The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of street graphics that will preserve the right of free speech and expression, provide easy and pleasant communication between people and their environment, and avoid the visual clutter or distraction that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of street graphics to:

A.

Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by, or which may be fully or partially attributable to cluttered, distracting, or illegible signage;

B.

Promote the use of graphics which are aesthetically pleasing, of appropriate scale, and integrated with surrounding buildings and landscape, in order to meet the community's expressed desire for quality development;

C.

Provide functional flexibility, encourage variety, and create an incentive to relate signing to basic principles of good design;

D.

Assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets, and other public structures and spaces, are protected by exercising reasonable controls over the character and design of graphic structures;

E.

Provide an improved visual environment and to protect prominent view sheds within the community by authorizing the use of street graphics that are:

1.

Compatible with their surroundings;

2.

Appropriate to the activity that displays them;

3.

Expressive of the identity of individual activities and the community as a whole;

4.

Legible in the circumstances in which they are seen; and

5.

Unlikely to distract drivers to a dangerous degree.

F.

Provide regulations which preserve the right of free speech and expression.

(Ord. No. G24-17, 2017; Code 1976, § 19.50.010)

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:

A-framed graphic means a temporary graphic that is placed upon, but not generally mounted to the ground. It is a double-sided graphic connected at the top and separated at the bottom.

Activity means an individual tenant, business, or other establishment.

Animation oranimated means the movement or the optical illusion of movement of any part of the street graphic structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a street graphic. See Changeable copy.

Architectural detail means any projection, relief, cornice, column, change of building material, window, or door opening on any building.

Architectural, historic, or scenic area means an area that contains unique architectural, historic, or scenic characteristics that require special regulations to ensure that street graphics displayed within the area enhance its visual character and are compatible with it.

Awning means a cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Banner means a graphic composed of a visual display on lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.

Bare bulb illumination means exposed or uncovered lighting elements found on a graphic, for example, lightbulbs without cover.

Building means a structure with a pervious or impervious roof, designed and intended to shelter persons or personal property, and where the interior areas of such a structure are accessible to persons.

Canopy graphic means a structure other than an awning made of cloth, metal, or other material with frames affixed to a building and carried by a frame that is supported by the ground.

Changeable copy means copy within a street graphic that is designed and intended to be manually changed.

Directional graphic means a street graphic at the exit or entrance of a premises that has two (2) or more driveways.

Electronic changeable copy graphic means a street graphic or portion thereof that displays electronic, nonpictorial, text information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combination of light emitting diodes (LEDs), fiber optics, lightbulbs or other illumination devices within the electronic display panels. Electronic changeable copy graphics include, but are not limited to, computer programmable, microprocessor controlled electronic displays. The following terms for such electronic changeable copy graphics shall be defined as follows:

Character means a letter, number, punctuation mark or decimal point.

Dissolve means graphics where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message.

Electronic display panel means a separate portion of an electronic changeable copy graphic in which electronic text can be displayed.

Fade means graphics where static messages are changed by means of varying light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

Nits means a luminance unit equal to one (1) candle per square meter measured perpendicular to the rays from the source.

Scrolling means graphics where the message is changed by the apparent vertical movement of the letters or graphic elements of the message.

Static means graphics having no motion or movement of any type.

Text means graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation, effects simulating animation or video.

Travel means graphics where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message.

Electronic video display graphic means a street graphic or portion thereof that displays electronic images, graphics, videos or pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the electronic display panels. Electronic video display graphics include, but are not limited to, computer programmable, microprocessor controlled electronic displays.

External illumination means illumination of a graphic that is affected by an artificial source of light not contained within the graphic itself.

Festoon lighting means a string of outdoor lights that is suspended between two (2) points.

Flag means a piece of cloth or similar material, typically oblong or square, attachable by one (1) edge to a pole or rope.

Flashing graphic means a graphic which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally-mounted light source but does not include an electronic message graphic.

Flashing illumination means illumination in which the artificial source of light is not maintained stationary or constant in intensity and color at all times when a street graphic is illuminated, including illuminated lighting.

Government graphic means a graphic that is constructed, placed or maintained by the federal government, state government, or city on federal government, state government, or city-owned or -leased property, or a graphic that is required to be constructed, placed or maintained by the federal government, state government, or city either directly or to enforce a property owner's rights.

Graphic means a street graphic or special street graphic, as defined by this chapter. The terms "graphic" and "sign" are used interchangeably in this chapter and this title.

Ground graphic means a street graphic supported by one (1) or more uprights or bases placed upon or affixed in the ground and not attached to any part of a building. The term "ground graphic" includes a monument graphic.

Height means the vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the street graphic.

Illumination orilluminated means a source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the street graphic.

Indirect illumination means a source of external illumination, located away from the graphic, that lights the graphic, but which is itself not visible to persons viewing the graphic from any street, sidewalk or adjacent property.

Inflatable graphic means a sign or advertising device designed to be airborne and tethered to the ground or any other structure and shall include balloons and any other inflatable attention-getting device.

Integral roof graphic means any graphic erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the graphic extends vertically above the highest portion of the roof.

Internal illumination means a light source that is concealed or contained within the street graphic and becomes visible in darkness through a translucent surface.

Marquee means a permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from the elements.

Marquee graphic means a street graphic that is a part of or attached to a marquee. A marquee graphic shall be considered a wall graphic.

Monument graphic means a graphic which is completely or principally supported by a short wall typically constructed of masonry material which is a minimum of eighty (80) percent of the width of the graphic and is not attached to the principal building on the property and is permanently anchored in or upon the ground.

Mural means a hand painted or handmade work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of a property owner. Examples of murals include hand painted images or mosaics comprised of individual tiles or other like material. A mural does not include mechanically produced or computer-generated prints or images, including, but not limited to, digitally printed vinyl; electrical or mechanical components; or changing image art display.

Neon means a source of light for externally lit street graphics supplied by a neon tube that is bent to form letters, symbols, or other shapes.

Nonconforming street graphic means a street graphic that was lawfully constructed or installed prior to the adoption or amendment of this chapter and was in compliance with all of the provisions of this chapter and other applicable requirements of law then in effect, but which does not presently comply with this chapter and other applicable requirements of law.

Obsolete copy means copy within a street graphic that once lawfully related, but no longer relates, to businesses, commodities, services, or entertainment provided on the premises on which the street graphic is located.

Occupant means the holder of a certificate of occupancy or a certificate of re-occupancy for a land use established within a building.

Off-premises street graphics means a street graphic that advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or facilities on which the street graphic is located, including, but not limited to, graphics commonly referred to as billboards.

Painted wall graphic means a graphic which is painted directly upon a wall or building, and which includes no other attachments or appurtenances to such building.

Pennant means any lightweight plastic, fabric or other material, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Pole graphic means a freestanding street graphic that is permanently supported in a fixed location by a structure of poles, uprights, or braces from the ground and not supported by a building or a base structure.

Portable street graphic means a street graphic not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. The term "portable street graphic" shall not include an A-frame graphic.

Premises means the lots, plots, portions, or parcels of land considered as a unit for a single use or development, whether owned or leased.

Principal building means a detached and enclosed building [SR], which is most important in area and extent to all other buildings [SR] located on a zoning lot [SR] or shall mean a detached and enclosed building in which the principal use [SR] of a zoning lot is conducted. A building which is partitioned completely by an accessory building [SR] into two (2) or more portions shall be considered more than one (1) principal building.

Projecting graphic means a wall graphic affixed to a building and that extends beyond the line of such building wall or beyond the surface of that portion of the building wall to which it is affixed by more than twelve (12) inches.

Roof graphic means any street graphic erected or constructed in whole or in part on and over the roof of a building, supported by the roof structure, or extending vertically above the highest portion of the roof.

Roof graphic, integral. See Integral roof graphic.

Shopping center means a commercial development under unified control consisting of four (4) or more separate commercial establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area.

Snipe graphic means any small graphic, generally of a temporary nature, made of any material, when such graphic is stuck in the ground on a property or tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences, or other objects not owned, erected and maintained by the owner of the graphic.

Street frontage means that portion of a zoning lot that is coterminous with a public right-of-way or a private street.

Street graphic means a visual display which is affixed to, painted or represented directly or indirectly upon a building, structure or other outdoor surface designed to identify, announce, direct, or inform that is visible from a public right-of-way. The term "street graphic" includes, but is not limited to, banners, pennants, streamers, moving mechanisms, and lights. The terms "street graphic" and "sign" are used interchangeably in this chapter and this title.

Structure means anything manufactured, constructed, or composed of parts joined in some definite manner that requires a location on the ground or that is attached to something that has a location on the ground. Structures shall include, but shall not be limited to, buildings [SR], antennas [SR], signs, street graphics, fences [SR], and off-street parking facilities [SR].

Subdivision entrance graphic means a permanently mounted street graphic located at the major entrances of a subdivision or planned development.

Suspended graphic means a graphic suspended from the underside of the horizontal plane surface of a canopy, cantilever, or marquee, and that is supported by such surface.

Temporary street graphic means a street graphic intended to be displayed for a transitory or temporary period. Portable street graphics, or any street graphic not permanently embedded in the ground or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary street graphics.

Temporary window graphic means a window graphic displayed for a limited period of time, including a graphic made of paper and mounted with tape or other like adhesive material to the interior of a window.

Vehicle graphic means any graphic attached to or displayed on a vehicle.

Wall graphic means a graphic attached directly to an exterior wall of a building or dependent upon a building for support, with the exposed face of the graphic located in a place substantially parallel to the exterior building wall to which the graphic is attached or which supports the graphic.

Window graphic means a street graphic applied, painted or affixed to or in the window of a building. A window graphic may be temporary or permanent.

Zoning lot means land which is legally described as a separate tract of land, or legally described as one (1) or more lots of record [SR] or a portion thereof; which is located within a single block [SR] with frontage [SR] on a public right-of-way; and which is developed under single ownership or unified control [SR] as a single unit with respect to the provision of on-site stormwater control systems, on-site municipal sanitary sewer and water systems, private streets, or on-site off-street parking facilities [SR], excluding driveways [SR], and approaches.

(Ord. No. G16-19, 2019; Ord. No. G24-17, 2017; Ord. No. G7-13, 2013; Ord. No. G34-10, 2010; Ord. No. G71-08, § 4, 2008; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.020)

A.

A graphic may be erected, placed, established, painted, constructed, altered, maintained or relocated in the city only in conformance with the provisions of this chapter and other applicable ordinances.

B.

All street graphics shall be designed, constructed, and maintained in conformance to the provisions of title 16. With the exception of projecting graphics and suspended graphics, all street graphics shall be of such design that all framework for the lateral support of the street graphic shall be contained within the street graphic's body or within the structure of the building to which it is attached in such a manner as not to be visible to any person. With the exception of projecting graphics and suspended graphics, a street graphic shall be of such design that it is free of any exposed bracing, angle iron, guywires, cables and so forth.

C.

Any street graphic that can be displayed under the provisions of this chapter may contain a noncommercial message.

D.

Any exempt street graphic, as enumerated in section 19.50.120, and the following street graphics shall be the only street graphics allowed in those zoning districts listed within section 19.07.300B and C, except as otherwise specifically regulated by this chapter, and with the noted exceptions:

1.

Canopy graphics, in the MFR Multiple-Family Residence District only.

2.

Directional graphics.

3.

Subdivision entrance graphics.

4.

Temporary street graphics allowed under section 19.50.090H1.

5.

Flags.

6.

Building markers.

E.

All street graphics containing only noncommercial messages are deemed to be on-premises street graphics.

(Ord. No. G24-17, 2017; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.030)

A.

Street graphics with changeable copy shall be allowed only in the CF Community Facility District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, and CI Commercial Industrial District Zoning Districts, as well as the like planned development districts.

B.

Indirect illumination, external illumination, and internal illumination shall be allowed in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District Zoning Districts, as well as the like planned development districts.

C.

Neon shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, and CI Commercial Industrial District Zoning Districts, as well as the like planned development districts.

(Ord. No. G44-12, 2012; Code 1976, § 19.50.040)

A.

Surface area of individual graphics. The surface area of an individual graphic shall be the total exposed surface devoted to the street graphic's message including all ornamentation, embellishment, symbols, logos, letters, characters, other figures, or frames, whether structural or decorative. For monument graphics, surface area shall include that portion of the supporting structure, from the ground to the bottom of the graphic.

The surface area of an individual graphic shall be calculated by the customary, applicable mathematical formula for square, rectangular, triangular, circular, or elliptical shaped graphic faces, including copy, background, and any frame or boxed display. In the case of irregularly shaped graphics, or graphics composed of separate letters or characters connected in meaning, the surface area shall be determined by computing the area lying within straight lines connecting the extreme projections, corners, or edges of the letters, characters, symbols, ornamentation, embellishment, and other figures composing the graphic taken as a whole.

B.

Surface area of multifaced graphics. The surface area for a graphic with more than one (1) face shall be computed by adding together the area of all graphic faces visible from any one (1) point. Where two (2) identical graphic faces are placed back-to-back and parallel, so that both faces cannot be viewed from any point at the same time, and where such graphic faces are part of the same graphic structure and are not more than forty-two (42) inches apart as measured from the farthest projections, the graphic area shall be computed by the measurement of one (1) of the faces. Where a graphic has two (2) or more display faces of unequal dimensions, the area of the largest face shall determine the graphic surface area.

C.

Surface area of projecting graphic. The surface area of a projecting graphic shall be the total exposed surface devoted to the street graphic's message including ornamentation, embellishment, symbols, logos, letters, characters, other figures, and frames. The rigid supports comprising of structural elements used to pin the graphic away from the wall on which it is mounted shall not be considered part of the surface area calculations of the projecting graphic.

D.

Height of graphics. The height of a graphic shall be computed as the distance from the normal grade at the base of the graphic to the top of the highest attached component of the graphic. Normal grade shall be construed to be the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the graphic, whichever is lower. In cases in which the normal grade cannot reasonably be determined, graphic height shall be computed on the assumption that the elevation of the normal grade at the base of the graphic is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal building on the zoning lot, whichever is lower.

(Ord. No. G34-10, 2010; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.050)

A.

Illumination and movement prohibited. A street graphic may not be animated or have exposed bare bulb or flashing illumination.

B.

Illumination requirements. A permanent street graphic may be nonilluminated, illuminated by internal, internal indirect or external indirect illumination. Street graphics that are externally lit shall be illuminated only with steady, stationary, down directed, and shielded light sources directed solely onto the graphic.

C.

Glare. Any lighting fixture on a street graphic that is located within ten (10) feet of a property line of a residential zoning district or an existing residential use, or within ten (10) feet of a public right-of-way, shall be:

1.

Aimed away from the property line, residential use, or zoning district, or public right-of-way;

2.

Classified as IESNA Type III or Type IV lighting fixture; and

3.

Shielded on the side closest to the property line, residential use, zoning district, or public right-of-way.

(Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.060)

A.

Monument graphic display. No monument graphic shall be displayed on a zoning lot unless there is a principal building on the premises, and unless off-street parking is provided on the premises or all buildings on the zoning lot are set back at least fifteen (15) feet from the adjoining public right-of-way.

B.

Distance between monument graphics. A one hundred (100) linear foot separation shall be maintained between all monument graphics, located on all zoning lots along the same public right-of-way, excepting directional graphics, wherever physically possible, measured parallel to the direction of travel on the adjoining street.

C.

Monument graphic setback. No portion of a monument graphic shall project over or into a required graphic setback from a street lot line. In no case shall the height of a monument graphic exceed the setback of such graphic from a residence district or residence conservation district.

D.

Type, number, size, and location.

1.

Type. All permanent ground graphics shall be monument graphics.

2.

Zoning districts and maximum number. Monument graphics shall be allowed only in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and CI Commercial Industrial District Zoning Districts. The maximum number of monument graphics shall be one (1) graphic for each principal building on a zoning lot, not to exceed one (1) graphic for each one hundred fifty (150) linear feet of street frontage on the same public right-of-way for each zoning lot.

3.

Maximum surface area and maximum height. Except in an area of special character, the maximum surface area and maximum height of a monument graphic shall be determined by the speed limit of the public roadway adjoining the yard within the zoning lot on which the monument graphic is located in accordance with the following requirements:

a.

Speed limit of thirty (30) miles per hour or less: Forty (40) square feet.

b.

Speed limit of thirty-five (35) to forty (40) miles per hour: Sixty (60) square feet.

c.

Speed limit of forty-five (45) to fifty (50) miles per hour: Eighty (80) square feet.

d.

Speed limit of fifty-five (55) miles per hour or greater: One hundred twenty (120) square feet.

e.

Except as otherwise provided in this section, the height of a monument graphic cannot exceed ten (10) feet.

4.

Location. In the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and CI Commercial Industrial District Zoning Districts, no monument graphic shall be located within a street yard adjoining a local street, or a collector street, where the property located directly opposite the public right-of-way is located within a residence district.

5.

Shopping centers. Shopping centers consist of four (4) or more commercial establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area, and, as such, have unique needs requiring an accommodation for larger street graphics. Shopping center identification graphics shall not exceed twenty (20) feet in height or two hundred (200) square feet in surface area. One (1) shopping center monument graphic shall be allowed along each street frontage. The number and surface area of shopping center identification graphics shall not limit the number or surface area of other allowable street graphics on a zoning lot. Shopping center identification monument graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, and the CC2 Center City District Zoning Districts.

E.

Landscaping. A landscaped area located around the base of the ground graphic equal to two and one-half (2.5) square feet for each square foot of ground graphic area, is required for all ground graphics. The landscaped area shall contain living landscape material consisting of shrubs, perennial ground cover plants, or a combination of both, placed throughout the required landscape area having a spacing of not greater than three (3) feet on center. Where appropriate, the planting of required deciduous or evergreen trees, installed in a manner that frames or accents the ground graphics structure is encouraged.

(Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.070)

A.

Wall graphics and architectural features. No wall graphic or integral roof graphic shall cover or interrupt major architectural features, such as doors, exits, and windows.

B.

Wall graphic projections. No wall graphic shall project more than twelve (12) inches from the surface to which it is attached, except as may otherwise be provided for projecting graphic.

C.

Vertical clearance. All wall graphics, except authorized painted wall graphics, shall have a minimum vertical clearance of nine (9) linear feet over a sidewalk or a private driveway, and shall have a minimum vertical clearance of seventeen (17) linear feet over a private street.

D.

Zoning districts and maximum number. Except as otherwise provided in this section, wall graphics and integral roof graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and CI Commercial Industrial District Zoning Districts. The maximum number of wall graphics and integral roof graphics shall be two (2) for each occupant located on the ground floor of a building. For a building face that does not have two (2) or more occupants on the ground floor, there shall be a maximum of two (2) wall graphics or integral roof graphics.

1.

In the CF Community Facility District and the RB Residence Business District Zoning Districts, the maximum number of wall graphics and integral roof graphics shall be one (1) for each occupant located on the ground floor of a building, or one (1) on each building face, which does not have two (2) or more occupants located on the ground floor, for each street frontage on a different public right-of-way.

2.

In addition, in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District and the CI Commercial Industrial District Zoning Districts, one (1) wall sign for each building or for each occupant located on the ground floor of a building shall be allowed on the rear or service entrance side of the building.

3.

The maximum surface area of any wall sign placed on the rear or service entrance side of a building in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District and the CI Commercial Industrial District Zoning Districts shall be limited to twenty (20) square feet.

E.

Maximum surface area. In the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District, ORI Office Research Industrial District, GI General Industrial District, and the CI Commercial Industrial District Zoning Districts, the maximum surface area for all wall graphics and integral roof graphics on each building face or occupant space for each different street frontage shall not exceed three (3) times the linear footage of the building face or occupant space on which the wall graphics and integral roof graphics are maintained, nor the following maximums for surface area, whichever is less:

1.

Eighty (80) square feet where the building setback from the closest parallel street is less than one hundred (100) feet, as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street;

2.

One hundred twenty (120) square feet where the building setback from the closest parallel street is one hundred (100) feet or more, but less than two hundred feet (200), as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street;

3.

Two hundred forty (240) square feet where the building setback from the closest parallel street is two hundred feet (200), but less than four hundred feet (400), as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street;

4.

Four hundred eighty (480) square feet where the building setback from the closest parallel street is four hundred feet (400) or more, as measured in a perpendicular or approximately perpendicular line from the building setback to the nearest edge of the street.

F.

Integral roof graphic. An integral roof graphic is a graphic that shall be erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the graphic extends vertically above the highest portion of the roof. There shall be a maximum of two (2) integral roof graphics on each principal building. The surface area of an integral roof graphic shall be deducted from the total allowable graphic surface area for wall graphics on each zoning lot. An integral roof graphic shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC2 Center City District, and CI Commercial Industrial District Zoning Districts.

G.

Marquee graphic. A marquee graphic shall be considered a wall graphic. A maximum of one (1) marquee graphic shall be allowed on each vertical marquee surface to a maximum of three (3) marquee graphics. Marquee graphics shall be located entirely within the vertical marquee surface. The surface area of a marquee graphic shall be deducted from the total allowable graphic surface area for wall graphics on each zoning lot. A marquee graphic shall be allowed only in the CF Community Facility District and CC1 Center City District Zoning Districts.

H.

Window graphic. Window graphics may be located on the interior or the exterior of a window and may be visible from the exterior of a building or structure regardless of the manner in which it is attached or mounted. Window graphics shall be considered wall graphics and shall be limited in size to no more than twenty-five (25) percent of the window area. Window graphics shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot, however, window graphics shall not be counted against the maximum number of wall graphics otherwise allowed. Window graphics shall be allowed only in the CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District and the ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District Zoning Districts.

I.

Awning graphic. An awning graphic shall be considered a wall graphic. A maximum of one (1) graphic per awning shall be allowed on each vertical awning surface. Awning graphics shall be limited to awnings on windows and doors of businesses located on the ground floor of a building. Awning graphics shall be located entirely within the vertical marquee surface. The surface area of an awning graphic shall not exceed twenty-five (25) percent of the vertical surface of the plane of the awning on which it is located and shall be deducted from the total allowable graphic surface area for wall graphics on each zoning lot. An awning graphic shall be allowed only in the CF Community Facility District, the CC1 Center City District, CC2 Center City District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District.

J.

Mural. An authorized mural conforming to the provisions of section 19.50.090M shall not count against the maximum number or the maximum surface area allowed for wall and integral roof graphics.

(Ord. No. G16-19, 2019; Ord. No. G24-17, 2017; Ord. No. G44-12, 2012; Ord. No. G25-08, §§ 1, 2, 2008; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.080)

A.

A-frame graphic. An A-frame graphic is a portable, freestanding graphic which may be placed on public sidewalks, and which is intended for pedestrian-oriented uses. A-frame graphics shall be permitted only for occupants in the CC1 Center City District and CC2 Center City District Zoning Districts. An occupant may have an A-frame graphic or a projecting graphic, but not both. An occupant seeking to establish an A-frame graphic shall be located at a ground level location in the building in which the occupant is located. The building in which the occupant is located and to which the graphic is attached shall be set back no more than ten (10) feet from the sidewalk. The occupant shall have an entrance for the public or patrons or a service window that faces and is within ten (10) feet of the sidewalk.

1.

Location. A-frame graphics may be located partially or entirely on a sidewalk within a public right-of-way adjacent to the building or occupant space for which the A-frame graphic has been established. A minimum of a five (5) foot wide section of public sidewalk shall remain unobstructed at all times.

2.

Size. A-frame graphics shall be no more than four (4) feet in height and eight (8) square feet in surface area.

3.

Design. A-frame graphics shall be professionally made and maintained in good condition. Graphics shall be of an A-frame (sandwich board) design and properly weighted so as to not create a windblown hazard. Graphics shall not have any protruding nails, tacks, wires, or sharp metal edges.

4.

Illumination. A-frame graphics shall not be illuminated.

5.

Number. Not more than one (1) A-frame graphic shall be permitted per occupant on a zoning lot, except that when a zoning lot abuts two (2) or more rights-of-way, then the occupant shall be permitted one (1) graphic on each public sidewalk within the right-of-way.

6.

Time restrictions. A-frame graphics shall not be displayed before sunrise and shall be taken down each day not later than 9:00 p.m.

7.

Certificate of insurance. No A-frame graphic shall be placed on a public sidewalk without providing to the city a certificate of insurance pursuant to section 13.04.210.

B.

Canopy graphic. A maximum of one (1) canopy graphic shall be allowed on each vertical canopy surface to a maximum of three (3) canopy graphics. Canopy graphics shall be located entirely within the vertical canopy surface. No canopy graphic shall exceed twenty-five (25) percent of the vertical canopy surface on which it is maintained. The surface area of a canopy graphic shall be deducted from the total allowable graphic surface area for wall graphics for each building and building occupant on each zoning lot. Canopy graphics shall be allowed only in the MFR Multiple-Family Residence District, CF Community Facility District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, CC1 Center City District, CC2 Center City District and the ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District Zoning Districts.

C.

Directional graphic. A directional graphic may be located at an exit or an entrance to a premises that has two (2) or more driveways. The maximum surface area for a directional graphic shall be not more than two (2) square feet on two (2) lane streets or highways and on any highway with a posted travel speed of less than thirty-five (35) miles per hour, and not more than four (4) square feet on multilane roads and on any highway with a posted travel speed of thirty-five (35) miles per hour or greater. Directional graphics shall be monument graphics with a masonry base. The total height of a directional graphic shall not exceed three (3) feet. Notwithstanding other provisions of this chapter, the area of the base of a directional graphic shall be excluded from the maximum surface area allowed by this section. Landscaping otherwise required for monument graphics shall not be required for directional graphics.

D.

Drive-through facility graphic. A drive-through facility graphic shall be permitted only in the NB Neighborhood Business District, AB Area Business District, CC2 Center City District, and CI Commercial Industrial District Zoning Districts, as well as the like planned development districts, and in conjunction with a drive-through facility. A drive-through facility graphic shall be either a monument graphic or a wall graphic.

1.

Size. No drive-through facility graphic shall exceed sixty (60) square feet in surface area or eleven (11) linear feet in height. The surface area of drive-through facility graphics shall not limit the surface area of other allowable signage on a zoning lot.

2.

Number. The maximum number of drive-through facility graphics shall be two (2) such graphics per drive-through lane, with a maximum of four (4) such graphics per business. The number of drive-through facility graphics shall not limit the number of other allowable signage on a zoning lot.

3.

Base material. A new monument-style drive-through facility graphic associated with a newly constructed "principal use" [SR] shall have a masonry base. Where a new monument-style drive-through facility graphic is added at an existing "principal use" [SR], or where an existing drive-through facility graphic is replaced at an existing "principal use" [SR], the new or replacement monument-style drive-through graphic may include as its base a fabricated metal box of a color, style, and material consistent with the graphic; the exception for the fabricated metal box is where a masonry base already exists, in which case a masonry base shall be provided.

4.

Electronic changeable copy. A drive-through facility graphic may include an electronic changeable copy graphic. The electronic display panel shall be operated in compliance with the standards of subsection I.5.a. through f. of this section 19.50.090, except the rate of change may be more frequent so that said panel is responsive to employee-customer interactions.

E.

Projecting graphic. A projecting graphic shall be permitted only in the CC1 Center City District, CC2 Center City District, NB Neighborhood Business District and AB Area Business Zoning Districts. An occupant seeking to establish a projecting graphic shall be located at a ground level location in the building in which the occupant is located. An occupant in the CC1 Center City District or the CC2 Center City District may have a projecting graphic or an A-frame graphic, but not both. The building in which the occupant is located and to which the graphic is attached shall be set back no more than ten (10) feet from the sidewalk. The occupant shall have an entrance for the public or patrons or service window that faces and is within ten (10) feet of the sidewalk.

1.

Location. Projecting graphics may be located partially or entirely over a sidewalk over a public right-of-way and shall provide a minimum nine feet (9) of clearance from the bottom edge of the graphic to the sidewalk or ground surface.

2.

Size. No projecting graphic shall be more than twelve (12) square feet in surface area. The surface area of a projecting graphic shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot.

3.

Illumination. Projecting graphics may be illuminated.

4.

Number. Not more than one (1) projecting graphic for each individual street frontage shall be permitted for each occupant on a zoning lot.

5.

Mounting. Projecting graphics must be pinned away from the wall at least six (6) inches and must project from the wall at an angle of ninety (90) degrees. Projecting graphics shall not project above the roofline or eighteen (18) feet, whichever is lower. A projecting graphic in a public right-of-way shall not extend vertically above the windowsill of a second story.

6.

Materials. Projecting graphics may, in addition to other materials, be constructed utilizing a fabric or flexible membrane supported on no less than two (2) sides by rigid supports used to mount the sign on the face of the building on which it is located.

F.

Subdivision entrance graphic. There shall be a maximum of one (1) subdivision entrance graphic for each street corner of such major entrance. Subdivision entrance graphics may be a monument graphic or a wall graphic, neither of which shall exceed eighty (80) square feet in surface area, nor ten (10) linear feet in structure height. A subdivision entrance graphic that is a wall graphic shall be attached to or supported by a decorative landscaping wall or fence. The number and surface area of subdivision entrance graphics shall not limit the number or surface area of other allowable signage on a zoning lot. Subdivision entrance graphics shall be allowed only in the SFR1 Single-Family Residence District, SFR2 Single-Family Residence District, RC1 Residence Conservation District, RC2 Residence Conservation District, RC3 Residence Conservation District, TFR Two (2) Family Residence District, MFR Multiple-Family Residence District, ORI Office Research Industrial District and GI General Industrial District Zoning Districts.

G.

Suspended graphic. There shall be a maximum of one (1) suspended graphic for each entrance to a building. No suspended graphic shall exceed six (6) square feet in graphic surface area. Suspended graphics shall be located entirely within the horizontal surface of the canopy, cantilever or marquee and shall provide a minimum nine (9) feet of clearance from the bottom edge of the graphic to the sidewalk or ground surface. The surface area of a suspended graphic shall be deducted from the total allowable graphic surface area for wall graphics for each occupant or building on each zoning lot. Suspended graphics shall be allowed only in the NB Neighborhood Business District, AB Area Business District, CC1 Center City District and CC2 Center City District Zoning Districts.

H.

Temporary graphic. A temporary graphic may be located only in compliance with the provisions of this section and the other provisions of this chapter. Temporary graphics shall not be placed less than five (5) feet from any other privately-owned property. Temporary graphics shall not be illuminated. If building-mounted, temporary graphics must be flush-mounted and must not project above the roofline.

1.

Temporary graphics are allowed in all zoning districts as follows:

a.

A property owner may place one (1) temporary graphic with a surface area no larger than three (3) square feet on the property at any time. This section does not include snipe graphics.

b.

A property owner may place a temporary graphic no larger than eight and one-half (8½) inches by eleven (11) inches in one (1) window on the property at any time.

c.

One (1) temporary graphic that is not a snipe graphic may be located on a property when:

(1)

The property owner consents, and that property is being offered for sale or lease through a licensed real estate agent.

(2)

If not offered for sale or lease through a real estate agent, when the graphic is owned by the property owner and that property is offered for sale or lease by the property owner through advertising in a local newspaper of general circulation or on an internet based real estate website.

(3)

Such temporary graphic shall be removed within seven (7) days of the consummation of the sale of the property or the execution of a lease for the property.

(4)

Such temporary graphic shall not exceed six (6) square feet in surface area on a property that is less than one (1) acre, shall not exceed thirty-two (32) square feet in surface area on a property that is one (1) acre but less than five (5) acres, and shall not exceed eighty (80) square feet in surface area on a property that is five (5) acres or more.

d.

One (1) temporary graphic with a surface area no larger than three (3) square feet may be located on the owner's property on the day prior to and on a day when the property owner is opening the property to the public; provided, however, the owner may not use this type of graphic in a residential district more than three (3) times in a year for no more than four (4) consecutive days each and may not use this type of graphic in any nonresidential zoning district for more than fourteen (14) days in a year and the days must be consecutive. For the purposes of this section, a year shall consist of a calendar year. This section does not authorize snipe signs.

e.

One (1) temporary graphic that is not a snipe graphic may be located on a property when:

(1)

The property owner consents, and a building permit has been issued for the property and active construction is taking place on the property.

(2)

Such temporary graphic shall be removed upon the earlier of the issuance of an occupancy permit, temporary or otherwise, for the property or twelve (12) months from the date the building permit was issued. For construction that does not result in the issuance of an occupancy permit, the temporary graphic shall be removed upon the earlier of the completion of inspections by the city or twelve (12) months from the date the building permit was issued.

(3)

Such temporary graphic shall not exceed six (6) square feet in surface area on a property that is less than one (1) acre, shall not exceed thirty-two (32) square feet in surface area on a property that is one (1) acre but less than five (5) acres, and shall not exceed eighty (80) square feet in surface area on a property that is five (5) acres or more.

f.

For the purposes of this subsection H, the lessee of a property is considered the property owner as to the property the lessee holds a right to use exclusive of others (or the sole right to occupy). The terms of a lease or other agreement under which the property is occupied controls in determining whether the property is occupied exclusively by a lessee. If there are multiple lessees of a property, then each lessee must have the same rights and duties as the property owner as to the property the lessee leases and has the sole right to occupy and the size of the property must be deemed to be the property that the lessee has the sole right to occupy under the lease.

g.

A property owner may not accept a fee for posting or maintaining a temporary graphic allowed under this subsection H1 and any graphic that is posted or maintained in violation of this provision is prohibited.

h.

In the zoning districts listed within section 19.07.300B and C or on any property used for nontransient residential uses, commercial graphics are prohibited.

2.

Temporary graphics are also allowed only in those zoning districts listed within section 19.07.300D, E, and F, as follows:

a.

Allowed when. Temporary graphics allowed under this subsection H2 shall be limited to only those principle uses [SR] with a valid certificate of occupancy (which includes certificates of re-occupancy and temporary certificates of occupancy) or those uses established as a temporary use in accordance with section 19.90.015.

b.

Maximum size. No temporary graphic shall exceed thirty-two (32) square feet in surface area or ten (10) linear feet in height. The number and surface area of temporary graphics shall not limit the number or surface area of other allowable street graphics on a zoning lot [SR].

c.

Type. Temporary graphics shall be constructed of weatherproof materials either erected as a ground graphic or attached to a building [SR] or fence or wall [SR] in the manner of a wall graphic. No temporary graphic shall include pennants or portable graphics.

d.

Maximum number.

(1)

No more than one (1) temporary graphic shall be allowed upon a zoning lot [SR] at any time.

(2)

On a zoning lot [SR] containing three (3) or fewer principal uses [SR] which have received a certificate of occupancy, the total number of temporary graphics displayed during a calendar year, including those for temporary uses [SR], shall not exceed six (6).

(3)

On a zoning lot [SR] containing four (4) or more principal uses [SR] which have received a certificate of occupancy, the total number of temporary graphics displayed during a calendar year, including those for temporary uses [SR], shall not exceed twelve (12).

(4)

On a zoning lot [SR] containing more than one (1) principal use [SR] which has received a certificate of occupancy, no one (1) principal use [SR] shall display more than four (4) temporary graphics during a calendar year.

e.

Duration of display for uses with a certificate of occupancy. A principal use [SR] which has received a certificate of occupancy may display a temporary graphic for not more than fifteen (15) consecutive days.

f.

Duration of display for uses established as a temporary use. A temporary use [SR] established in accordance with section 19.90.015 may display a temporary graphic seven (7) days in advance of, and on every day during the operation of, the temporary use [SR]. For an intermittent temporary use [SR] on a zoning lot [SR] containing no other permanent street graphics, the temporary graphic may also be displayed on all days during the approved fixed period of time, even though the intermittent temporary use may not actually be operating or otherwise open or available to the general public.

g.

Location. A temporary graphic shall only be located upon the zoning lot on which the principal use [SR] or temporary use is established.

h.

Permit and sticker requirements.

(1)

A permit for a temporary graphic shall state the start and end display dates for the graphic, and the permit may be valid for more than one (1) such display period. Once issued, that permit may only be amended in the same manner as the issuance of a new permit, including the payment of a new permit fee.

(2)

All temporary graphics shall conspicuously display an approval sticker issued by the city which includes the permit number and authorized display dates.

(3)

Temporary graphics are also allowed only in those zoning districts listed within section 19.07.300D, E, and F whereby one (1) temporary sign per one-quarter (¼) acre of land may be located on the owner's property for a period of sixty (60) days prior to an election involving candidates for a federal, state or local office that represents the district in which the property is located or involves an issue on the ballot of an election within the district where the property is located per issue and per candidate. Where the size of the property is smaller than one-quarter (¼) acre, these temporary graphics may be posted on the property for each principal building [SR] lawfully existing on this property. This section does not authorize snipe signs. Such temporary graphics shall not exceed thirty-two (32) square feet in surface area or exceed ten (10) feet in height.

I.

Electronic changeable copy graphic. An electronic changeable copy graphic may be located only in compliance with the provisions of this section and the other provisions of this chapter.

1.

Type. All electronic changeable copy graphics shall be part of a monument graphic.

2.

Zoning district districts and maximum number. Electronic changeable copy graphics shall be allowed only in the CF Community Facility District, the RB Residential Business District on a zoning lot [SR] containing four (4) or more acres, the NB Neighborhood Business District, the AB Area Business District, the ORI Office Research Industrial District, CC2 Center City District, the GI General Industrial District and the CI Commercial Industrial District, as well as the like planned development districts.

3.

Maximum size. The maximum size of the total electronic display panel of an electronic changeable copy graphic shall be the lesser of:

a.

No more than fifty (50) percent of the total allowable maximum surface area for the monument graphic in which the electronic display area is to be located;

b.

Forty (40) square feet for a monument graphic; or

c.

One hundred (100) square feet for a shopping center identification monument graphic.

Said panel is not limited to, a specific height or length, except that one (1) measure cannot be less than twenty-five (25) percent of the other measure.

4.

Location. No electronic changeable copy graphic shall be located within a street yard adjoining a local street, or a collector street, where the property located directly opposite the public right-of-way is located within a residence district or residence conservation district identified within section 19.07.300B and C, respectively.

5.

Restrictions. An electronic changeable copy graphic shall be operated in compliance with the following standards:

a.

Electronic changeable copy graphics shall display static messages only with no animation, effects simulating animation or video. No continuous traveling, scrolling, flashing, spinning, revolving, or shaking, or any other type of movement or motion of an image shall be allowed.

b.

The rate of change for any image shall be a minimum of ten (10) seconds, i.e., each image displayed shall be displayed for a minimum period of ten (10) seconds.

c.

Any message change sequence shall be accomplished immediately with no transition by changing from one (1) screen to another by means of fade, dissolve, roll, or other like transitional feature.

d.

Maximum brightness levels for electronic changeable copy graphics shall not exceed five thousand (5,000) nits when measured from the sign's face at its maximum brightness, during daylight hours, and five hundred (500) nits when measured from the sign's face at its maximum brightness between dusk and dawn, i.e., the time of day between sunrise and sunset. Electronic changeable copy graphics shall include a fully operational light sensor that automatically adjusts the intensity of the graphic according to the amount of ambient light.

e.

Be designed to either freeze a display in one (1) static position, display a black screen, or turn off in the event of a malfunction.

f.

An electronic changeable copy graphic shall not be operated, in whole or in part, as an off-premises street graphic.

g.

All freestanding graphics upon the associated zoning lot, including directional graphics, shall be in compliance with all applicable requirements of this chapter and other applicable requirements of law unless those requirements have been previously varied by city council approval of a planned development or an area of special character. The monument graphic in which the electronic display area is to be located shall include a masonry base.

6.

Limited to conforming graphics. An electronic changeable copy graphic may be located only as part of a monument graphic which is in compliance with all applicable requirements of this chapter and other applicable requirements of law. No electronic changeable copy graphic may be located as part of a nonconforming street graphic or nonconforming street graphic structure.

J.

Flags. Flags are permitted in all zoning districts. There shall be a maximum of three (3) flags maintained on a zoning lot. The maximum size and height of flags shall be determined by the speed limit of the public right-of-way adjoining the yard within the zoning lot on which the flag is located in accordance with the following requirements:

1.

Speed limit of thirty (30) mph or less. A flag shall not exceed twenty-five (25) feet in surface area or twenty (20) linear feet in height.

2.

Speed limit of thirty-five (35) mph to fifty (50) mph. A flag shall not exceed sixty (60) square feet in surface area or forty (40) linear feet in height.

3.

Speed limit of fifty-five (55) mph or greater. A flag shall not exceed one hundred (100) square feet in surface area or fifty (50) linear feet in height.

K.

Building marker graphic. Building marker graphics are allowed in all zoning districts. A building marker graphic shall be cut into a masonry surface or made of bronze or other permanent material. There shall be a maximum of one (1) building marker permitted for each principal building [SR] on a zoning lot. No building marker shall exceed four (4) square feet.

L.

Vehicle graphics. Vehicle graphics, either permanently or temporary, shall be posted only on vehicles that are licensed, insured and operational. A vehicle graphic shall not be used for the primary purpose of being parked at a location to attract attention to the vehicle graphic.

M.

Mural. Murals may be located only in compliance with the provisions of this section and the other provisions of this chapter.

1.

Murals shall be allowed only in the CC1 Center City District, CC2 Center City District, as well as the like planned development districts.

2.

Murals shall not be placed on a building which is used exclusively for a residential principal use, shall not extend more than six (6) inches from the plane of the wall upon which it is painted or to which it is affixed, and shall not extend above the top of the wall upon which it is painted or to which it is affixed.

3.

Murals shall not cover or interrupt major architectural features, such as doors, exits, and windows.

4.

Murals shall contain less than three (3) percent text.

5.

Murals are limited to one (1) wall per building or one (1) side of a structure, and no more than one (1) mural per zoning lot [SR].

6.

The property owner shall not be compensated for the display of the mural or the right to place the mural on a site.

(Ord. No. G30-25, § 2, 6-25-2025; Ord. No. G36-20, § 2, 2020; Ord. No. G62-19, § 1, 2019; Ord. No. G16-19, 2019; Ord. No. G24-17, 2017; Ord. No. G8-14, 2014; Ord. No. G9-13, 2013; Ord. No. G44-12, 2012; Ord. No. G38-12, 2012; Ord. No. G34-10, 2010; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.090)

A program for graphics may be established to provide an opportunity for unique signage that may not conform to all of the provisions of the other sections of this chapter. The city council shall have the authority to pass an ordinance granting a program for graphics, subject to the provisions of this section. A program for graphics shall be subject to the provisions of chapter 19.65 and to the provisions of this section.

A.

Standards. The granting of a program for graphics shall be contingent on the extent to which affirmative findings are made with respect to each of the following standards:

1.

Departure from requirements. No allowable departure from the requirements of this chapter shall be granted unless it has been found that the requested departures are mitigated through an equivalent and more restrictive application of other regulations of this title or chapter. The standards for conditional uses listed in section 19.65.030 need not be considered.

2.

Site characteristics. The suitability of the subject property for the program for graphics with respect to its size, shape and any existing improvements.

3.

Surrounding land use and zoning. The suitability of the subject property for the program for graphics with respect to consistency and compatibility with surrounding land use and zoning.

4.

Architectural style. Each graphic shall be designed to relate to the architectural style of the main building or buildings upon the site, and to the extent not inconsistent with such style, to existing improvements upon lots adjacent to the site, provided that graphics located on any isolated commercial site containing a gross floor area of less than ten thousand (10,000) square feet within one (1) or more buildings and located within a predominantly residential area shall be compatible with the residential character of such area and consistent with other graphic types permitted in residential districts.

5.

Relationship to buildings. Consistent with the architectural style, each graphic shall be designed to incorporate at least one (1) of the predominantly visual horizontal and vertical elements of the main buildings on the site, such as the type of construction material, color, or other design details; and any graphic on a building shall have dimensions which are proportional to and visually balanced with the building facade of the side of the building upon which such graphic is located.

6.

Relationship to other graphics. Each graphic shall be well related to all other graphics on the site by the incorporation of not less than four (4) of the following seven (7) elements:

a.

Materials;

b.

Letter style of graphic copy;

c.

Color;

d.

Illumination;

e.

Method used for structural support or attachment;

f.

Technical details of graphic construction; and

g.

Shape of entire graphic and its several components.

7.

Graphic copy. The graphic copy for a graphic shall not exceed forty (40) percent of the graphic area.

8.

Graphics affixed to buildings. The area for any graphic affixed to a building shall not exceed ten (10) percent of the building facade upon which such graphic is located, except that an applicant for a program for graphics may, subject to the approval of the city council, designate one (1) or more enterprises, which collectively occupy more than fifty (50) percent of the usable floor space within the main building upon the site, as a main tenant or main tenants of the site. Each main tenant may have a graphic with an area not to exceed fifteen (15) percent of the building facade of the building side upon which such graphic is located.

9.

Graphics affixed to buildings above eave line. Any graphic located above a building facade (eave line) shall be integral with the building and also an integral design feature of the building.

10.

Graphics affixed to buildings below canopy. Any graphic located beneath a canopy, arcade, marquee or other similar building projection shall not contain more than three (3) square feet in graphic area and shall be located on a building frontage proximate to an entrance to the building in regular use by the general public.

B.

Allowable departures. Allowable departures from the other sections of this chapter which may be granted through a program for graphics may include the number of graphics, the location of graphics, graphic area, illumination and motion, or any other graphic characteristic. Allowable departures from the other sections of this chapter which may be granted through a program for graphics shall not include being granted permission for a graphic prohibited by section 19.50.110, as amended, or permission for a type of graphic not allowed in the zoning district of the property upon which a graphic is proposed to be erected, placed or maintained. Allowable departures shall also not include being granted permission for a departure of any of the requirements for an electronic changeable copy graphic provided for in section 19.50.090, as amended, or otherwise provided in this chapter, as amended.

C.

Required documentation. A program for graphics shall contain the following documentation:

1.

Site plan. A site plan showing the locations of all structures, buildings, parking lots, driveways, landscaped areas, and the location with dimensions of all existing and proposed graphics in relation to structures, buildings, property lines, and rights-of-way associated with the zoning lot. The site plan shall be drawn at a graphic engineering scale of not less than one (1) inch equals fifty (50) feet.

2.

Graphic sketch. A sketch with dimensions of all existing and proposed graphics referencing their location on the site plan and a list of all graphics specifying type, size and number.

3.

Statement of purpose and conformance. A specific written statement addressing the nature of and the reasons for the requested program for graphics and demonstrating conformance to the standards for a program for graphics.

4.

Other required documents. The required documents for a conditional use pursuant to section 19.65.040, except the statement of purpose and conformance, and the site plan.

D.

Findings required prior to approval. The planning and zoning commission shall recommend the approval or denial of a proposed program for graphics to the city council. The planning and zoning commission's recommendation shall be contained within written findings of fact which shall set forth with particularity in what respects the proposal conforms to the standards for a program for graphics.

E.

Conditions. The planning and zoning commission may recommend, and the city council may require appropriate and reasonable conditions to any approval of a program for graphics, including, but not limited to, conditions which alter graphic configurations, reduce the graphic area, relocate graphics upon the lot or buildings, or require other design modifications in order for the program for graphics to comply with the standards set forth in this section.

F.

Approval or denial standards. The city council's approval or denial of any program for graphics shall be made in accordance with the standards for the program for graphics set forth in this section and any such approval or denial shall state with particularity the reasons for such approval or denial.

G.

Conformance to plans. Subsequent to the approval of a program for graphics, no graphic shall be erected, placed, painted, or maintained, except in conformance to such plan. The program for graphics may be amended, subject to the provisions of this section.

H.

Denied. When a proposed program for graphics is not approved by the city council, the applicant may establish any street graphic on the zoning lot that is otherwise permitted by this chapter and in accordance with all applicable provisions of this chapter.

(Ord. No. G4-12, 2012; Ord. No. G34-10, 2010; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.100)

This street graphics ordinance cannot adequately regulate all street graphics in an area as diverse as the city. The unique and particular character of an area and the unique existing or proposed use thereof may present a circumstance that the street graphics ordinance cannot adequately regulate all street graphics for such an area. The city council, by ordinance, authorized by a vote of two-thirds (⅔) of all members of the city council then holding office, and following notice and hearing, may therefore designate specific locations within the city as areas of special character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulations for these areas that can vary from any of the regulations contained within this street graphics ordinance.

A.

Designated. The areas of special character within the city shall consist of the following areas:

1.

The Randall/90 Auto Mall. The property commonly known as the northwest corner of Randall Road and U.S. Interstate 90 and being legally described in the planned development ordinance for such property under ordinance G68-07.

2.

The Randall Road/I-90 area consisting of the following properties:

a.

Those portions of Randall Point Executive Center subdivision and the Randall Point Executive Center II subdivision, such property being legally described as follows:

Parcel 1:

Lots 1 through 7, inclusive, of the Randall Point Executive Center Subdivision, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded as document number 98K034512 in the office of the recorder of deeds of Kane County, Illinois; excluding, however, the following lots (and portions of Lots) within said subdivision:

That part of lot 6 and lot 7 of Randall Point Executive Center Subdivision, being a subdivision of part of the southwest ¼ of section 29 and part of the northwest ¼ of section 32, township 42 North, Range 8 East of the third principal meridian, recorded as document No. 98K034512 in Kane County, Illinois, described as follows:

Beginning at the northwest corner of said lot 6; thence south 89 degrees 17 minutes 06 seconds east along the north line of said lot 6, a distance of 214.98 feet to a line that is parallel with and 35.02 feet westerly of, as measured at right angles to, the east line of said lot 6; thence south 00 degrees 56 minutes 00 seconds west along said parallel line, 375.66 feet; thence north 89 degrees 03 minutes 54 seconds west at right angles to the last described course, 313.51 feet to the southwesterly line of said lot 7; thence north 36 degrees 25 minutes 23 seconds west along said southwesterly line, 40.00 feet; thence north 56 degrees 57 minutes 25 seconds east, 29.00 feet; thence south 89 degrees 03 minutes 54 seconds east, 79.16 feet to a line that is parallel with and 19.60 feet westerly of, as measured at right angles to, the west line of said lot 6; thence north 00 degrees 56 minutes 06 seconds east along said parallel line, at right angles to the last described course, 326.96 feet to the north line of said lot 7; thence south 89 degrees 17 minutes 06 seconds east along said north line to the point of beginning; in the City of Elgin, Kane County, Illinois.

Lot 7 of Randall Point Executive Center Subdivision, being a subdivision of part of the southwest quarter of section 29 and part of the northwest quarter of section 32, township 42 north, range 8 east of the third principal meridian, recorded as document no. 98K034512, in Kane County, Illinois, except that part described as follows: Beginning at the northeast corner of said lot 7; thence south 00 degrees 56 minutes 06 seconds west along the east line of said lot 7, a distance of 494.93 feet to the southeast corner of said lot 7; thence north 59 degrees 05 minutes 22 seconds west along the southwesterly line of said lot 7, a distance of 14.45 feet to an angle point in said southwesterly line; thence north 36 degrees 25 minutes 23 seconds west along said southwesterly line, 181.76 feet; thence north 56 degrees 57 minutes 25 seconds east, 29.00 feet; thence south 89 degrees 03 minutes 54 seconds east, 79.16 feet to a line that is parallel with and 19.60 feet westerly of, as measured at right angles to the east line of said lot 7; thence north 00 degrees 56 minutes 06 seconds east along said parallel line, at right angles to the last described course, 326.96 feet to the north line of said lot 7; thence south 89 degrees 17 minutes 06 seconds east along said north line to the point of beginning, in the City of Elgin, Kane County, Illinois.

Parcel 2:

Lots 1 through 8, inclusive, of the Randall Point Executive Center II, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded as document No. 1999K051203 in the office of the recorder of deeds of Kane County, Illinois; excluding, however, the following lots (and portions of lots) within said subdivision:

That part of lot 5 and 6 in Randall Point Executive Center II, being a subdivision of that part of the northwest quarter of section 32, township 42 north, range 8 east of the third principal meridian, according to the plat thereof recorded May 21, 1999, as document No. 1999K051203, in the City of Elgin, Kane County Illinois, described as follows. Commencing at the northeast corner of said lot 5; thence south 01 degrees 51 minutes 04 seconds west along the east line thereof 261.17 feet to the point of beginning, thence continuing south 01 degree 51 minutes 04 seconds west along said east line 717.51 feet to the southeast corner of said lot, thence north 58 degrees 15 minutes, 32 seconds west along the south line of said lot and the south line of said lot 6, a distance of 394.49 feet; thence north 01 degrees 51 minutes 04 seconds east along a line 342.02 feet west of and parallel with the east line of said lot 5, a distance of 622.91 feet thence south 51 degrees 32 minutes 41 seconds east 356.90 feet to the point of beginning, in the City of Elgin, Kane County, Illinois.

b.

The property commonly known as 1707 North Randall Road, such property being located at the southeast corner of Randall Road and I-90 and being legally described in the planned development ordinance for such property under Ordinance No. G79-05.

c.

The Randall Point West Subdivision, such property being legally described in the planned development ordinance for such property under Ordinance No. G98-07.

d.

The Grove Subdivision, such property being legally described in the planned development ordinance for such property under Ordinance No. G76-04.

e.

The Galvin Family Partnership, LP, property, commonly known as the southwest corner of Randall Road and state route 72 and being legally described as the 36.12 acres located in the north half of the east half of the southeast quarter of section 19, township 42 north, range 8 east of the third principal meridian, in Kane County, Illinois, currently identified with permanent index number 06-19-400-019.

f.

The property commonly known as 2,000 Fox Lane, such property being legally described as follows:

That part of the southwest ¼ of the northwest ¼ of section 32, township 42 north, range 8 east of the third principal meridian, described as follows:

Beginning at the southwest corner of said northeast ¼; thence north 0 degrees east along the west line of said northeast ¼ 616.24 feet to the southerly right-of-way line, as monumented, of parcel No. N-4D-58 as acquired by the state toll highway commission through proceedings filed in the Circuit Court of Kane County, Illinois as Case No. 57-449; thence south 60 degrees 07 minutes 42 seconds east along said southerly right-of-way line of the northwest toll highway 1231.41 feet to the south line of said northeast ¼; thence south 89 degrees, 50 minutes, 34 seconds west along said south line 1067.81 feet to the point of beginning, in the City of Elgin, Kane County, Illinois.

g.

The property commonly known as Capital Corporate Center, such property being legally described as follows:

Lots 1 through 8, inclusive, in Capital Corporate Center, being a subdivision of that part of the northeast quarter of section 31, township 42 north, range 8 east of the third principal meridian, according to the plat thereof recorded August 1, 2007, as Document No. 2007K080199 and certificate of correction recorded August 22, 2007, as Document No. 2007K087599, in the City of Elgin, Kane County, Illinois.

h.

The property commonly known as 2530 Mason Road, such property being legally described as follows:

Parcel one:

Lot 1 of Wedgewood Acres Unit No. 1 and that part of the west½ of the southeast ¼ of section 30, township 42 north range 8 east of the third principal meridian lying easterly of the westerly line of said lot extended northerly and southerly of the State of Illinois northwest toll highway, in the Township of Dundee, Kane County, Illinois.

Parcel two:

Lot 2 of Wedgewood Acres Unit No. 1 and that part of the west½ of the southeast¼ of section 30, township 42 north, range 8 east of the third principal meridian, lying northerly of and adjacent to said lot 2 (and lying between the easterly and westerly lines of said lot 2 extended northerly) and southerly of the southerly right-of-way line of the State of Illinois northwest toll highway, in the Township of Dundee, Kane County, Illinois.

Vacated Mason Road section:

That part of the Mason Road being in the northeast quarter of section 31, township 42 north, range 8 east of the third principal meridian, described as follows. beginning at the intersection of the north line of Mason Road with the southwesterly line of the Northwest toll road, (I 90); (also being the southeast corner of lot 1 of Wedgewood Acres Subdivision Unit No. 1, a subdivision of said northeast quarter); thence south 59 degrees 30 minutes 39 seconds east along said southeasterly line, 65.57 feet to the south line of said Mason Road, (also being the easterly extension of the north line of lot 6 of Capital Corporate Center Subdivision, a subdivision of said northeast quarter); thence north 89 degrees 40 minutes 41 seconds west along said northerly line, 411.77 feet to the northwest corner of said lot 6; thence north 62 degrees 59 minutes 15 seconds west 74.81 feet to the north line of Mason Road (also being the south line of lot 1 aforesaid); thence south 89 degrees 43 minutes 32 seconds east along said northerly line, 420.20 feet to the point of beginning, in the City of Elgin, Kane County, Illinois.

3.

The Route 19/East Chicago Street area defined as all zoning lots of four (4) acres or more, fronting on Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east, and which such zoning lots are occupied by motor vehicle dealers or Elgin High School.

4.

The Community College District 509, property commonly known as 1600 Spartan Drive and 1700 Spartan Drive, generally located south of State Route 20, north of the College Green Subdivision, west of McLean Boulevard, and east of Randall Road, and which such zoning lot is occupied by the approximately two hundred twenty-two (222) acre campus of Elgin Community College.

5.

The Elgin Sports Complex at 709 Sports Way comprising four hundred ninety-six (496) acres, more or less, located south of U.S. Highway 20, east of McLean Boulevard and west of State Street (Route 31).

6.

The Grand Victoria Casino at 250 and 255 South Grove Avenue comprising of 10.84 acres bounded by the Fox River on the west, Lake Street on the north, National Street on the south and the Union Pacific Railroad Company right-of-way on the east, that property as described in Ordinance No. G27-16.

B.

Zoning map. The development administrator shall maintain and continually revise the official zoning map to indicate the boundaries of each designated area of special character.

C.

Special regulations. The city council shall, by an ordinance authorized by a vote of two-thirds (⅔) of all members of the city council then holding office, adopt special regulations for street graphics in each area of special character, or for a portion of such an area of special character, that shall be consistent with the character of the area of special character. The street graphics regulations for each area of special character shall contain visual representations of the lettering, illumination, color, area and height of street graphics and may also indicate the areas and buildings where they may be placed and located. The special regulations may incorporate by reference the visual representation of street graphics in the street graphics plan. In the event special regulations have not been adopted for an area of special character, or for a portion of an area of special character, the regulations for street graphics otherwise contained in this chapter shall apply and shall control.

D.

Standards for designation of areas of special character and special regulations for areas of special character. An application for the designation of an area as an area of special character and special regulations for areas of special character shall follow the procedures for map and text amendments pursuant to the provisions of this section and chapter 19.55, as amended. The granting of an application for the designation of an area as an area of special character and for the approval of special regulations for street graphics within an area of special character shall be contingent upon the extent to which affirmative findings are made with respect to each of the standards for maps and text amendments set forth in section 19.55.030, as amended, and to which affirmative findings are made with respect to each of the following additional standards:

1.

Area characteristics. The unique and particular character of the area proposed to be designated as an area of special character establishes that the street graphics ordinance cannot adequately regulate street graphics for such area. Such unique and particular characteristics of the area proposed to be designated as an area of special character include the area's location, size, shape, significant natural features, including topography, watercourses and vegetation, the nature of adjoining public rights-of-way, and architectural, historic or scenic features.

2.

Use characteristics. The existing or proposed use of the area proposed to be designated as an area of special character presents specified unique challenges and demands such that the street graphics ordinance cannot adequately regulate street graphics for such use in such area.

3.

Special regulations. The proposed special regulations for the proposed area of special character are consistent with the unique character and unique use of the area of special character and departures from the street graphics ordinance, if any, are specifically limited to address the unique and particular area characteristics and use characteristics of the proposed area of special character.

E.

Effect of special regulations. Special regulations for areas of special character shall supersede and may be either more or less restrictive than the regulations for street graphics contained in this chapter.

(Ord. No. G52-24, § 1, 10-23-2024; Ord. No. G46-22, § 1, 8-10-2022; Ord. No. G58-21, § 1, 11-3-2021; Ord. No. G43-16, 2016; Ord. No. G26-16, 2016; Ord. No. G21-16, 2016; Ord. No. G47-14, 2014; Ord. No. G25-13, 2013; Ord. No. G47-10, 2010; Ord. No. G25-08, § 3, 2008; Ord. No. G69-07, § 1, 2007; Code 1976, § 19.50.105)

The following street graphics shall be prohibited in the city:

A.

Graphics that by color, location, or design resemble or conflict with traffic-control graphics or signals.

B.

Street graphics attached to light poles or standards.

C.

Portable street graphics, except for temporary graphics authorized in this chapter.

D.

A-frame graphics, except within the CC1 Center City District or CC2 Center City District Zoning Districts.

E.

Projecting graphics, except within the CC1 Center City District, CC2 Center City District, NB Neighborhood Business District or AB Area Business District Zoning Districts.

F.

Roof graphics, except when designed in conjunction with an architectural detail and approved by city council as part of a planned development or as part of a development plan required by a planned development, and except integral roof graphics. Authorized roof graphics designed in conjunction with an architectural detail shall not count toward the allowable number and surface area of other wall graphics.

G.

Off-premises graphics.

H.

Vehicle graphics on unlicensed, uninsured or inoperable vehicles.

I.

Any graphics that rotate, revolve, or have any visible moving part. Any graphic that gives the appearance of movement.

J.

Flashing graphics.

K.

Graphics that move mechanically. Mechanical changeable copy is permitted if the graphic change is no more than once every twenty-four (24) hours.

L.

Bare bulb illumination.

M.

Attention-getting devices, including searchlights, festoon lighting, pennants, banners, spinners, streamers, balloons, inflatable graphics and other similar devices, or ornamentation designed for the purposes of attracting attention or promotion, except as otherwise expressly permitted in this chapter.

N.

Any structure that constitutes a hazard to public health or safety under the provisions of this Code.

O.

Painted wall graphics, but not including murals.

P.

Pole graphics.

Q.

Electronic video display graphics.

R.

Street graphics erected on the right-of-way of any public or private street, road or right-of-way, except street graphics required by federal, state or local law to be erected by a governmental agency.

S.

Neon tube lighting or light emitting diode (LED) lighting outlining or illuminating the features of a building [SR] or structure [SR], including, but not limited to, windows, but excluding sign bands when approved by city council as part of a planned development or as part of a development plan required by a planned development.

T.

Obsolete copy. Notwithstanding the nonconforming provisions of this chapter, all obsolete copy shall be chapter, all obsolete copy shall be removed within thirty (30) days of the discontinuance of the activity which is the subject of said copy. Compliance with the requirement to remove obsolete copy is not satisfied by reversing (i.e., turning such copy so that it faces inward), rotating, altering, covering, or otherwise hiding or obfuscating such copy. In the case of obsolete copy upon panels within a street graphic frame, such panels shall be removed and replaced with a blank panel or panel with lawful copy. Similarly, no street graphic frame shall remain unfilled or allow any internal part or element of the street graphic structure to be visible, rather such frames shall contain a blank panel or panel with lawful copy. Notwithstanding the requirement in this section to remove obsolete copy, the development administrator upon written application from the property owner may authorize obsolete copy to remain on a street graphic located on a property within the CC1 or CC2 Center City Zoning Districts, or on a property within a designated historic district or upon a designated historic landmark, upon a written finding by the development administrator that the obsolete copy conforms to at least one (1) of the guidelines for retaining historic signs listed within the most recent version of Preservation Brief No. 25, The Preservation of Historic Signs issued by the National Parks Service, U.S. Department of the Interior.

U.

Snipe graphics.

(Ord. No. G16-19, 2019; Ord. No. G24-17, 2017; Code 1976, § 19.50.110)

A.

The following graphics shall be exempt from the regulations of this chapter:

1.

Street graphics required by law.

2.

Government graphics.

3.

A street graphic that cannot be viewed from a public right-of-way.

4.

A street graphic carried by a person.

5.

Street graphics owned by a governmental unit and located in a public right-of-way.

6.

Temporary outdoor graphics on residential property which municipalities may not prohibit the display of pursuant to section 11-13-1(12) of the Illinois Municipal Code (65 ILCS 5/11-13-1(12)); provided, however, such graphics shall not exceed thirty-two (32) square feet in surface area or ten (10) feet in height.

B.

The number and surface area of any street graphic designated as exempt within this section shall not limit the number or surface area of other allowable street graphics on a zoning lot. Except as otherwise provided in this section, any street graphic designated as exempt within this section shall be allowed in any zoning district.

(Ord. No. G24-17, 2017; Code 1976, § 19.50.120)

Variations from the regulations of this chapter may be granted only in conformance to the provisions of chapter 19.70, only in conformance to the following additional standards, and only in the following instances and no others:

A.

Additional standards. In addition to the standards provided in section 19.70.030, the granting of a graphic variation shall be contingent on the extent to which affirmative findings are made with respect to one (1) or more of the following standards:

1.

Physical surroundings. The variation should be based on the existence of unique physical surroundings, shape or topographical conditions of the zoning lot [SR] involved, which bring a particular hardship on the owner;

2.

Reasonable alternative. The variation should be based on there being no other reasonable alternative, which would conform to the provisions of this chapter; or

3.

Historic district. The variation should be based on compatibility with the significant architectural features of a designated landmark or property located within a designated historic district pursuant to the provisions of title 20.

B.

Authorized graphic variations.

1.

Surface area. To permit an increase in the maximum graphic surface area in an amount not to exceed twenty (20) percent of the allowable maximum. Where a building is located on a corner out lot within a shopping center and the adjacent streets are limited access arterial streets [SR] or arterial streets [SR], the city council may approve a departure greater than twenty (20) percent of the maximum graphic surface area as part of a planned development or as part of a development plan required by a planned development.

2.

Height. To permit an increase in the maximum height of a freestanding graphic in an amount not to exceed twenty (20) percent of the allowable maximum.

3.

Number. To permit an increase in the allowable number of wall graphics by two (2) where a building has more than two (2) primary building faces with limited access arterial street [SR] or arterial street [SR] frontage. These departures may only be approved by city council as part of a planned development or as part of a development plan required by a planned development.

4.

Other graphic characteristics. To permit a departure from the requirements regulating other graphic characteristics including location on the zoning lot. Notwithstanding the foregoing, allowable departures from the requirements regulating other graphic characteristics pursuant to a variation or pursuant to a planned development shall not include being granted permission for a graphic prohibited by section 19.50.110, as amended; being granted permission for a type of graphic not otherwise allowed in the zoning district of the property upon which a graphic is proposed to be erected, placed or maintained; or being granted a departure of any of the requirements for an electronic changeable copy graphic provided for in subsection 19.50.090, as amended, or otherwise provided in this chapter, as amended.

C.

Minimum setback for monument graphics. For monument graphics which exceed the maximum allowable surface area as a result of an authorized variation the minimum setback for such a monument graphic from a public right-of-way shall be one (1) linear foot for each ten (10) square feet of graphic surface area which exceeds the maximum allowable surface area.

(Ord. No. G44-12, 2012; Ord. No. G34-10, 2010; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.130)

A.

Change and modification. A nonconforming street graphic or street graphic structure shall be brought into conformity with this chapter if it is altered, reconstructed, replaced, or relocated. A change in copy is not an alteration or replacement for the purposes of this subsection.

B.

Maintenance. Nonconforming street graphics must be maintained in good condition in accordance with title 16. Maintenance required by this subsection shall include replacing or repairing of worn or damaged parts of a street graphic or street graphic structure in order to return it to its original state and is not a change or modification prohibited by subsection A of this section.

C.

Removal. Removal of a nonconforming street graphic or replacement of a nonconforming street graphic with a conforming street graphic is required when:

1.

A nonconforming street graphic, or a substantial part of a nonconforming street graphic, is blown down, destroyed, or for any reason or by any means taken down, altered, or removed. As used in this subsection, substantial means fifty (50) percent or more of the entire street graphic structure;

2.

The condition of the nonconforming street graphic or nonconforming street graphic structure has deteriorated and the cost of restoration of the street graphic to its condition immediately prior to such deterioration exceeds fifty (50) percent of the value of the street graphic or street graphic structure prior to its deterioration;

3.

The use of the nonconforming street graphic, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of three hundred sixty-five (365) consecutive days or more, there shall exist a rebuttable presumption that the nonconforming street graphic was intended to be abandoned and the nonconforming street graphic shall be discontinued; or

4.

The person displaying the designated nonconforming street graphic, hereinafter defined, has failed to apply for the certificate of nonconforming street graphic as required by this chapter.

D.

Street graphic permit. Any permit issued for a street graphic under this chapter shall require that any nonconforming street graphic displayed on the premises for which the permit is issued shall be modified or removed to conform to the provisions of this chapter.

E.

Development permit. Any development permit that authorizes the development of a premises, any building addition, an increase in gross floor area of twenty-five (25) percent or more, or any exterior structural remodeling of a building facade on which a nonconforming street graphic is located, shall require all nonconforming street graphics on the premises for which the development permit is issued to be brought into conformity with the provisions of this chapter.

F.

Separation. No street graphic that is nonconforming solely because it violates a requirement for the spacing of ground graphics shall be required to eliminate that nonconformity if compliance with the spacing regulation on the premises is not possible.

G.

Electronic changeable copy graphics and electronic video display graphics. In addition to the other regulations regarding nonconforming street graphics provided for in this chapter, nonconforming electronic changeable copy graphics and electronic video display graphics shall comply with the following additional standards:

1.

Electronic changeable copy graphics and electronic video display graphics shall display static text messages only with no animation, effects simulating animation or video. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an image shall be allowed.

2.

The rate of change for any image shall be for a minimum period of ten (10) seconds, i.e., each image displayed shall be displayed for a minimum period of ten (10) seconds.

3.

Any message change sequence shall be accomplished immediately with no transition by changing from one (1) screen to another by means of fade or dissolve mode.

4.

Maximum brightness levels for electronic changeable copy graphics and electronic graphic display graphics which have existing programming capabilities in order to comply shall not exceed five thousand (5,000) nits when measured from the sign's face at its maximum brightness, during daylight hours, and five hundred (500) nits when measured from the sign's face at maximum brightness between dusk and dawn, i.e., the time of day between sunrise and sunset.

(Ord. No. G34-10, 2010; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.140)

(Ord. No. G24-17, 2017; Code 1976, § 19.50.150)

A.

Permit required. No person shall erect or display a street graphic unless the development administrator has issued a permit for the street graphic, or unless this section exempts the street graphic from the permit requirement.

B.

Application. A person proposing to erect or display a street graphic shall file an application for a permit with the development administrator. The application shall contain the following:

1.

The name, address, and telephone number of the graphic contractor and the owner and occupant of the premises where the street graphic is to be erected or displayed; the date on which it is to be erected or displayed; the zoning district and the area of special character, if any, in which it is located; and any variance that has been approved.

2.

A drawing to scale that shows:

a.

All existing street graphics displayed on the premises;

b.

The location, height, and size of any proposed street graphics.

3.

This information is not required if a program for graphics has been approved for the premises or occupancy on which the street graphic will be erected or displayed if the approved program for graphics is attached to the application.

4.

Specifications for the construction or display of the street graphic and for its illumination and mechanical movement, if any, are to be provided.

C.

Review and time limits. The development administrator shall promptly review the application upon the receipt of a completed permit application and upon payment of the permit fee by the applicant. The development administrator shall notify the applicant within ten (10) days from the receipt of the application and permit fee of any deficiencies in the application. The development administrator shall grant or deny the permit application within twenty (20) days from the date the completed application and permit fee was filed with the development administrator. If the development administrator fails to grant or deny the permit application within the prescribed time period, the permit application shall be deemed denied.

D.

Approval or denial. The development administrator shall approve a permit for the street graphic if it complies with the building, electrical or other adopted codes of the city and with:

1.

The regulations for street graphics contained in this chapter and any variance that has been granted from these regulations;

2.

Any special regulations that have been adopted for an area of special character; and

3.

Any program for graphics that has been approved under this chapter. If the development administrator does not approve a permit for the street graphic, the development administrator shall state the reasons for the denial in writing and shall mail a certified copy of the reasons for denial to the address of the applicant stated on the application.

E.

Appeals. Any applicant who is denied a permit for the display of a street graphic may file a written appeal to the city manager within ten (10) days after receipt of the written copy of the denial by certified mail. If the development administrator fails to grant or deny the permit application within twenty (20) days from the date of the completed application and permit fee was filed and the permit application is therefore deemed denied pursuant to subsection C of this section, any applicant who is denied a permit under such circumstances may file a written appeal to the city manager within thirty (30) days from the date the completed permit application and permit fee was filed with the development administrator. The city manager shall grant or deny the appeal within twenty (20) days from the date the appeal was received by the city manager. The city manager's decision to grant or deny an appeal shall be made in accordance with the criteria set forth in subsection D of this section. If the city manager fails to grant or deny an appeal within twenty (20) days from the date the appeal was received, the appeal shall be deemed denied.

F.

Fees. The fees for permit applications are as set forth in chapter 16.48.

G.

Exemptions. The following street graphics are exempt from the permit requirement:

1.

A street graphic exempted from the provisions of this chapter.

2.

A temporary window graphic.

3.

Flags.

4.

Building marker graphics.

5.

Temporary graphics allowed under section 19.50.090H1 and 3.

6.

Vehicle graphics.

(Ord. No. G24-17, 2017; Ord. No. G87-05, § 1, 2005; Code 1976, § 19.50.160)

Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including, but not limited to, any ordinance provisions providing for a program for graphics or any ordinance provisions providing special regulations for street graphics in an area of special character, shall be guilty of an offense. The development administrator is authorized and directed to enforce all of the provisions of this chapter.

(Ord. No. G25-08, § 7, 2008; Code 1976, § 19.50.170)