In no case shall the total sign area of the principal sign panel when added to the sign area of the "add ons" exceed the maximum sign area provided within the district in which it is located.

      2.   Sign Number: The number of signs shall be the number of permitted signs displayed on a premises.

      3.   Single Face: Each structure displaying unified informational content shall be counted as one sign.

      4.   Double Faced: A double faced sign meeting the same requirements of a single face sign and supported on a single structure shall be counted as one sign.

      5.   Multiple Faced: Multiple faced signs, including V-shaped signs, meeting the same requirements of a single face sign and supported on a single structure shall be counted as one sign.

      6.   Signs On Multiple Frontage Lots: Zoning lots which have separate frontages on more than one street, including through lots and corner lots, shall not display signs along any one street frontage in excess of the maximum area and maximum number permitted for that street frontage. Each frontage is to be considered separately.

      7.   Painted Wall Signs: Nonstructural signs painted on buildings shall be regulated in size, location, height and number as wall mounted signs.

      8.   Figure 15-7, Sign Illustrations: Figure 15-7 provides illustrations of how to calculate sign area and the number of faces for purposes of this chapter. These are illustrations only and do not necessarily represent all possible conditions and/or situations; final determination of calculations lies strictly with the city.

         a.   Calculating The Number Of Faces:

         b.   Types Of Signage:

         c.   Calculating Sign Area:

 

 

         d.   Alternative Sign Area Calculations:

         e.   Calculating The Number Of Signs:

         f.   Building Frontage:

(Ord. 52-09, 10-19-2009)

The following signs shall be expressly prohibited in all zoning districts, any contrary provisions or implications of this title notwithstanding:

   A.   Any sign prohibited by state or federal regulation.

   B.   Any sign which infringes upon the area of a visibility triangle as required in section 16-3-5 of this title.

   C.   Any sign which contains the words "danger" or "stop", or otherwise presents or implies the need or requirement of stopping or caution, which is an imitation of, or is likely to be confused with, any sign customarily displayed by a public authority.

   D.   Any sign or lighting which casts direct light or glare upon any property in a residential or office residential district.

   E.   Any portable sign, including any sign displayed on a stored vehicle, except temporary political signs exempted in section 16-15-9 of this chapter.

   F.   Any sign which obstructs the reasonable visibility of a sign maintained by a public authority, or which otherwise distracts attention from such sign.

   G.   Any sign attached to public or private utility poles, signs or other appurtenances, including trees, located in the public right of way.

   H.   Roof signs as defined in section 16-15-5 of this chapter, except that any on premises roof sign of less than one hundred (100) square feet and located in a C-3 district which was constructed prior to March 18, 1985, shall not be prohibited by this section and shall be deemed to be an allowed wall mounted sign, provided that multiple signs are of uniform height not to exceed six feet (6') above eaves and signs that do not conform with this standard will be brought into conformance with a change in use.

   I.   Any flashing signs as defined in section 16-15-5 of this chapter.

   J.   Prohibited sign examples; parapet, roof and canopy signs:

(Ord. 52-09, 10-19-2009)

The following types of signs are exempt from the requirements of this chapter:

   A.   Holiday or special events decorations.

   B.   Nameplates of two (2) square feet or less, provided that in residential districts or on residential structures only name and address may comprise the nameplate.

   C.   Political signs no larger than thirty two (32) square feet, provided they are not placed in any public right of way or in a visibility triangle as required in section 16-3-5 of this title.

   D.   Government signs.

   E.   Real estate signs on residential property provided they are not over twelve (12) square feet in area and not over six feet (6') in height. Real estate signs advertising commercial, agricultural or industrial property or subdivisions of multiple lots shall not be over thirty two (32) square feet in area and twelve feet (12') in height. Such signs shall not be placed in any public right of way or in a visibility triangle as required in section 16-3-5 of this title.

   F.   Nonilluminated window signs.

   G.   Illuminated window signs not exceeding twenty (20) square feet.

   H.   Commemorative signs.

   I.   Construction signs not exceeding thirty two (32) square feet.

   J.   Official flags of nations, states or political subdivisions thereof.

   K.   Painted ghost wall signs. (Ord. 52-09, 10-19-2009)

Temporary signs, where allowed, shall be erected and maintained in accordance with the following provisions:

   A.   Permit And Fee Required: No persons shall erect, alter or relocate any temporary sign except for real estate and political signs without first making application, submitting the required permit fee, and obtaining a temporary sign permit from the building official.

   B.   Limit On Number Of Permits: No more than four (4) temporary sign permits shall be issued for the same zoning lot in one calendar year.

   C.   Materials And Methods: The building official shall impose as a condition of a temporary sign permit, such requirements as to material and manner of construction as are necessary to assure the safety and convenience of the public.

   D.   Sign Types: Temporary signs shall be nonprojecting building signs or freestanding signs. Pennants, banners and inflatable signs are permitted temporary signs.

   E.   Number, Area, Height And Location: The maximum sign area of nonprojecting building signs or freestanding signs or other temporary signs shall be thirty two (32) square feet in all zoning districts. Signs shall not be greater than five feet (5') in height. Such signs shall not be placed in any public right of way or in a visibility triangle as required in section 16-3-5 of this title. No temporary business sign shall be placed within fifty feet (50') of another temporary sign.

   F.   Quasi-Public Signs: Quasi-public signs, giving notice of special events and activities sponsored by civic, patriotic, religious or charitable organizations for noncommercial purposes, subject to the following:

      1.   Location: Quasi-public signs may be located on or off the premises where the event is taking place provided permission is given by the owner of the property. Such signs shall not project beyond any lot line.

      2.   Timing: Quasi-public signs shall not be erected or maintained more than thirty (30) days prior to the date on which the event advertised is to occur and shall be removed immediately after the termination of the event.

   G.   Temporary Business Signs: Temporary business signs, calling attention to a special, unique or limited activity, service or product or sale of limited duration, as follows:

      1.   Location: Temporary business signs shall be located only on the lot upon which the special activity is to occur. Such signs shall not project over any lot line.

      2.   Timing: Temporary business signs shall be erected and maintained for a period not to exceed thirty (30) days, at the expiration of which the permit holder shall immediately remove such temporary sign. (Ord. 52-09, 10-19-2009)

On premises signs shall be allowed in each zoning district as shown below and according to the following:

   A.   Signs located within a PUD shall be approved as part of the ordinance establishing the PUD.

   B.   Signs located within a historic district may be allowed as provided in section 16-15-13 of this chapter, and shall be approved by the historic preservation commission prior to the issuance of a building permit.

   C.   Signs for conditional uses shall be as shown in this section 16-15-11 unless further restricted by the board of adjustment. (Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009; amd. Ord. 44-23, 9-18-2023)

 

(Ord. 52-09, 10-19-2009; amd. Ord. 44-23, 9-18-2023)

 

(Ord. 24-13, 5-20-2013; amd. Ord. 34-25, 7-21-2025)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009; amd. Ord. 44-23, 9-18-2023)

 

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009; amd. Ord. 44-23, 9-18-2023)

 

Note: Off premises sign spacing requirements shall be measured perpendicular to the centerline of the street which the sign is oriented toward, between the closest point on each sign structure.

(Ord. 2-10, 1-19-2010)

(Ord. 52-09, 10-19-2009)

 

(Ord. 52-09, 10-19-2009; amd. Ord. 16-22, 4-18-2022)

Any sign which becomes a nonconforming sign on the effective date hereof or which becomes a nonconforming sign at any future date shall be regulated according to the rules set forth in section 16-4-6 of this title, provided that no alteration, improvement or other change, except changes to the sign panel that do not result in changes to the sign cabinet, may be made to such nonconforming sign that will increase its level of nonconformity. In the event that such nonconforming sign, or panels or portions thereof shall be removed, for a period exceeding six (6) months, or if the use to which the nonconforming sign pertains is changed, any replacement sign shall be made to conform to the maximum area, number, allowable structure type, protection, height, lighting and motion requirements for signs permitted in the zoning district. A nonconforming sign may be altered to reduce its level of nonconformity. (Ord. 52-09, 10-19-2009)

All signs and sign support structures, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surface of all signs shall be kept neatly painted or posted at all times. (Ord. 52-09, 10-19-2009)

Signs which are not properly maintained as determined by the building official or which advertise a use which has been abandoned or discontinued shall be removed by the property owner within ninety (90) days after abandonment of the principal use or may thereafter be removed by the building official with such removal expense charged to the property owner. Signs that meet the definition of "painted ghost wall sign" shall not be considered discontinued or abandoned. (Ord. 52-09, 10-19-2009)

A noncommercial message of any type may be substituted for any permitted commercial message or permitted noncommercial message, provided, that the sign structure is legal without consideration of the sign copy. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted. (Ord. 52-09, 10-19-2009)

   A.   Permit Required: No person, firm or corporation shall place and/or maintain any projecting sign over the public right of way without first obtaining a permit therefor, complying with all applicable local, state and federal regulations, providing acceptable proof of liability insurance and paying the permit fee, all as provided in this title.

   B.   Application For Permit: An application for a permit for a projecting sign shall be filed with the building official on a form provided by the building official not less than seven (7) days prior to the date the projecting sign is to be installed.

   C.   Permit Fee: The applicant shall pay the permit fee to the city for each projecting sign at the time of the filing of an application for each projecting sign.

   D.   Hold Harmless: The permit holder shall enter into a hold harmless agreement with the city for any projecting sign prior to issuance of the permit, which shall require that the permit holder pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from the placement or maintenance of a sign, whether sustained by any person or persons, caused by accident or otherwise, and shall defend at its own expense and on behalf of the city any claim against the city arising out of the placement or maintenance of said sign.

   E.   Insurance: Prior to the issuance of a permit for a projecting sign, the applicant shall furnish proof of insurance to the building official as follows:

      1.   Coverage shall include such comprehensive public liability and property damage insurance written by an insurer licensed to do business in the state of Iowa as shall protect the city during the life of the projecting sign from claims or damages, personal injury, including accidental death, as well as claims for property damages, which may arise from the existence of the sign in such a manner as to impose liability on the city, and the amounts of such insurance shall be as required by the city manager.

      2.   Such insurance shall name the city as an additional insured.

      3.   Each owner and/or occupant of the premises required to furnish proof of insurance shall also maintain on file with the building official a certificate evidencing that the insurer will give the building official thirty (30) days' written notice prior to termination or cancellation of the required insurance.

      4.   Upon notice of cancellation or termination of insurance, or expiration of proof of insurance, the building official shall notify, by certified mail, the owner and/or occupant of the premises for which proof of insurance is required that the projecting sign or signs are in violation of this chapter and shall be removed by the date stated in the notice.

   F.   Exclusion: The permit holder shall agree in writing prior to the issuance of a permit to the following:

      1.   The permit holder, by acceptance of a permit, agrees that the permit granted does not constitute approval of the design, construction, repair or maintenance of any projecting sign.

      2.   The permit holder, by acceptance of a permit, waives all claims or defenses against the city in the event of claim asserted for death, personal injuries and/or property damage against the permit holder arising out of or in any way connected with the existence, design, construction, repair or maintenance of projecting sign or signs for which a permit is issued.

   G.   Revocation:

      1.   A permit granted under this chapter shall be revocable upon ten (10) days' written notice to the permit holder at the convenience of the city. A permit also may be revoked or not renewed for failure to comply with the requirements of this chapter or any other applicable legal requirements, or for fraud, deceit, or misrepresentation in connection with an application for a permit.

      2.   In the event of such revocation, the building official shall notify the permit holder in writing of such revocation or refusal of renewal, specifying the reasons therein for such refusal. The permit holder or permit holder's successor in interest may petition the city council for a hearing on such refusal within thirty (30) days of receipt of the building official's letter.

   H.   Removal Of Sign: The permit holder, within thirty (30) days of receipt of a written notice from the building official to remove a projecting sign, shall at the permit holder's expense remove such sign. In the event of the permit holder's failure to do so, the city shall remove the sign at the permit holder's expense and dispose of the same. The permit holder shall agree in writing prior to the issuance of a permit to make no claim against the city or its agents for damages resulting from the removal of said sign.

   I.   Damaged; Threat To Safety: Nothing in this section shall preclude the building official from giving immediate notice to a permit holder to remove a projecting sign in the event such sign has been damaged or has been moved or otherwise placed to cause an immediate threat to public safety. In the event the sign is not removed within seven (7) days of such notification, the building official shall remove such sign as provided in subsection H of this section. (Ord. 52-09, 10-19-2009)

   A.   Permit Fees: The fee for each sign permit shall be as adopted by the city council.

   B.   Expiration Of Plan Review: Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

   C.   Work Commenced Without Permit:

      1.   Investigation: Whenever any work for which a permit is required by this title has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

      2.   Fee: A penalty fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The penalty fee shall be equal to the amount of the permit fee required by this title. The payment of such penalty fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law.

   D.   Fee Refunds:

      1.   The building official may authorize the refunding of any fee paid hereunder which was erroneously paid or collected.

      2.   The building official may authorize the refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this title.

      3.   The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. (Ord. 52-09, 10-19-2009)

   A.   General: Signs and sign structures shall be designed and constructed to resist wind as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.

   B.   Overturning: The overturning momentum produced from lateral forces shall in no case exceed two-thirds (2/3) of the dead load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

   C.   Wind Loads: Signs and sign structures shall be designed and constructed to resist wind forces as specified in the building code.

   D.   Vertical Load: Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads.

   E.   Allowable Stresses: The design of wood, concrete, steel or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code.

   F.   Compliance With Building Code: The design of wood, concrete, steel or aluminum members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code.

   G.   Strength Of Rope Or Fasteners: The working stresses of wire rope and its fastenings shall not exceed twenty five percent (25%) of the ultimate strength of the rope or fasteners.

   H.   Increase Of Working Stresses: Working stresses for wind combined with dead loads may be increased as specified in the building code. (Ord. 52-09, 10-19-2009)

   A.   General: The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this chapter.

   B.   Materials: Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the building code. In all signs and sign structures the materials and details of construction shall, in the absence of specified requirements, conform with the following:

      1.   Steel shall be of such quality as to conform with IBC standard "Material Specification For Structural Steel". Secondary members, when formed integrally with the display surface, shall be not less than 0.024 inch in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be 0.10 inch. The minimum thickness of hot rolled steel members furnishing structural support for signs shall be one-fourth inch (1/4"), except that, if galvanized, such members shall be not less than one-eighth inch (1/8") thick. Steel pipes shall be of such quality as to conform to UBC standard 27-1. Steel members may be connected with one galvanized bolt, provided the connection is adequate to transfer the stresses in the members.

      2.   Anchors and supports when of wood and embedded in the soil or within six inches (6") of the soil, shall be of all heartwood of a durable species or shall be pressure treated with an approved preservative. Such members shall be marked or branded by an approved agency.

   C.   Restrictions On Combustible Materials:

      1.   Ground Signs: Ground signs may be constructed of any material meeting the requirements of this chapter.

      2.   Combination Signs, Roof Signs: Combination signs, roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in subsection C3 of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs.

      3.   Exceptions:

         a.   Roof signs may be constructed of unprotected combustible materials on roofs of combustible construction.

         b.   Roof signs with a maximum surface area of fifty (50) square feet and a maximum height of five feet (5') may be constructed of combustible materials on roofs of any type of construction.

         c.   Nonelectric wall signs may be constructed of unprotected combustible materials on walls permitted to be of unprotected combustible construction.

         d.   Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or any combination thereof.

   D.   Anchorage:

      1.   Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty five percent (25%) greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth belowground greater than that of the frost line.

      2.   Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied.

      3.   No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.

      4.   No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zones in the building code.

   E.   Sign Faces:

      1.   Sign faces in all types of signs may be made of metal, glass, wood, fabric, or other approved materials.

      2.   Glass thickness and area limitations shall be as set forth in section 16-15-23 of this chapter.

      3.   Sections of approved plastics on wall signs shall not exceed two hundred twenty five (225) square feet in area, provided that sections of approved plastics on signs other than wall signs may be of unlimited area if approved by the building official.

      4.   Sections of approved plastics on wall signs shall be separated three feet (3') laterally and six feet (6') vertically by the required exterior wall construction, provided that sections of approved plastics on signs other than wall signs may not be required to be separated if approved by the building official.

   F.   Approved Plastics: The building official shall require that sufficient technical data be submitted to substantiate the proposed use of any plastic material and, if it is determined that the evidence submitted is satisfactory for the use intended, the building official may approve its use. (Ord. 52-09, 10-19-2009)

   A.   General: Signs shall conform to the clearance and projection requirement of this chapter and this section.

   B.   Clearance From High Voltage Power Lines: Signs shall be located not less than six feet (6') horizontally or twelve feet (12') vertically from overhead electrical conductors which are energized in excess of seven hundred fifty (750) volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.

   C.   Clearance From Fire Escapes, Exits Or Standpipes: No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe.

   D.   Obstruction Of Openings:

      1.   No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that required by this title.

      2.   Signs erected within five feet (5') of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material or approved plastics.

   E.   Projection Over Alleys: No sign or sign structure shall project into any public alley.

   F.   Clearance From Streets: The horizontal clearance between a sign and the curb line shall be not less than two feet (2').

   G.   Projection And Clearance:

      1.   A sign projecting more than two-thirds (2/3) of the distance from the property line to the curb line shall be not less than twelve feet (12') above the grade level directly below.

      2.   A sign projecting less than two-thirds (2/3) of the distance from the property line to the curb line shall be not less than ten feet (10') above the grade level directly below.

   H.   Maximum Size Of Exposed Glass Panel:

 

 

   I.   Minimum Sign Thickness:

 

 

(Ord. 52-09, 10-19-2009)

   A.   Pole signs shall be constructed of noncombustible material, except as provided in section 16-15-21 of this chapter.

   B.   All supports of pole signs shall be placed upon private property and shall be securely built, constructed and erected to conform with requirements specified in section 16-15-21 of this chapter.

   C.   Projection of pole signs shall conform to the requirements of section 16-15-22 of this chapter. (Ord. 52-09, 10-19-2009)

   A.   Ground monument signs shall be constructed of any material meeting the requirements of this chapter, except as provided in section 16-15-21 of this chapter.

   B.   Ground monument signs shall be designed in accordance with the requirements specified in section 16-15-21 of this chapter.

   C.   Ground monument signs shall not project over public property. (Ord. 52-09, 10-19-2009)

   A.   Wall signs shall be constructed of noncombustible material, except as provided in section 16-15-21 of this chapter.

   B.   Wall signs shall be designed in conformance with the requirements specified in section 16-15-21 of this chapter.

   C.   No wall sign shall have a projection over public property or beyond a legal setback line greater than the distances specified in section 16-15-22 of this chapter.

   D.   No wall sign shall extend above any adjacent parapet or roof of the existing building.

   E.   The thickness of that portion of a wall sign which projects over public property or a legal setback line shall not exceed the maximum as set forth in section 16-15-22 of this chapter. (Ord. 52-09, 10-19-2009)

   A.   Projecting signs shall be constructed of noncombustible materials, except as specified in section 16-15-21 of this chapter.

   B.   Projecting signs shall be designed in accordance with the requirements specified in section 16-15-21 of this chapter.

   C.   Signs may project over public property or a legal setback line a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in section 16-15-22 of this chapter.

   D.   The thickness of a projecting sign exclusive of letters and trim shall not exceed that set forth in section 16-15-22 of this chapter. (Ord. 52-09, 10-19-2009)

   A.   Combination signs shall be constructed of noncombustible materials, except as specified in section 16-15-21 of this chapter.

   B.   The individual requirements of roof, projecting and pole signs shall be applied for combination signs incorporating any or all of the requirements specified in this chapter.

   C.   All supports of combination signs shall be placed in or upon private property and shall be securely built, constructed and erected to conform with the requirements specified in section 16-15-21 of this chapter.

   D.   Combination signs may project over public property or beyond a "legal setback line" as specified in section 16-15-22 of this chapter.

   E.   The thickness of that portion of a combination sign which projects over public property shall not exceed the maximum set forth in section 16-15-22 of this chapter. (Ord. 52-09, 10-19-2009)

Signs may be placed on, attached to, or constructed in a marquee. Such signs shall, for the purpose of determining projection, clearance, height and material, be considered a part of and shall meet the requirements for a marquee as specified in the building code and this title. (Ord. 52-09, 10-19-2009)

   A.   Electric signs shall be constructed of noncombustible material, except as provided in section 16-15-21 of this chapter.

   B.   The enclosed shell of electric signs shall be watertight, except that service holes fitted with covers shall be provided into each compartment of such signs.

   C.   Electrical equipment used in connection with display signs shall be installed in accordance with the electrical code.

   D.   Every electric sign projecting over any street or alley or public place shall have painted or labeled on the surface of the sign the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be readable from a reasonable distance at grade. Failure to provide such name and date shall be grounds for rejection of the sign by the building official. (Ord. 52-09, 10-19-2009)

   A.   Electronic message signs shall not be used or displayed in a way that presents multiple screens within a single sign face, whether simulated or actual.

   B.   During the static dwell time for a message, there shall be no animation, movement (including moving messages, scrolling text, or full motion or streaming video), segmented messages, or variation in light or color. Off premises electronic message signs shall provide a static dwell time of at least eight (8) seconds per message; on premises electronic message signs shall provide a static dwell time of at least two (2) seconds per message.

   C.   During the transition time between messages, animation is permitted. Animation may include moving messages, scrolling text, or variations in light or color. Animation shall occur only during the transition time. Off premises electronic message signs shall provide a transition time of no more than one second between messages; on premises electronic message signs shall provide a transition time of no more than two (2) seconds between messages.

   D.   Electronic message signs shall be limited to one per allowed freestanding sign. (Ord. 52-09, 10-19-2009)