The primary intent of this chapter is to regulate signs intended to be viewed from any vehicular public right-of-way. Therefore, the purpose of this chapter shall be to:

(1)

Coordinate the type, placement, and physical dimensions of signs within the different land-use zones.

(2)

Encourage the innovative use of design.

(3)

Promote both proper maintenance and renovation.

(4)

Minimize visual confusion and clutter.

(5)

Ensure that these regulations are compatible with the zoning regulations.

(6)

Recognize the commercial communication requirements of all sectors of the business community.

(Code 1994, § 4-7-2)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity and/or for which no legal owner can be found.

Administrator means the zoning administrator or designated representative.

Animated sign means any sign which uses movement or change of lighting to depict action or to create a special effect or scene (see flashing sign).

Area of sign. See Sign, area of.

Awning means a shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework (see Marquee).

Awning sign means a sign painted on, printed on, or attached flat against the surface of an awning.

Banner sign means a sign made of fabric or any nonrigid material with no enclosing framework so as to allow movement of the sign caused by movement of the atmosphere.

Billboard. See Off-premises sign.

Building face means all window and wall area of a building in one plane or elevation.

Canopy means a permanent roof-like shelter extending from part or all of a building face.

Changeable copy sign (automatic) means a sign on which the copy changes automatically on a lampbank or through mechanical (e.g., electrical or electronic time and temperature units, message center). The term "changeable copy sign (automatic)" also includes all signs incorporating or using an electronic display screen, including light emitting diode (LED) screens, plasma screens and similar technology, regardless of whether text or copy is displayed on the screen.

Changeable copy sign (manual) means a sign on which copy is changed manually in the field (e.g., readerboards with changeable letters).

Clearance (of a sign) means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction of the property on which the sign is located.

Copy means the terming on a sign surface in either permanent or removable letter form.

Copy area means the area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign.

Directional/information sign means an on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment, but no advertising copy, e.g., parking or exit and entrance signs.

Director means the director of buildings and inspections or designated representative.

Double-faced sign means a sign with two faces.

Electric sign means a sign or sign structure in which electrical wiring, connections or fixtures are used.

Electronic message center. See Changeable copy sign, automatic.

Embellishments means letters, figures, characters or representatives in cut-outs or irregular forms or similar ornaments attached to or superimposed upon the sign.

Erected means attached, altered, built, constructed, reconstructed, enlarged or moved and shall include the painting of wall signs.

Exempt signs means signs exempted from normal permit requirements, but not from construction specifications.

Facade means the entire building front including the parapet.

Facia sign. See Wall sign.

Festoons means a string of ribbons, tinsel, small flags or pinwheels.

Flashing sign means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. The term "flashing sign" does not include changeable copy signs (automatic), animated signs or signs which through reflection or other means, create an illusion of flashing intermittent light (animated sign, changeable copy sign).

Freestanding sign means a sign permanently supported upon the ground by poles or braces and not attached to any building.

Frontage means the length of the property line of any one premises along each public right-of-way on which it borders.

Frontage, building, means the length of an outside building wall on a public right-of-way.

Government sign means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of a direction to any school, hospital, historical site or public service property or facility.

Ground level means street grade.

Height (of a sign) means the vertical distance measured from the highest point of the sign or its supporting members to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

Highway, interstate, means any highway designated by the state department of transportation as part of the national system of interstate and defense highways.

Highway, primary, means any highway other than an interstate highway designed by the state department of transportation and approved by the federal department of transportation as a part of the federal aid primary system.

Identification sign means a sign whose copy is limited to the name and address of a building, institution or person and/or to the activity or occupation being identified.

Illegal sign means a sign which does not meet the requirements of this chapter and which does not have legal nonconforming status.

Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of lighting the sign.

Incidental sign means a small sign, emblem or decal informing the public of goods, facilities or services available on the premises (e.g., credit card sign, a sign indicating hours of business).

Individual letter sign means any sign made of self-contained letters or embellishments that are mounted on the face of a building, on a parapet or on a marquee.

Lot means a plot of ground made up of one or more parcels, which is or may be occupied by a use, building.

Maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.

Mansard means a sloped roof or roof-like facade architecturally comparable to a building wall.

Marquee sign means any sign attached to or supported by a marquee structure.

Monument sign means a sign with a base attached to the ground, made of natural materials (i.e., granite, marble or other similar substances) or masonry materials.

Nameplate means a nonelectric, on-premises identification sign giving only the name, address and/or occupation of an occupant or group of occupants.

Nonconforming sign means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.

Occupancy means the portion of a building or premises owned, leased, rented or otherwise occupied for a given use.

Off-premises sign means a sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located (e.g., billboards or outdoor advertising).

On-premises sign means a sign which pertains to the use of the premises on which it is located.

Outdoor advertiser means any person engaged in the business of placing, posting or painting any advertisements, notices or displays in or on any place in the city for the purpose of outdoor advertising, so that the resulting display is visible from any street, alley, sidewalk or other public place in the city.

Owner means a person recorded as such on official records. For the purposes of this chapter, the owner of the property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator (e.g., a sign leased from a sign company).

Painted wall sign means any sign which is applied with paint or similar substance on the face of a wall.

Parapet means the extension of a false front or wall above roofline.

Person means any individual, corporation, association, firm, partnership or similarly defined interest.

Point of purchase display means advertising of a retail item accompanying its display (e.g., an advertisement on a product dispenser).

Pole banner means a banner sign that is attached to the supporting standard for a streetlight, a utility pole or other similar structure which standard, pole or other structure is owned, leased or under the control of the city and is located within or immediately adjacent to the public right-of-way.

Pole cover means covers enclosing or decorating poles or other structural supports of a sign.

Political sign means a temporary sign used in connection with a local, state or national election or referendum.

Portable sign means any sign not permanently affixed to the ground or to a structure or building or any sign mounted on a chassis or other structure in such a fashion that it could be transported by removing the sign and its chassis from its mounting and attaching wheel mountings and wheels; provided, however, that this term shall not be construed to include exempt signs authorized pursuant to section 5-16-4(b) or temporary signs authorized pursuant to section 5-16-7.

Premises means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Projecting pedestrian sign means an on-premises sign which is attached to and projects from a structure or building face at right angles for the purpose of directing pedestrians to a particular location.

Projecting sign means 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.

Public right-of-way means a public street or alley.

Real estate sign means a temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.

Roofline means the top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.

Rotating sign means a sign or portion of a sign which moves in a revolving manner. Such motion does not refer to methods of changing copy.

Scenic area means any area of particular scenic beauty as determined by resolution of the city council.

Sign means any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or service.

Sign, area of.

(1)

Projecting and freestanding. The area of a freestanding or projecting sign shall have only one face (the largest one) of any double or multifaced sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one or two individual cabinets:

a.

The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, decorative roofing, etc., provided that there is not written advertising copy on such embellishments.

b.

If the sign is composed of more than two sign cabinets or modules, the area enclosing the entire perimeter of all cabinets and/or modules within a single, continuous geometric figure shall be the area of the sign. Pole covers and other embellishments shall not be included in the area of measurement if they do not bear advertising copy.

(2)

Wall signs. The areas shall be within a single, continuous perimeter composed of any straight line geometric figure which enclosed the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area.

Sign structure means any structure which supports, has supported, or is capable of supporting a sign.

Swinging sign means a sign installed on an arm or spar, that is not, in addition, permanently fastened to an adjacent wall or upright pole.

Temporary sign means a sign which is not a permanently affixed device such as banners, pennants, flags (not including those of a nation), and balloons or other air or gas filled fixtures, shall be a temporary sign.

Temporary window sign means a sign painted on the interior of a window or constructed of paper, cloth or other like material and attached to the interior side of a window.

Under canopy sign means a sign suspended beneath a canopy, ceiling, roof or marquee.

Use means the purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.

Wall sign means a sign attached to, erected against, or painted on the wall of a building with the face in a parallel plane to the plan of the building wall. The term "wall sign" includes painted, individual letter and cabinet signs and signs on a mansard.

Window sign means a sign installed inside a window and intended to be viewed from the outside.

(Code 1994, § 4-7-3; Ord. No. 2894, § 1, 4-9-1996; Ord. No. 3523, § 1, 5-18-2004; Ord. No. 3734, § 1, 2-20-2007; Ord. No. 3848, § 1, 11-4-2008; Ord. No. 4187, § 25, 9-16-2014)

(a)

The director is authorized to process applications for permits. The director is empowered, upon presentation of proper credentials, to enter or inspect any building, structure or premises in the city for the purpose of inspection of a sign and its structural and electrical connections to ensure compliance with all applicable codes and ordinances. Such inspections shall be carried out during business hours unless an emergency exists.

(b)

Permit required. Except as otherwise provided in this chapter, it is unlawful for any person to erect, construct, enlarge, move, or convert any sign or cause the same to be done, without first obtaining a sign permit as required by this chapter. No permit is required for the maintenance of a sign or for a change of copy or painted, printed, or changeable copy signs. Repair of a sign not involving structural changes shall also be exempt. Change of the plastic face will be exempt if due to breakage and/or deterioration of the face, but a change because of a new or different advertiser is not exempt. An electrical permit is required for all signs having electrical components.

(c)

Application for permit. Application for a permit for the erection, alteration or relocation of a sign shall be made to the director upon a form provided by the director and shall include the following information:

(1)

Name and address of owner of the sign.

(2)

Name and address of owner or the person in possession of the premises.

(3)

Address of the proposed site.

(4)

The type of sign and sign structure in accordance with this chapter.

(5)

A site plan showing the proposed location of the sign along with the locations and square footage area of all existing signs on the same premises.

(6)

Specifications and scale drawings showing the materials, design, dimensions, structural supports and electrical components of the proposed sign.

(7)

Verification and/or certification that applicant represents the owner of lot or person in possession of the premises.

(d)

Permit fee. All applications for permits filed with the director shall be accompanied by a payment of the permit fee before a determination of issuance is made. The fee shall be $0.50 per square foot of the sign area. The fee shall not be less than $25.00. The square footage for an individual letter sign shall be the copy area.

(1)

Electrical. An electrical permit is required for all signs utilizing electrical power. The permit fee is $25.00.

(2)

The permit fee for a temporary sign upon proper application is $25.00. The temporary permit fee for religious and public bodies is waived.

(e)

Issuance and denial. The director shall grant or deny a permit for the erection, alteration, or relocation of a sign within five working days of receipt of a valid and complete application including the paid fee, provided the proposed sign complies with all applicable laws and regulations of the city. When a matter of interpretation arises, the more specific definition or higher standard shall prevail.

(1)

When the permit is denied by the director, written notice of the denial with the reasons shall be forwarded to the applicant.

(2)

The director may, in writing, suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application or if the sign is not placed according to the site plan submitted.

(3)

No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign or shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign.

(f)

Permit conditions and penalties. A permit issued by the director becomes null and void if work does not commence within 60 days of issuance. If work authorized by the permit is suspended or abandoned for 30 days, the permit must be renewed with an additional payment of one-half of the original fee.

(1)

If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be tripled. However, payment of the tripled fee shall not relieve any person of any other requirements or penalties prescribed in this chapter.

(2)

If an electrical permit is not obtained prior to installing electricity to a sign, then the director shall stop the installation activity of the sign and the permit fee shall be tripled. If the director suspends or revokes an issued permit for any reason, then the re-issued fee will be tripled.

(g)

Inspections.

(1)

Any person installing, altering or relocating a sign for which a permit has been issued shall notify the director upon completion of the work. A freestanding sign shall be inspected after the post holes have been dug and prior to the erection of the pole and sign. The pole and sign will be inspected in relationship to the approved permit application. The electrical inspector shall inspect the sign after all electrical work is completed. The director shall also conduct a final inspection.

(2)

The director may require in writing upon issuance of a permit that he or she be notified for inspection prior to installation of certain signs.

(h)

Procedure for variances.

(1)

Variance. A request for a variance of the sign regulations shall be submitted to the administrator on forms provided by the administrator. The application fee for a variance shall be $30.00. The administrator shall forward all information to the zoning board of appeals, which shall hold a public hearing on the application at a regularly scheduled or special meeting. Notice of the time and place of the hearing together with a brief description of the subject matter shall be published one time not more than 30, nor less than 15 days prior to the hearing in a newspaper of general circulation in the city. Variations from the regulations of this title shall be granted by the zoning board of appeals only in accordance with the standards established in this section, and may be granted only in the following instances, and in no others:

a.

To permit a setback of less than ten feet from the property line;

b.

To permit an increase in the height of a sign of not more than 40 percent of the maximum permitted under the applicable regulation; and

c.

To permit an increase in the area of a wall or freestanding sign of not more than 25 percent of the maximum permitted under the applicable regulation.

(2)

Standards for variations. The zoning board of appeals shall not vary the regulations of this chapter, as authorized in this section, unless it shall make findings based upon the evidence presented to it in each specific case that:

a.

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

b.

The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;

c.

The purpose of the variation is not based exclusively upon a desire to make more money out of the property;

d.

The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property;

e.

The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

f.

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood.

1.

The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards established in this section, to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general intent of this title.

2.

The same application for a variance may not be resubmitted within six months of the zoning board of appeals' decision unless in the judgment of the administrator the original application has been substantially amended.

(i)

Bond and certificate of insurance. No permit for a sign being installed by a sign company shall be issued to any person for the purpose of erecting an authorized sign unless the company has on file with the city a bond in the amount of $5,000.00. The bond is conditioned upon the proper installation of the sign and payment of all fees and/or penalties as implemented by this chapter. A company that is engaged in the business of signs shall provide to the city a certificate of insurance for liability in the amount of $100,000.00 per person, $300,000.00 per occurrence and $100,000.00 for property damage.

(j)

Interpretation. When the requirements of this chapter fail to apply to a unique situation, or a situation arises which is not covered by this chapter, the administrator shall have the authority to interpret this chapter, provided no sign shall be permitted which does not meet the intent and purpose of this chapter.

(Code 1994, § 4-7-4; Ord. No. 2369, 10-24-1989; Ord. No. 2544, 10-29-1991; Ord. No. 3734, § 2, 2-20-2007; Ord. No. 4187, § 25, 9-16-2014)

(a)

Generally. It is unlawful for any person to erect, place or maintain a sign in the city or to permit a sign to remain on property which such person controls or has an ownership interest in, except in accordance with the provisions of this chapter.

(b)

Prohibited signs. The following types of signs are prohibited in all zoning districts (except as otherwise provided in this chapter):

(1)

Abandoned signs.

(2)

Banners, pennants, festoons, searchlights (except as otherwise permitted by sections 5-16-6(4) and 5-16-7(d) and (e)).

(3)

Flags other than those of any nation, state, political subdivision or corporation.

(4)

Signs attached or printed on trees, utility poles, public benches, streetlights or placed on any public property or public right-of-way except as otherwise permitted in this chapter.

(5)

Signs imitating or resembling official traffic or government signs or signals.

(6)

Signs placed on or over public rights-of-way (except as may be permitted).

(7)

Sandwich board signs, sidewalk or curb signs, balloons or other gas-filled fixtures, swinging signs and A-frame signs (except as may be permitted).

(8)

Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying the sign except allowed portable signs or to signs or lettering on buses, taxis or vehicles operating during the normal course of business.

(9)

Signs that contain statements, words or pictures of an obscene, pornographic or immoral character, or which contain advertising matter which is untruthful.

(10)

Portable signs.

(11)

Garage (yard) sale or rummage sale signs posted in excess of the five-day limitation.

(12)

Signs erected in such a manner as to obstruct the line of sight of traffic or traffic lights at intersections.

(13)

Signs that interfere with the proper and convenient protection of persons or property by the police or fire department.

(c)

Exempt signs. The following types of signs are exempt from permit requirements, providing any and all requirements stated herein have been met, and further providing, the signs are in conformance with all other requirements of this chapter. Artificial light sources incorporated internally or externally for the purpose of illuminating an exempt sign are prohibited. Except as otherwise hereinafter set forth, the area of exempt signs shall not exceed five square feet when located in residential zoning districts or 32 square feet when located in business and manufacturing zoning districts; provided, however, that the area of exempt signs shall not exceed five square feet when located on premises which lie in business or manufacturing zoning districts but contain a single-family or multifamily residential dwelling.

(1)

Construction signs shall not be erected more than 30 days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction, and shall be removed 30 days after completion of construction prior to occupancy.

(2)

Directional/information signs located entirely on the property to which they pertain not exceeding four square feet and an overall height of three feet such as identifying restrooms, public telephones, and walkways, parking lot entrances and exits.

(3)

Signs identifying parking lot entrances and exits which are:

a.

Located entirely on the property to which they pertain;

b.

Are at least one foot from the property lines; and

c.

Have an area not exceeding four square feet and an overall height of three feet.

(4)

The flags, emblems or insignia of any nation or political subdivision or corporate flag.

(5)

Governmental signs or notices to include traffic, street, danger, railroad crossing, and public service signs.

(6)

Holiday or special events decorations.

(7)

House numbers and name plates not exceeding two square feet in area for each residential unit.

(8)

Interior signs not seen from the public right-of-way. This does not exempt them from other required permits as specified in this chapter.

(9)

Memorial signs, tablets or cornerstones identifying buildings and date of construction provided the sign, tablet or corner stone is part of the building.

(10)

"No trespassing" or "no dumping" signs that are limited to 1½ square feet in area per sign, with no more than one sign per 250 linear feet of perimeter of the posted property except with special permission of the director.

(11)

Official public notices posted by public offices or employees in the performance of their duties.

(12)

Political signs may be placed on private property only with permission of the landowner or person in control of the property.

(13)

Bulletin boards are permitted in connection with public buildings, schools, medical facilities or religious institutions. Such signs shall be solely for the purposes of displaying the name of the building and its activity or services.

(14)

Real estate signs.

a.

One on-premises sign adjacent to each street fronting on any lot advertising the rent, sale or lease of the land or building upon which such sign is located, provided the sign is not directly illuminated and is removed within seven days after the sale, rental or lease of the property.

b.

Not more than three off-premises directional signs advertising the rent, sale or lease of a given parcel of land or a given building, provided that the signs are not directly illuminated and are removed within seven days after the sale, rental or lease of the property.

(15)

Symbols or insignia of religious institutions or commemorative plaques or recognized historical agencies. Also included are identification emblems of religious orders or historical agencies.

(16)

Signs warning the public of the existence of danger that do not contain advertising material.

(17)

Temporary window signs in business and manufacturing zone districts, provided that they do not exist for more than 30 days.

(18)

One projecting pedestrian sign per premises in business and manufacturing districts provided such sign is no larger than four square feet in area.

(19)

Signs regarding trading stamps, credit cards or trade affiliations when incidental to other signage on the property in the manufacturing and business zoning districts.

(20)

Garage, yard or rummage sale signs not exceeding two square feet and which are not posted for more than five days.

(21)

Signs provided by the chief of police, regulating soliciting.

(22)

Temporary off-premises signs for the following special events.

a.

Religious, civic, political or charitable events or projects or a series of such events or projects.

b.

Signs allowed for such events or projects shall be in place no more than 30 days prior to the advertised event or project or 30 days prior to the initial event or project in a series of events or projects. Such signs shall be removed within seven days after the conclusion of the event or project or in the case of signs advertising a series of such events or projects, within seven days after the conclusion of the final event or project in the series.

(Code 1994, § 4-7-5; Ord. No. 2633, § 1, 2-2-1993; Ord. No. 2687, § 1, 11-16-1993; Ord. No. 2695, § 1, 12-21-1993; Ord. No. 2796, § 1, 5-21-1996; Ord. No. 3112, § 1, 12-1-1998; Ord. No. 3154, § 1, 6-8-1999; Ord. No. 3523, §§ 2, 3, 5-18-2004; Ord. No. 3828, § 1, 8-19-2008; Ord. No. 3838, § 1, 10-7-2008; Ord. No. 4124, § 1, 9-3-2013; Ord. No. 4187, § 25, 9-16-2014)

The following signs, meeting the other provisions of this chapter, are permitted in the various city zoning districts:

(1)

All signs not requiring permits (subsection (2) of this section).

(2)

Signs permitted in C, R-1, R-2, and R-3 zoning districts: one subdivision identification sign per major entrance for each subdivision or development, subject to the following limitations:

a.

The area of any such sign shall not exceed 48 square feet.

b.

No such sign shall be located within the public right-of-way or within the boundary of any utility easement.

c.

Any such sign shall be located on private property within the boundary of the subdivision or on a parcel of private property contiguous to a boundary of the subdivision.

d.

Placement of any such sign shall be authorized by a recorded easement, subdivision covenants or other similar instrument which shall provide for the repair and maintenance of the sign.

1.

One apartment freestanding identification sign not to exceed 48 square feet in sign area.

2.

Nonresidential uses, such as churches, schools, hospitals or other public buildings, may have one freestanding sign not to exceed 100 square feet and wall signs not to exceed a copy area of 48 square feet.

3.

One sign within a planned unit development not to exceed 100 square feet in sign area.

4.

One sign for a day care center not to exceed eight square feet in sign area or a wall sign not to exceed a copy area of eight square feet.

5.

All allowed freestanding signs shall have a maximum height limit of eight feet with a setback from the right-of-way of ten feet.

(3)

Signs permitted in the R-4 zoning district.

a.

Any sign permitted in subsections (1) and (2) of this section.

b.

One apartment complex building identification wall sign with a copy area not to exceed eight square feet.

c.

Identification signs for other uses in the R-4 zoning district not to exceed 48 square feet for freestanding sign and eight square feet for wall signs.

d.

All allowed freestanding signs shall have a maximum height limit of eight feet with a setback from the right-of-way of ten feet.

(4)

Signs permitted in the B-1 zoning district.

a.

Not more than two freestanding signs per premises having street frontage on a public right-of-way not to exceed two square feet of sign area per linear foot of street frontage abutting the parcel and not to exceed 150 square feet per sign.

b.

Freestanding signs may not exceed a height of 20 feet with a setback from the right-of-way of ten feet.

c.

A combination of wall, individual letter, canopy and awning signs per occupancy, not to exceed a total of one square foot of copy area for each linear foot of building frontage. Where an occupancy is on a corner having more than one street frontage, each side having frontage may contain the maximum allowable sign area.

d.

A business may display one window sign, permanent or temporary, per window. Any such window sign shall not exceed 25 percent of the surface area of the window in which it is displayed. Windowpanes or panels separated only by mullions shall be considered as one continuous window in calculating the window surface area. All window signs shall be attached and displayed only from the inside surface of the window.

e.

A projecting sign that:

1.

Does not exceed above parapet wall or roofline;

2.

Is a minimum of ten feet above the ground;

3.

The inner edge does not extend farther than two feet from the building;

4.

Is one square foot per linear foot of street frontage not to exceed 30 square feet; and

5.

Does not extend over public right-of-way.

f.

A business may display one and only one exterior banner which must be affixed to the building which houses the business. Banners must be attached below the roofline of the building and shall have a maximum height of three feet and a maximum width of ten feet. Banners shall not be attached to fences, posts or poles. Once the location of a banner has been established through issuance of a permit, that location may be changed from time to time only through the application process which includes the payment of an additional permit fee.

(5)

Signs permitted in B-2, B-3, M-1, and M-2 zoning districts.

a.

One freestanding sign per premises having street frontage on a public right-of-way not to exceed two square feet of sign area per linear foot of street frontage abutting the parcel.

b.

When a lot has in excess of 100 feet of street frontage on a public right-of-way, one additional freestanding sign may be erected for each additional increment of 100 feet or fraction thereof of street frontage. The distance between the freestanding signs shall be a minimum of 100 feet. The total of all freestanding signs shall not exceed two square feet of sign area per linear foot of street frontage and one square foot of sign area for each additional foot in excess of 100 feet. In no case shall any one developed parcel contain more than 500 square feet of freestanding sign area.

c.

Except as provided by subsection (5)a of this section, freestanding signs may not exceed a height of 35 feet with a setback from the right-of-way of ten feet.

d.

A combination of wall, individual letter, canopy and awning signs per occupancy, not to exceed a total of three square feet of copy area for each linear foot of building frontage.

e.

When a parcel has street frontage on two or more public rights-of-way, the entire frontage may be used in computing the allowable sign area.

f.

No freestanding sign of any nature shall be constructed within 350 feet of any point of intersection of any right-of-way line of Washington Street with any right-of-way line of Main Street.

g.

Only one A-frame or swinging sign, having an area not to exceed nine square feet which is not located beyond the property line, is permitted in addition to all other allowable signs for automobile service stations. Such sign shall not be illuminated or flashing.

h.

A projecting sign that:

1.

Does not extend above the parapet wall or roofline;

2.

Is a minimum of ten feet above the ground;

3.

The inner edge does not extend farther than two feet from the building;

4.

Is one square foot per linear foot of street frontage not to exceed 30 square feet; and

5.

Does not extend over public right-of-way or a public sidewalk.

i.

A sign allowed by special use permit in accordance with sections 5-10-2(b), 5-10-3(b) or 5-10-4(2).

j.

A business may display one window sign, permanent or temporary, per window. Any such window sign shall not exceed 25 percent of the surface area of the window in which it is displayed. Windowpanes or panels separated only by mullions shall be considered as one continuous window in calculating the window surface area. All window signs shall be attached and displayed only from the inside surface of the window.

k.

A business may display one and only one exterior banner which must be affixed to the building which houses the business. Banners must be attached below the roofline of the building and shall have a maximum height of three feet and a maximum width of ten feet. Banners shall not be attached to fences, posts or poles. Once the location of a banner has been established through issuance of a permit, that location may be changed from time to time only through the application process which includes the payment of an additional permit fee.

l.

Notwithstanding any other limitations imposed by this subsection (5), one freestanding on-premises sign may be placed on property owned or controlled by an entity holding a gaming license granted by the state gaming board for the purpose of operating a riverboat gaming facility subject to the following conditions and limitations:

1.

The height of the sign may not exceed 55 feet;

2.

The sign may include a full motion video component, provided that the area of the full motion video component of the sign shall not exceed 250 square feet;

3.

The overall area of the sign shall not exceed 800 square feet; and

4.

The sign must comply with other applicable provisions of this chapter.

m.

On-premises automatic changeable copy signs under the following conditions:

1.

The copy area of that portion of the sign capable of displaying changeable copy shall not exceed 100 square feet; a copy area in excess of 100 square feet shall require a special use.

2.

The copy area of that portion of the sign capable of displaying changeable copy shall not exceed one-half of the total area of the sign.

3.

No such sign shall be located within 100 feet of any parcel located within a residential zoning district.

4.

The sign shall not be a flashing sign, nor shall such sign utilize scintillating or high intensity lighting.

5.

The copy on the sign shall not advertise goods or services provided at any location other than zoning lot upon which the sign is located.

6.

Such other limitations are necessary to minimize the adverse impact of the sign on either the public health, safety and welfare or on the quiet enjoyment of nearby property.

7.

The sign must comply with any and all standards imposed by the Sign Code of the City of East Peoria which are not inconsistent with the conditions imposed in this subsection which authorizes automatic changeable copy signs.

(6)

Certain monument signs in B-1, B-2 and B-3 districts.

a.

One monument sign may be constructed on a zoning lot located within a B-1, B-2 or B-3 district and will not be considered for the purpose of calculating or limiting the amount or nature of signage which may be placed on the zoning lot under other provisions of this chapter, provided that the monument sign complies with each of the following conditions:

1.

The monument sign does not exceed 15 feet in height, including the base.

2.

The total area of the monument sign does not exceed 150 square feet.

3.

The text on the monument sign contains not more than 25 characters and shows only the name of the development or building located on the zoning lot where the monument sign is placed.

b.

Any such monument sign may be externally illuminated.

(Code 1994, § 4-7-6; Ord. No. 2369, 10-24-1989; Ord. No. 2607, 9-15-1992; Ord. No. 2695, § 3, 12-21-1993; Ord. No. 3495, § 1, 4-6-2004; Ord. No. 3734, §§ 3, 4, 2-20-2007; Ord. No. 3933, § 1, 10-5-2010; Ord. No. 4172, § 1, 7-1-2014; Ord. No. 4807, § 1, 8-6-2024)

No off-premises sign shall be erected in the city without a permit. The off-premises sign permit shall be granted only after approval by the city council subsequent to receipt of a recommendation from the zoning board of appeals following a hearing for special use as provided in this title.

(1)

Procedure for obtaining off-premises sign permit. A person wishing to erect an off-premises sign within the city shall make application for a permit to the administrator on forms provided by the administrator. The combined permit and special use fee for an off-premises sign shall be $100.00. The administrator shall forward the application to the zoning board of appeals, which shall hold a public hearing on the application at a regularly scheduled or special meeting. Notice of the time and place of the hearing together with a brief description of the subject matter shall be published one time, not more than 30, nor less than 15 days prior to the hearing in a newspaper of general circulation in the city. Following the public hearing, the zoning board of appeals shall forward its recommendation on the application to the city council for final action.

(2)

Procedure for obtaining permit to apply automatic changeable technology to an existing, legal off-premises sign. A person wishing to add automatic changeable technology to an existing, legal off-premises sign with the city shall make application for a permit to the administrator on forms provided by the administrator. The permit fee for automatic changeable technology shall be $150.00. The administrator shall confirm that the off-premises sign in question is legal, that the proposed automatic changeable technology conforms to the provisions of subsection (3)g of this section and, if so, issue a permit.

(3)

Standards for off-premises signs. In addition to the applicable construction standards in section 5-16-8(b) and the zoning regulations in this title, the zoning board of appeals shall determine if the off-premises sign meets the following requirements of this section:

a.

The special use standards as provided in section 5-12-10(f) shall be met.

b.

All off-premises signs shall be freestanding.

c.

No sign may be erected which exceeds 150 square feet in sign area, ten feet in height and 15 feet in length, including border and trim, but excluding ornamental base or apron, supports and other structural members. The maximum size limitation shall apply to each side of the sign or sign structure. A maximum of two signs may be erected on a facing, in which event the facing shall be deemed to be one sign, the size of which may not exceed the dimensions listed in this section. Signs may be double-faced or be placed back-to-back or V-type. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign.

d.

No off-premises sign shall be closer than 1,000 feet to another off-premises sign or to any school, park, church or other place of worship.

e.

In accordance with section 5-12-10(e), when the zoning board of appeals shall recommend a special use permit for an off-premises sign, it shall condition such special use permit on the inclusion of adequate landscaping and an adequate program to maintain such landscaping, unless it finds landscaping wholly inappropriate because of the location of the off-premises sign.

f.

The granting of the permit is otherwise in the best interests of the health, safety and welfare of the city's residents.

g.

If the sign uses or incorporates automatic changeable technology, the sign shall be subject to the following additional restrictions:

1.

The sign shall not be located within 150 feet of an existing residentially used lot unless all parts of the changeable copy sign are oriented so that no portion of the sign face is visible from an existing or permitted principal structure on that lot;

2.

No audio speakers or pyrotechnics shall be used or associated with the sign;

3.

The sign shall contain a light detector or photocell by which the sign's brightness can be dimmed when ambient light conditions darken;

4.

The sign display shall not incorporate video, motion pictures, or intensely flashing or scintillating lights, provided scrolling or animated copy shall be permissible where not elsewhere prohibited by law.

(4)

Scenic areas. No off-premises sign shall be erected in any of the following designated scenic areas:

a.

The area bounded by state route 24 on the north; the municipal boundary on the west; U.S. Interstate 74 on the south; and a line running parallel and 2,000 feet east of the center of state route 116 on the east.

b.

The area bounded by U.S. Interstate 74 on the east; the Industrial Spur on the south; West Washington Street and the Robert Michel Bridge on the west; and the municipal boundaries on the north.

(5)

Collocation on adjoining premises. Any of the provisions of subsections (2) and (3) of this section, to the contrary notwithstanding, an off-premises sign may be located in the B-1, B-2, B-3, M-1 and M-2 zoning districts, but only if all of the following conditions are met:

a.

The off-premises sign is located on premises adjacent to the premises being advertised by the off-premises sign.

b.

The off-premises sign is located on the same sign structure as an on-premises sign located on the adjacent premises, thereby eliminating the need for a separate sign structure to support the off-premises sign.

c.

The sign structure for the on-premises sign which will serve as the sign structure for the collocated off-premises sign has a height in excess of 35 feet and has been lawfully erected.

d.

The area of the off-premises sign does not exceed the authorized maximum area for an on-premises sign at the proposed location of the off-premises sign.

e.

The collocation has been authorized as a special use in accordance with the procedure set forth at subsection (1) of this section.

(6)

Changeable copy signs along Interstate 74. Off-premises changeable copy signs may be located adjacent to Interstate 74, provided that all of the following conditions are met:

a.

Any property line of the parcel upon which the sign is located lies within 200 feet of the right-of-way line of Interstate 74.

b.

The copy area of any sign face does not exceed 672 square feet.

c.

Total structure height not to exceed 50 feet at top of the sign.

d.

Such other limitations or conditions as are deemed necessary to minimize the adverse impact of the sign on either the public health, safety and welfare or on the quiet enjoyment of nearby property.

e.

The sign must comply with any and all standards imposed by this chapter which are not inconsistent with the conditions imposed by this subsection (6).

(7)

Permitted special off-premises signs. Any other provisions of this chapter to the contrary notwithstanding, special off-premises signs may be placed at the following locations and constructed in accordance with the following specifications:

a.

One sign may be placed on property located to the southwest of Camp Street between the Camp Street right-of-way and the Farm Creek channel and located to the southeast of Clock Tower Drive right-of-way within a distance of and not more than 100 feet from the Clock Tower Drive right-of-way (being the intersection of Clock Tower Drive and Camp Street).

b.

One sign may be placed on property located to the southwest of Camp Street between the Camp Street right-of-way and the Farm Creek channel and located to the southeast of Altorfer Drive right-of-way within a distance of and not more than 100 feet from the Altorfer Drive right-of-way (being the intersection of Altorfer Drive and Camp Street).

c.

One sign may be placed on property located to the southwest of the Interstate 74 right-of-way along the northwest side of Altorfer Drive within a distance of and not more than 110 feet from the Interstate 74 right-of-way.

d.

One sign may be placed on property located at the southwest corner of Camp Street and Clock Tower Drive within a distance of and not more than 50 feet from back of the Camp Street curbline and within a distance of and not more than 400 feet from the back of the Clock Tower Drive curbline.

e.

One sign may be placed on property located along the north side of I-74 and located at least 850 feet to the east of the Bass Pro Drive right-of-way where it crosses under I-74 within a distance of and not more than 100 feet from the I-74 right-of-way.

f.

One sign may be placed on property located at the intersection of River Road and Bass Pro Drive on the right-of-way to promote destinations located along Bass Pro Drive on the north side of I-74.

g.

One sign may be placed on landscaped islands in the right-of-way of Mariner's Way within 500 feet from the Main Street right-of-way.

h.

One sign may be placed along the westerly right-of-way of the 500 block of West Washington in the Levee District for the Bluetowne Apartment Development.

i.

The special off-premises signs authorized by this subsection (7) shall be subject to the following specifications and restrictions:

1.

The area of each such sign shall not exceed 400 square feet, except the area of the sign authorized in subsection (7)d of this section may exceed 400 square feet but shall not exceed 672 square feet.

2.

The height of each such sign shall not exceed 70 feet.

3.

Such signs may be double-faced.

4.

Except for the signs authorized in subsections (7)d through h of this section, such signs shall advertise only retailers operating within the Target Area Business District designated by Ordinance No. 4022 and/or the Costco Area Business District designated by Ordinance No. 4024.

5.

The design of each such sign must be approved by the city's design review committee.

(Code 1994, § 4-7-7; Ord. No. 2369, 10-24-1989; Ord. No. 2544, 10-29-1991; Ord. No. 2894, § 2, 4-9-1996; Ord. No. 2895, § 1, 4-16-1996; Ord. No. 2949, § 2, 6-10-1997; Ord. No. 3019, § 1, 10-28-1997; Ord. No. 3021, § 1, 10-28-1997; Ord. No. 3808, § 1, 5-30-2008; Ord. No. 3848, § 2, 11-4-2008; Ord. No. 3812, § 1, 11-18-2008; Ord. No. 4033, § 1, 4-3-2012; Ord. No. 4187, § 25, 9-16-2014; Ord. No. 4541, § 2, 1-19-2021; Ord. No. 4752, § 1, 9-19-2023; Ord. No. 4814, § 1, 10-1-2024)

(a)

Issuance of permit fee. The director may issue, upon proper application and payment of a $25.00 fee, permits for temporary signs as defined in this section. The permit fees for religious and public bodies are waived.

(b)

Temporary signs for special events. Temporary signs, banners, flags or pennants are allowed in conjunction with the following:

(1)

Religious, civic, political or charitable events and projects.

(2)

The grand opening of any private business, provided that application is made within 45 days of the business opening.

The temporary sign permit for the above-named events or projects shall be valid for no more than 30 consecutive days. Such permits are not renewable.

(c)

Temporary signs for real estate developments. Temporary signs for the marketing of lots in a newly opened subdivision, or subdivision phase, or for commercial or industrial sites and spaces are allowed subject to the following conditions:

(1)

Such permits to be issued for a period of one year for a specific property or subdivision phase. Permits may be renewed annually.

(2)

No more than one temporary on-premises sign per subject property subject to the following limitations:

a.

The area of temporary on-premises signs shall not exceed 64 square feet in size.

b.

Any such sign shall be located on private property located within the boundaries of the subdivision advertised by the sign, but not within the boundary of any utility easement.

(3)

No more than one temporary off-premises sign per subject property subject to the following limitations:

a.

Such a temporary off-premises sign may be installed only when the subdivision which is the subject of the sign is not located along a major arterial street as determined by the administrator.

b.

The area of any such sign shall not exceed 12 square feet.

c.

The sign shall be located along a major arterial street as determined by the administrator.

d.

The sign shall be located on private property with the written consent of the owner of record of such property, but not within the boundary of any utility easement.

e.

The copy on such sign shall be devoted solely to directing persons and traffic to the subject property.

(4)

All such signs whether on-premises or off-premises shall be removed when 75 percent of the lots in the subdivision or subdivision phase or subject property are sold as determined by the administrator.

(d)

Temporary use of searchlight for the East Peoria Festival of Lights Parade. Temporary use of a searchlight in connection with the East Peoria Festival of Lights Parade is allowed subject to the following conditions:

(1)

No more than one permit for temporary use of a searchlight in connection with the East Peoria Festival of Lights Parade shall be issued per year, provided this section shall not be construed to require the issuance of such a permit.

(2)

A searchlight may be operated pursuant to this section up to two weeks prior to the scheduled date of the parade, but once operated must be operated for each and every successive night thereafter until and including the scheduled date of the parade.

(3)

The issuance of the permit shall be subject to such time, place and manner restrictions as the director, in his or her discretion, shall deem appropriate.

(e)

Placement of pole banners. Temporary pole banners placed by the city or with the consent of the city which pole banners celebrate and promote the East Peoria community, civic organizations or public events subject to the following conditions:

(1)

A minimum of 65 percent of the area of the pole banner sign must be dedicated to artwork or text which is consistent with the purposes for which pole banners may be displayed.

(2)

Advertising limited to the business name of the sponsor, the sponsor's logo, the year in which the sponsor was established and the sponsor's web address shall not exceed 35 percent of the area of the pole banner sign.

(3)

No permit shall be required for pole banners displayed by the city.

(4)

The city may at its discretion enter into contracts with persons which authorize such persons to display pole banners which comply with the terms and conditions of this section. Any such contract may provide for the waiver of the permit fee otherwise required for temporary signs. Only one application and one permit shall be required for any number of substantially identical pole banners.

(5)

The issuance of a permit for one or more pole banners shall be subject to such time, place and manner restrictions as the director, in his or her discretion, shall deem appropriate given the purpose and content of the pole banners.

(f)

Conformance with codes. Except as otherwise provided in this section, such temporary signs shall comply with all applicable city codes.

(Code 1994, § 4-7-8; Ord. No. 2687, § 2, 11-16-1993; Ord. No. 3523, § 4, 5-18-2004; Ord. No. 4157, § 1, 1-21-2014; Ord. No. 4172, § 2, 7-1-2014; Ord. No. 4187, § 25, 9-16-2014)

(a)

Compliance with city codes. All signs shall comply with all applicable provisions of this chapter and this Code, including, without limitation, other applicable provisions of title 4 pertaining to the building code and the electrical code and the construction standards set forth in this section.

(b)

Additional construction standards.

(1)

Obstruction to exits. No sign shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.

(2)

Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provision of the building or fire prevention codes.

(3)

Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specification, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically from any conductor or public utility guy wire.

(4)

Drainage. The roofs of all marquees shall be properly guttered and drained.

(5)

Freestanding sign structures. All freestanding sign structures or poles shall be self-supporting structures erected on or permanently attached to concrete foundations.

(6)

Wind loads. All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows:

a.

For solid signs, 30 pounds per square foot on one face of the sign.

b.

For skeleton signs, 36 pounds per square foot of the total face area of the letters and other sign surfaces, or ten pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.

The wind loadings quoted above are normal averages and must be adjusted for areas subject to unusually high-velocity winds, for signs of extraordinary height or for certain wind tunneling effects created by large buildings.

(7)

Sign anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.

(8)

Setbacks. No portion of any freestanding sign shall be closer than 20 feet to any property line.

(9)

Permanent construction. All signs except temporary signs must be of a permanent nature and cannot be constructed of cloth, paper, cardboard or similar materials.

(10)

Height of signs. No part of any wall or window sign (temporary or permanent) shall be located above the first occupied floor of a building; further, no part of any sign, except a freestanding sign, shall extend above the roofline of a building. No off-premises sign shall have an overall height exceeding 35 feet.

(Code 1994, § 4-7-9; Ord. No. 2949, § 3, 6-10-1997; Ord. No. 3019, § 2, 10-28-1997; Ord. No. 3021, § 2, 10-28-1997; Ord. No. 3487, § 11, 1-27-2004)

(a)

Maintenance. Every sign in the city, including those for which no permit is required, shall be maintained in good structural condition at all times, including the replacement of defective parts, painting, cleaning and other acts required for proper maintenance. A sign which is not maintained in good structural condition shall be considered an illegal sign.

(b)

Illegal signs.

(1)

It is declared to be a violation of this chapter for any person to allow the existence of an illegal sign on property under his or her ownership or control.

(2)

The director may, after inspection, declare a sign to be illegal and shall provide notice, in writing, to the owner and/or other person in control of the premises on which the illegal sign is located. The notice shall describe the sign and state the reasons for his or her declaration. The person to whom the notice is sent shall be given not less than 24 hours nor more than 30 days in which to remove or repair the sign. The notice may be delivered either by personal service or by certified mail.

(c)

Nonconforming signs. After the enactment of this chapter, the director shall, from time to time, survey the city for nonconforming signs. Upon determination that a sign is nonconforming, the director may notify the owner of the property on which the sign is located of his or her determination and reasons therefor. Part of this notification may order the owner to remove the sign or make it conforming within two years of the date of receipt of such notice. Such notice will be sent by certified mail, return receipt requested. Failure to remove the sign or make it conforming shall be deemed to be a violation of this chapter, and the penalties of subsection (e) of this section shall apply.

(d)

Removal of illegal or nonconforming signs. If the owner or other person in control of the premises fails to comply with any notice to repair or remove served as herein provided, the director is authorized to cause removal of the sign and any cost or expense incidental thereto shall be paid by the owner or other person in control of the premises on which the sign is located. Such costs if not reimbursed, shall constitute a lien against the premises upon which the sign is located.

(e)

Penalties. The violation of or failure to comply with any of the provisions of this chapter is declared to be a misdemeanor. Any person violating any provision of this sign code shall, upon conviction, be fined not less than $50.00 nor more than $750.00 for each offense. Each day that a violation continues shall be deemed a separate offense.

(Code 1994, § 4-7-10; Ord. No. 3292, § 32, 7-3-2001; Ord. No. 4187, § 25, 9-16-2014)

(a)

Posting advertisements on illegal structures. No person shall post or maintain any advertisement or signs on any billboard or signpost which does not fully conform to all the provisions of section 5-16-9 and all other ordinances of the city affecting the erection or maintenance of structures.

(b)

Billposting, etc., without consent of owner, etc., of premises. No person shall, without the consent of the owner or occupant of the premises, post, stick or place any handbill, showbill, placard or notice upon any building, wall, fence or tree box.

(c)

Duties.

(1)

It is unlawful for any person engaged in the business of outdoor advertising to permit any refuse resulting from the erection or maintenance of any signs, display boards or billboards erected or maintained by such licensee to accumulate anywhere in the city, except by placing it in properly established and maintained refuse receptacles. It is unlawful to permit any loose or flapping combustible materials to hang from or to be attached to any billboard or signboard or other place used for display or advertising purposes. All refuse resulting from the operation of the business of any outdoor advertiser must be carefully gathered up and disposed of.

(2)

In connection with weeds, etc., it shall be the duty of every outdoor advertiser to keep all grass and weeds and other growths, excepting trees and ornamental shrubbery, cut down so the same shall not grow to a greater length then ten inches, within six feet of any billboard or signboard used by such licensee, provided that this obligation shall extend only to property controlled by the licensee.

(d)

Identification of licensee on advertisements. It is unlawful for any outdoor advertiser to carry on his or her business unless the name of such advertiser is attached, displayed or printed on all billboards or signboards used by such advertiser or in any notice, placard or advertisement posted by him or her, in such lettering so as to be visible from a distance of at least five feet from the notice or advertisement.

(e)

Section not applicable to official notices. The provisions of this section shall not apply to the posting of signs or notices by order of any court or any public officer in the performance of his or her duty.

(f)

License required. It is unlawful for any outdoor advertiser to engage in or do the business of outdoor advertising in the city, without having first obtained a license therefor, provided that no license issued under this subsection shall be construed so as to permit the use of any structures, natural or artificial, for advertising purposes, which are located in any public street, sidewalk, alley or other place in the city.

(g)

Application. Applicants for the license required by this subsection shall be filed with the director and shall be accompanied by a list of all places, including billboards or signboards or natural structures, contemplated to be used or on which it is intended to place signs or advertisements. This list shall be added to from time to time by the licensee as the right to post or place advertisements or signs on additional places is acquired.

(h)

Fees. The annual license fee for the license required by this chapter shall be $150.00 for each off-premises sign used or maintained by the licensee within the city's corporate limits. Nothing in this subsection shall be construed as requiring payment of an annual license fee for any on-premises sign. Nothing in this subsection shall be construed as requiring payment of any annual fee for any off-premises sign which is permitted and lawful under section 5-16-6(5), and which is located on premises adjacent to the premises being advertised by the off-premises sign. Each application for a license as an outdoor advertiser contemplated by this section shall be accompanied by a statement under oath of the number of signs used by the applicant in the city for such outdoor advertising. The annual license fee shall be due and payable on January 1 of each year.

(Code 1994, § 4-7-11; Ord. No. 2894, § 3, 4-9-1996; Ord. No. 3848, § 3, 11-4-2008; Ord. No. 4187, § 25, 9-16-2014)