The purpose of this article is to create a framework for the use of street signs and graphics which is compatible with their surroundings, is appropriate to the type of activity to which they pertain, expresses the identity of individual properties or of the community as a whole and ensures legibility in the circumstances in which they are seen. Further, this article is intended to:

(1)

Preserve, protect and promote the public health, safety and welfare;

(2)

Enhance the economy and the business and industry of the city by promoting the reasonable, orderly and effective display of signs;

(3)

Enhance the physical appearance of the city; and

(4)

Preserve the value of private property by assuring the compatibility of signs with surrounding land uses.

(Ord. No. 2-12-2003, § 11.00, 2-12-2003)

(a)

Required. It is unlawful for any person to erect, construct, alter, maintain or relocate any sign within the city, except as otherwise specifically provided in this article, without first meeting all requirements of this article, obtaining a permit, and paying the fees required.

(b)

Application. Application for permit shall include the following information:

(1)

Name, address and telephone number of the applicant, owner and occupant of the property and owner of the sign.

(2)

Location of the building, structure or parcel of property to which or upon which the sign is to be attached or erected.

(3)

Position of sign in relation to nearby buildings, structures, property lines and rights-of-way.

(4)

A copy of the plans and specifications showing method of construction, location and support.

(5)

Scale drawing showing sign dimensions, proposed message and color.

(6)

Name of person, firm, corporation or association erecting the sign.

(7)

The information as deemed necessary by the zoning administrator to determine full compliance with this section.

(c)

Fees. Every applicant, before being granted a permit under this section, shall pay the requisite permit fee to the city for each sign. The amount of each permit fee shall be determined and set by the city council from time to time and provided on the city fee schedule.

(d)

Issuance. The zoning administrator, upon the filing of an application for a permit, shall examine the plans and specifications and other relevant information related to the proposed erection of the sign. If it appears that the proposed sign is in compliance with the requirements of this article and all other ordinances of the city, the permit shall be issued within ten working days from the receipt of the application.

(e)

Lapse. If the work authorized under the permit has not been completed within six months after date of issuance, then the permit shall become null and void.

(Ord. No. 2-12-2003, § 11.08A, 2-12-2003)

(a)

Variances shall be granted only on evidence that signs cannot be reasonably installed as provided in this section due to the unique physical characteristics of the property, its surroundings or the nature of the sign itself. Sign variation procedure is the same as that provided in this chapter for zoning variances generally.

(b)

To be granted a variance the applicant must demonstrate that unique physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship on the owner or that no other reasonable alterations exist that would conform to this article or if the public good realized would be greater than that achieved should the strict letter of the regulation be carried out.

(Ord. No. 2-12-2003, § 11.09, 2-12-2003)

(a)

Abandoned signs. Any on-premises sign which no longer advertises a bona fide business conducted or a product sold on the premises where the sign is located shall be removed by the owner, occupant, lessee or person having the beneficial use of the property upon which the sign may be found.

(b)

Unsafe and unlawful signs. Any sign or sign structure the zoning administrator finds is unsafe, is insecure or is a menace to the public, has been constructed or erected or is being maintained in violation of the provisions of this article, shall be removed or altered so as to conform to the requirements of this section by the owner of the premises on which the sign is located.

(c)

Notice; order to remove. The zoning administrator shall give 14 days written notice to the permittee thereof or to the owner of the premises as shown on the most recent tax rolls or to the person having the beneficial use or control of the sign.

(d)

Failure to remove; removal by city; costs. If the responsible person fails to remove the sign the zoning administrator shall give the owner of the premises 14 days written notice to remove it. Upon failure to comply with this notice, the zoning administrator may remove the sign with all costs to be borne by the owner of the premises or the occupant, lessee or person having the beneficial use of the property on which the sign is located. The cost of removal shall constitute a lien upon the premises and may be enforceable as provided in this section.

(e)

Summary removal of signs posing immediate threat. Notwithstanding any other provision of this section, the zoning administrator may cause any sign which is an immediate and imminent peril to persons or property to be removed summarily with or without notice.

(Ord. No. 2-12-2003, § 11.06, 2-12-2003)

(a)

Signs existing on the effective date of the ordinance from which this article is derived, and not conforming to the provisions of this article, but which were constructed in compliance with previous regulations and ordinances, shall be regarded as lawful nonconforming signs.

(b)

Lawful nonconforming signs shall not be changed to another nonconforming sign, structurally altered so as to prolong the life of the sign, expanded, re-established after damage or destruction exceeding 50 percent of the estimated value of the sign, as determined by the zoning administrator, re-established after discontinuance for a period of 30 days or moved in whole or in part to another location unless the sign and the use thereof is made to conform to this article.

(Ord. No. 2-12-2003, § 11.07, 2-12-2003)

The following signs are exempt from the provisions of this division:

(1)

Highway directional signs and markers that are made and installed in accordance with the specifications of the city, announcing the locations of, or directing traffic to, given locations, which include, but are not limited to, signs marking service areas (automobile, food, lodging), public and quasi-public information signs, and business or business district signs.

(2)

Contractor signs, provided that the sign area is not more than 32 square feet, the sign is located at least ten feet from all lot lines, the sign is not erected before construction starts, a building permit is obtained for the sign, and the sign is removed upon issuance of the final occupancy permit.

(3)

Development identification signs, provided that the sign area is not more than 100 square feet, the sign is ten feet or less in height, the sign is at least ten feet from all lot lines, a building permit is obtained for the sign, the sign is not erected more than 30 days prior to the start of construction, and the sign is removed upon issuance of the final occupancy permit.

(4)

Flags up to eight feet by 12 feet.

(5)

Information signs.

(6)

Symbols such as crosses or other religious representations.

(7)

Memorial signs.

(8)

Nameplates up to two square feet.

(9)

No trespassing signs up to two square feet.

(10)

Political campaign signs, provided that no such sign shall exceed 32 square feet or a height of more than five feet above grade or be located in the public right-of-way.

(11)

Real estate signs of up to six square feet on real estate less than one acre or up to 32 square feet on parcels of more than one but less than five acres, set back a minimum of ten feet from any property line.

(12)

Garage sale signs up to six square feet, displayed for up to five continuous days not more than four times per year at any given sale location.

(13)

Public utility signs.

(Ord. No. 2-12-2003, § 11.01, 2-12-2003)

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

(1)

Attention getting devices unless specifically permitted by this section.

(2)

Flashing signs.

(3)

Moving signs.

(4)

Projecting signs.

(5)

Portable signs.

(6)

Festoon lighting.

(7)

Roof signs.

(8)

Vehicle signs.

(9)

Any sign or sign structure that constitutes a hazard to public health or safety as determined by the zoning administrator.

(10)

Signs that by reason of size, location, coloring or manner of illumination obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public roads and streets, as determined by the zoning administrator.

(11)

Any on-premises sign that advertises a business no longer conducted or a product no longer sold on the premises where the sign is located.

(12)

Signs on trees, utility poles or public property other than public information or directional signs.

(Ord. No. 2-12-2003, § 11.02, 2-12-2003)

(a)

Sign mounted flush to a wall on the premises. Signs flush-mounted to a wall on the premises, attached flat to or pinned away from a wall, are permitted, provided that:

(1)

The sign may not project from the wall more than six inches or extend above the roofline.

(2)

No more than one flush-mounted wall sign per street front exposure shall be allowed on any one parcel of property or store front.

(3)

The total allowable sign surface area of any wall sign on any single building shall not exceed 40 square feet in display area, and the sign shall not cover or interrupt major architectural features such as doors, exits or windows.

(4)

If the sign is enclosed in a box or outline, the display area of the sign shall include the box or outlined area.

(b)

Freestanding sign on a pole or on the ground. Freestanding signs on pole or on the ground on the premises are permitted, provided that:

(1)

No such sign shall exceed 40 square feet in display area or 5½ feet in height, measured from grade at the edge of the nearest right-of-way to the top of the sign, except as otherwise provided in this section.

(2)

No portion of a freestanding sign shall project over the property line or onto the public right-of-way. No more than one freestanding sign shall be maintained on any parcel of property, and there must be a 100-foot separation maintained between all freestanding signs measured parallel to the direction of travel on the adjacent street.

(3)

No business shall display a freestanding sign unless the business is directly accessible by car and provides a minimum of six off-street parking spaces where such a freestanding sign is displayed. The business and sign must be set back at least 15 feet from the nearest right-of-way.

(c)

Service station accessory sign. Service stations may display an exterior rate or price sign with an area of up to ten square feet. Such a sign shall be portable and state the complete price where displayed. No other portable signs shall be permitted.

(d)

Temporary signs and attention-getting devices. A temporary sign or attention-getting device is permitted for a special promotion, including a special community activity, a grand opening event or an annual sale, provided that:

(1)

A temporary sign permit shall be obtained for a period not to exceed 30 days. No more than two permits shall be issued within a 12-month period for the same lot or parcel.

(2)

No temporary sign shall contain any advertisement of any business, industry or pursuit not conducted on the premises on which the sign is erected.

(3)

A temporary sign shall be placed not less than eight feet from the edge of the nearest right-of-way.

(Ord. No. 2-12-2003, § 11.03, 2-12-2003)

Routine maintenance or changing of parts or copy designed for changes shall not be considered an alteration, provided the change does not alter the surface area, height or otherwise make the sign nonconforming.

(Ord. No. 2-12-2003, §§ 11.04, 11.08A(2), 2-12-2003)

(a)

Signs permitted in residential districts may be located in any required yard, but not less than eight feet from any property line. Such signs may be up to 5½ feet high, with the exception of flags, which shall not exceed a height of 20 feet. In no case shall the display area of any sign exceed 32 square feet.

(b)

The following signs are permitted in residential districts:

(1)

Contractors' signs.

(2)

Development identification signs.

(3)

Flags.

(4)

Garage sale and rummage sale signs.

(5)

Informational signs.

(6)

Symbols.

(7)

Memorial signs.

(8)

Nameplates.

(9)

Political campaign signs.

(10)

Public utility signs.

(11)

Real estate signs.

(12)

Temporary signs.

(Ord. No. 2-12-2003, § 11.05A, 2-12-2003)

No sign shall be erected in business or manufacturing districts except the following:

(1)

Accessory signs.

(2)

Freestanding signs.

(3)

Public information signs.

(4)

Exempted signs under section 44-572.

(5)

Signs permitted in residential districts.

(6)

Temporary signs.

(7)

Wall signs.

(8)

Window signs.

(Ord. No. 2-12-2003, § 11.05B, C, 2-12-2003)

(a)

The following non-flashing signs are allowed in agricultural districts:

(1)

Nameplates and identification signs indicating the name or address of the occupant of the premises or of a permitted occupation. No such sign shall exceed five feet in gross area for each residential use or exceed 20 square feet in gross area for each nonresidential use.

(2)

Church bulletin boards not exceeding 24 square feet in area.

(3)

Signs advertising the sale or rental of the property in which the sign is located or the sale of agricultural products grown or produced on the property; however, no such sign shall exceed 20 square feet in gross area.

(b)

No sign shall be placed closer than ten feet to the property line. The zoning administrator may require a greater setback or other location, so that the sign will not obstruct the view along any highway, at any intersection, private driveway, field entrance or other point of ingress or egress.

(Ord. No. 2-12-2003, § 11.05D, 2-12-2003)