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Enid City Zoning Code

CHAPTER 13

SIGN REGULATIONS

§ 11-13-1 PURPOSE AND OBJECTIVES.

   (A)   Purpose. Standards are herein provided for the purpose of extending land use regulations to the erection, construction, placement, replacement, display, location and maintenance of signs and outdoor advertising media.
   (B)   Objectives. The objectives of this chapter are:
      (1)   To enhance the aesthetic quality of life for the citizens of the City by promoting the reasonable, orderly and effective display of signs;
      (2)   To prohibit signs which create blight on the community, reducing the value and desirability of surrounding property, inhibiting economic development by creating a negative visual image of the City;
      (3)   To preserve and protect private and public property values and civic beauty and prohibit signs which detract from this objective due to excessive size, height, number or visual impact, or undesirable location, maintenance, mobility, spacing or illumination;
      (4)   To establish standards which will permit businesses a reasonable and equitable opportunity to advertise, but which will avoid excessive competition and clutter among sign displays;
      (5)   To increase the safety of the drivers and pedestrians by ensuring commercial signs do not compete with official traffic signs for their attention;
      (6)   To protect the general public from damage and injury which may be caused by the faulty and uncontrolled construction and use of signs within the City;
      (7)   To provide for special regulations in areas which by nature or location are unique to other areas of the City;
      (8)   To promote the general welfare of the City and its citizens by preserving the cultural and business significance and architecture of Downtown Enid by strengthening its visual identity and encouraging a central and unique environment for marketing purposes;
      (9)   To provide for the preservation and enhancement of the Historic Preservation District and to further the preservation and enhancement of historic places;
      (10)   To provide for an equitable mechanism whereby those signs which are nonconforming to this chapter can be removed;
      (11)   To prohibit additional billboards within the corporate limits of the City but allow for the upgrading of existing billboards with new technology; and
      (12)   To promote and maintain the visual attractiveness of the City while encouraging economic growth.
(Prior Code, § 11-13-1) (Ord. 2019-02, passed 3-5-2019; Ord. 2022-08, passed 4-5-2022)

§ 11-13-2 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   A-FRAME SIGN. A sign which is in the shape of an “A” or variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two-sided.
   ABANDONED SIGN. A sign which identifies an establishment, goods or services which are no longer provided on the premises as advertised, or identifies a time, event or purpose which has passed or no longer applies, or is vacant of copy for a period of time as specified herein.
   ADDRESS AND/OR NAMEPLATE SIGN. A sign identifying the City assigned address number and/or name of the business or residential occupant.
   ADVERTISING. Commercial messages on signs which does not include noncommercial messages.
   ANIMATED OR MOVING SIGN. Any sign or part of a sign which changes physical position by any movement or rotation.
   AUTOMATIC OR CHANGING SIGN. An electronically or electrically controlled sign, which automatically changes the visible message copy on a preprogrammed cycle through the use of illumination.
   AWNING OR CANOPY SIGN. A sign that is mounted or painted on, or attached to, an awning or canopy such that the sign does not project above, below or beyond the awning or canopy. See definition of “wall sign”.
   BALLOON SIGN. A temporary sign that consists of a nonporous bag, of a variety of shapes and sizes, or envelope filled with heated air, a gas lighter than air or air under pressure.
   BANNER SIGN. A temporary sign printed or displayed on cloth or other flexible material, with or without frames.
   BILLBOARD. An off premises object, device, display, sign or structure, or part thereof, displayed outdoors or visible from a public right-of-way, which is used to advertise, identify, display, direct or attract attention to any message, idea, object, institution, business, organization, event, person, place, commodity, product, service or entertainment conducted, sold, located, manufactured, used or offered at a location other than the premises on which the sign is located.
   BULLETIN BOARD SIGN. A sign that indicates the name of the entity on whose premises it is located and which may contain the names of individuals connected with it and general announcements of events or activities occurring at the institution, or similar messages.
   CHANGEABLE COPY SIGN; READER BOARD. A freestanding sign or integral part thereof, consisting of nonstructural panels or individual message elements such as letters, numbers or symbols, which are designed and intended for manual replacement or alteration after the sign is erected.
   CONSTRUCTION SIGN. A temporary sign identifying a construction project erected on the premises where construction is taking place, only during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors or similar artisans, and the owners, lending institutions and other parties having a role or interest in the structure or project.
   DECORATION. Illustration, symbol, flag, streamer, bunting, wreath, figure, insignia or other devices employed to express and illustrate a message of patriotic holiday or seasonal character.
   DIRECTIONAL SIGN. A sign that directs the movement or placement of pedestrian or vehicular traffic on the premises where the sign is located.
   DISPLAY SURFACE. The surface of the sign upon, against or through which the message is displayed or illustrated.
   DOUBLE FACED SIGN. Any sign with more than one display surface where only one side is visible from any one direction. With DOUBLE FACED SIGNS, the full sign is counted as a single sign, instead of the individual faces of the sign being counted as separate signs.
   ELECTRONIC MESSAGE CENTER (EMC). An on premises sign that displays words, symbols, figures or images that can be electronically changed by remote or automatic means.
   ERECT. To construct or allow to be constructed.
   EVENT SIGNS. A sign displayed for the sole purpose of drawing attention to an upcoming event or celebration. Some examples are streetlight banners, banners, streamers and the like. Signs for special events regulated by Title 1, Chapter 15 are not regulated under this title.
   FEATHER FLAG. A sign with or without characters, letters, illustrations or ornamentations applied to cloth, paper, flexible plastic or fabric of any kind with only such material for backing. FEATHER FLAGS are generally a single sign attached to a support post and typically having a dimensional ratio of four high to one wide. This definition also applies to teardrop flags, wind feather flags, bow flags and other similar type signs.
   FLASHING SIGN. An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in light intensity and color at all times when in use.
   FOOT-CANDLE. The illuminance on a one square foot surface from a uniform source of light.
   FREESTANDING SIGN. An accessory sign principally supported by a structure affixed to the ground, and not supported by a building. FREESTANDING SIGNS include signs supported by one or more columns, poles or braces placed in or upon the ground and may not exceed 35 feet in height. This sign is intended to identify an aggregate use of property or its primary use. When multiple signs are attached to a FREESTANDING SIGN, all the signs will be considered a single sign for permitting purposes.
   FRONTAGE. Any boundary line of a lot or parcel of land that coincides with the right-of-way of the street.
   GAS ISLAND SIGN. A sign printed on paper, board or similar material and placed on a pole or pump within a gas station island.
   GLARING SIGNS. Any sign employing direct, indirect, internal, flashing or other illumination with light sources or reflectivity of such brightness that constitutes a hazard to ground or air traffic or a nuisance.
   HANGING SIGNS. Any sign which is suspended from a building or from a canopy, awning or other similar structure, over a designated pedestrian-way, and is perpendicular to the building. The primary purpose of HANGING SIGNS is to assist pedestrians in wayfinding and identification of businesses in a manner that is true to the age of the Downtown Overlay District.
   IDENTIFICATION NAMEPLATE. A wall sign giving any combination of the name and recognized symbol or logo of a building, business or establishment which is attached to, and flat against, the wall of a building.
   ILLEGAL SIGN. Any sign erected or altered after the effective date of this chapter not complying with the provisions thereof unless said provision was expressly granted by a variance.
   ILLUMINATED SIGN. Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes, whether such sources of illumination are a part of a sign or not.
   ILLUMINATION, DIRECT; INTERNAL ILLUMINATION. A light from a source concealed or contained within the sign, and which becomes visible through a translucent surface.
   ILLUMINATION, INDIRECT LIGHTING. Illumination which is performed by spotlights or other lighting devices and which is not a part of the sign proper. This definition includes those lighting devices which are extended from the sign proper by means of a rod from which the illumination is directed toward the display surface of the sign.
   MARQUEE SIGN. Any sign attached to, and made a part of, a marquee. A MARQUEE is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along, and projecting beyond, the building’s wall and generally designed and constructed to provide protection against the weather.
   MEMORIAL SIGN. A sign, tablet or plaque commemorating a person, event, structure or site.
   MODULE SIGN. A wall sign other than an identification sign or identification nameplate, which is formed of individual modules, which spell out the name or nature of a business or the occupant of the premises.
   MOVING SIGN. A sign, all or part of which is animated, revolves, swings or is otherwise designed to move by mechanical means or by the force of the wind.
   NIT. A brightness measurement of light whose standard is the amount of light that one candle gives off in a square meter of area. The NIT is a unit of measurement that is used for light given off in digital displays such as computer screens, video games, electronic signs and other visual appliances.
   NONCOMBUSTIBLE. Any material which does not ignite below 1,200°F or disintegrate, melt or give off toxic odor or fumes.
   NONCONFORMING SIGN. A sign which was lawfully erected, altered, moved or maintained under previous ordinances of the City but does not conform to the provisions of this chapter.
   OFF PREMISES SIGN. Any sign, other than a billboard, which directs attention to a business, establishment, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such a sign is displayed.
   OWNER. The fee owner of a sign, the lessee of the sign, the fee holder of the property upon which the sign is located, the leaseholder of such property or the individual, person or business who has purchased the copy on a sign, or whose name appears on the sign.
   PALLET SIGN. A sign that consists of a portable platform used for storing or stacking products, with or without a message attached thereto.
   PARAPET. Either the edge of the roof or the top of a wall, which forms the top line of the building silhouette.
   PARCEL OF LAND. For the purpose of calculating street frontage, a parcel of unplatted real estate or a platted lot. Where one lot fully encompasses a building, only that lot will be used to calculate street frontage, even if adjacent lots are owned by the same person or entity. Where a building or attached structure permanently encroaches on a second lot, the lots will be combined to determine the street frontage.
   PERMANENT SIGN. A sign which, by its physical nature, is designed for and suitable for display longer than 90 days; the term includes all signs which qualify as a “structure” in the Building Code.
   POLITICAL SIGN. A temporary sign announcing or supporting political candidates or issues in connection with any national, state, county or local election.
   PORTABLE SIGN. A sign designed to be removable from one location to another and not permanently attached to the ground or to any immobile structure, the primary function of which is to provide advertisement of products or services in connection with a business or activity located on the site of the portable sign, or elsewhere. PORTABLE SIGNS may or may not be lighted internally, and may or may not be mounted on a chassis with tires or wheels for transport from one place to another on a trailer or other wheeled devices. A-frames; menu and sandwich board signs; and balloons used as signs are other examples of PORTABLE SIGNS.
   POSTER SIGN. A temporary sign printed on paper, cardboard or similar material which is generally displayed in windows or attached to buildings, or staked in the ground.
   PROJECTING SIGN. A sign, other than a banner, which is attached to, and is wholly or partially dependent upon, a building for support and which projects perpendicular to the wall or surface of the building.
   PUBLIC USE SIGN or PUBLIC SERVICE SIGN. A sign of a governmental nature including public transit and public utility information, traffic control and any other sign erected by a public officer in the performance of a public duty.
   REAL ESTATE SIGN. A temporary sign pertaining to the sale, rental or lease of the lot or tract of land on which the sign is located, or to the sale, rental or lease of one or more structures.
   ROOF SIGN. A sign which is erected, constructed and maintained upon the roof of any building, whose height does not exceed the crest of the roofline, and is principally supported by the roof’s structure.
   SETBACK. Where a setback is required or provided for any sign, it shall be measured horizontally from, and perpendicular to, the right-of-way line of a street, or property line, to the nearest edge of the sign.
   SIGHT TRIANGLE. An area which is clear of all structures or other sight impediments formed by measuring back an equal distance along two intersecting curb lines and connecting said points to form a triangle.
   SIGN. Any object, device, display or structure or part thereof situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. The term SIGN includes, but is not limited to, every projecting sign, ground sign, pole sign, window sign, vehicle sign, awning, canopy, marquee, changeable copy sign, illuminated sign, flashing sign, animated sign, temporary sign, portable sign, pennant, banner or streamer.
   SIGN AREA; AREA OF A SIGN; SIGNAGE. The entire area within a single continuous perimeter of not more than eight straight lines enclosing the extreme limits or writing, representation, emblem, icon, logo or any figure of similar character, together with any material or color forming an integral part of background of the display or used to differentiate such sign from the backdrop or structure against which it is placed. In computing the AREA OF A SIGN, standard mathematical formulas for common geometric shapes (triangle, parallelogram, circle and ellipse or combinations thereof) shall be used.
   SIGN CONTRACTOR. Any person, firm or corporation involved in the installation, repair, alteration and service of any electric sign, and all permanent signs involving structural requirements of the Building Code and/or electrical requirements of the Electrical Code.
   SIGN COPY. The letters, numbers, symbols or geometric shapes on a sign face either in permanent or changeable form.
   SIGN FACE. The surface of a signboard, background area and structural trim upon, against or through which a message is displayed or illustrated on the sign.
   SIGN HEIGHT. The height of a sign, measured from ground level, at the base of or below, the sign, to the highest edge of the sign.
   SIGN LOCATION. The site where one or more freestanding sign structures may be erected.
   STORE FRONTAGE. The area visible to the public where public entrances, display windows and other information is located. STORE FRONTAGE is not regulated by road frontage and is considered separately when deciding linear feet of STORE FRONTAGE.
   STREET FRONTAGE. The frontage which runs the length of a particular parcel of land.
   STROBE. A flash lamp that produces high intensity, short duration light pulses.
   STRUCTURE. Anything built or constructed whether or not permanently attached to the ground.
   TEMPORARY SIGN. Any sign, banner or advertising display, usually constructed of cloth, fabric, wood, paper or other light material with or without a frame, and designed and intended to be displayed for a short period of time, typically less than 90 days.
   UNUSED SIGN. See definition of “abandoned sign”.
   VARIANCE. A special ruling which does not require compliance with a specific portion of this chapter.
   VEHICLE SIGN. Signs placed on or affixed to vehicles and/or trailers that are parked on a public right-of-way, public property or private property so as to be visible to the general public. However, this is not intended to include window stickers for parking lots for example or company logos or wraps for identification.
   WALL SIGN. Any sign painted on, or attached to and erected parallel to, the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building, and which displays only one advertising surface. For the purpose of this chapter, the term WALL SIGN shall include awning and canopy, identification, marquee and module signs.
   WIND RESISTANT OR SWINGER SIGN. A small accessory sign which is spring mounted on a base which allows the sign to swing as wind pressure increases. The definition does not include “A-frame signs”.
   WINDOW SIGN. Any sign painted on or placed inside or upon a window facing the outside and which is intended to be seen from the exterior.
(Prior Code, § 11-13-2) (Ord. 2019-02, passed 3-5-2019; Ord. 2022-08, passed 4-5-2022)

§ 11-13-3 BONDING AND LICENSING OF CONTRACTORS.

   Electric signs and all permanent signs, unless exempted under subsection (I) below, shall be installed, repaired, altered and serviced, only by a sign contractor licensed by the City, in accordance with the following provisions.
   (A)   Application. Applications for sign contractors’ licenses or renewal of licenses may be obtained from the Code Administration Office. The Code Official shall, within 30 days of the date of application, approve or deny the application or refer it back to the applicant in any instance where insufficient information has been furnished. Each license issued shall be assigned a number, which must then be recorded on all applications for sign permits submitted by the license holder.
   (B)   Renewal. Sign contractors’ licenses shall expire on June 30 following the date of issuance and shall be renewed annually. New licenses issued within 30 days before June 30 are exempt from renewal until the following year.
   (C)   Contracting firms. Employees of duly licensed sign contractors shall not be required to obtain a license or pay a fee in order to engage in the work of installing, repairing, altering or servicing signs in the regular course of their employment with their duly licensed sign contractor.
   (D)   Vehicle identification. It shall be the duty of every sign contractor licensed hereunder to have the firm’s name and license number displayed on the side of all vehicles used in the operation of its business.
   (E)   Fees. Any person, firm or corporation desiring a license shall, at the time of receiving such license, pay to the Office of the City Clerk an initial license fee of $300, and an annual renewal fee of $75.
   (F)   Bond. No sign contractor’s license shall be issued until the applicant therefor shall have deposited with the Office of the City Clerk a cash or surety bond in the sum of $10,000. This sign contractor’s bond shall be executed by the sign contractor, and the surety thereon shall be a corporate surety company authorized to do business in the state. The bond shall be in favor of the City and conditioned that the licensee shall faithfully and properly conduct such sign contracting business in compliance with all the ordinances of the City relating to signs and sign contractors, and for the payment of all fines and penalties imposed for the violation of such laws, and for the protection and indemnification of the City against all damages resulting directly or indirectly from any injury to persons or property on account of the negligence of the licensee or by reason of defects in the sign construction. Such bond shall be renewed annually concurrently with the license, and the certificate of such renewal shall be filed with the Code Official.
   (G)   Insurance. No sign contractor’s license shall be issued until the applicant therefor shall have filed a certificate of insurance as proof of coverage for public liability and property damage in an aggregate amount of not less than $500,000; for bodily injury or death of one person one accident; in an amount not less than $125,000; for bodily injury or death to more than one person in any one accident $250,000; and for property damage in the amount of not less than $75,000 per incident; all arising out of work performed under a contractor’s license. Such insurance shall be kept in full force throughout the life of the license.
   (H)   Revocation of license. A sign contractor’s license may be revoked or temporarily suspended by the Code Official upon notice in writing to the licensee if it is found that the license was issued on the basis of relevant information which was incorrect or misleading, or if the contractor has violated any provision of this section. Such revocation or suspension action shall be coordinated with the City’s legal staff.
   (I)   Exemptions. The following persons or firms are not required to obtain a sign contractor’s license or bond, but shall comply with all other provisions of this chapter:
      (1)   The manufacturer, assembler or maker of prefabricated or preassembled sign parts, who does not perform operations other than sales within the city limits;
      (2)   Persons who erect and maintain a freestanding sign, under six feet tall, which is constructed entirely of masonry or wood materials, with nonilluminated sign copy attached to the sign. If the sign is indirectly lighted, all electrical work shall be performed by a licensed electrical contractor;
      (3)   Persons who install a wall sign, 32 square feet or less, which is constructed entirely of wood;
      (4)   Persons who paint a sign upon an existing building or sign structure and such sign consisting of no structural components; and
      (5)   Persons who install, erect, move or maintain a sign not requiring a permit.
(Prior Code, § 11-13-3) (Ord. 2019-02, passed 3-5-2019; Ord. 2022-08, passed 4-5-2022)

§ 11-13-4 SIGNS THAT DO NOT REQUIRE A PERMIT.

   The following signs do not require a sign permit, unless the proposed sign exceeds the standards specified below:
   (A)   Official flags that are no more than 50 square feet in area and 20 feet in height. Flag poles located in residential zoning districts shall not exceed 25 feet in height. Flags located in all other zoning districts shall not exceed the height limitations as specified in the air space control surfaces plan;
   (B)   Memorial signs or tablets, names of buildings and the dates erected and other memorial signs or plaques commemorating a person, event, structure or site, when constructed of bronze or other noncombustible materials, that are no more than 20 square feet in area;
   (C)   Bulletin board signs that are not illuminated and are no more than 20 square feet in area, for a public, charitable or religious institution, when located on the premises of that institution;
   (D)   Signs mounted inside buildings not visible to pedestrians or motorists beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way, parking area or outdoor circulation area open to the public;
   (E)   Street address numerals that are not more than 20 square feet in area;
   (F)   Scoreboards in athletic facilities;
   (G)   Directional signs displayed for the convenience of the public, including signs identifying entrance and exit drives, parking areas, one-way drives, restrooms, freight entrances, signs identifying parking spaces reserved for the handicapped and other similar directional signs. Such signs shall be limited in area to ten square feet;
   (H)   Public use signs including traffic control and street name signs, community service information signs, public transit service signs, public utility information signs, safety signs, danger signs and all signs erected by a public officer in the performance of a public duty;
   (I)   No trespassing signs or other such signs regulating the use of property (such as “no hunting”, “no fishing”) that are no more than eight square feet in size;
   (J)   Construction signs that are no more than 50 square feet in sign area in residential districts or 100 square feet in sign area in all other districts with a limit of one sign per lot frontage;
   (K)   Home occupation signs or nameplates not more than four square feet in area attached to the residential or accessory building, denoting only the name of the occupant and/or the service provided;
   (L)   Vacancy signs for apartments, hotels and motels that are no more than ten square feet in area. Such signs may be illuminated but the signs shall not flash or cause a glare or have motion or animated parts;
   (M)   Temporary placards or posters (e.g., garage sale signs), not more than four square feet in area with a limit of two signs on the property involved;
   (N)   Temporary decoration signs;
   (O)   Menu signs at drive-through and drive-in restaurants, when not designed to be read from the public right-of-way, or to attract attention to the site from the right-of-way. Such signs may be illuminated;
   (P)   The changing of the advertising copy or message on an existing changeable copy sign or billboard;
   (Q)   The repainting, cleaning or other normal maintenance and repair of a sign not involving structural changes or a change in size;
   (R)   Gas island signs no more than 32 inches by 48 inches with a limitation of one sign per island. These signs may be double-sided;
   (S)   Sale and open house real estate signs and estate sales located on the premises or private property;
   (T)   The Vance Air Force Base billboard signs no more than 400 square feet and 35 feet in height with no part of the sign over hanging the public rights-of-way. Such signs shall be limited in area to 400 square feet, 35 feet in height and no part of the sign shall overhang the public right-of-way. Installation and structural changes are required to be performed by a bonded and licensed sign contractor;
   (U)   Political signs;
   (V)   A-frame signs;
   (W)   Window signs;
   (X)   Replacement of a face in a freestanding sign; and
   (Y)   Small gardening or crop signs traditionally used to designate the type of plant, or the variety of seed used.
(Prior Code, § 11-13-4) (Ord. 2022-08, passed 4-5-2022)

§ 11-13-5 PROHIBITED SIGNS.

   (A)   The following signs are prohibited:
      (1)   Any sign that interferes with the flow of pedestrians on sidewalks;
      (2)   Flashing signs;
      (3)   Signs with strobes that are visible from the street;
      (4)   Pallet signs;
      (5)   New billboards;
      (6)   New off premises signs;
      (7)   Signs affixed to trees or utility poles or traffic devices; and
      (8)   Vehicle signs.
   (B)   Any prohibited sign is subject to removal and the owner of the sign shall be subject to a fine of $200 plus costs.
(Prior Code, § 11-13-5) (Ord. 2022-08, passed 4-5-2022)

§ 11-13-6 PERMITS AND INSPECTIONS.

   Except as exempted in § 11-13-4, it shall be unlawful to display, erect, rebuild, expand or relocate any sign without first filing with the Code Official an application in writing, and obtaining a sign permit, in accordance with the following provisions. When a sign permit has been issued by the Code Official, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the Code Official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the Code Official.
   (A)   Application. The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his authorized agent, or a sign contractor licensed by the City. Such applications shall be made in writing on forms furnished by the Code Administration Office and shall be signed by the applicant. The Code Official shall, within five working days of the date of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished. The application for a sign permit shall be accompanied by the following plans and other written information:
      (1)   The name, address and telephone number of the property owner and sign contractor including the contractor’s license number;
      (2)   Plans to scale showing the sign elevation indicating height, overall dimensions, colors, materials and illumination and power requirements;
      (3)   A site plan indicating locations of all existing and proposed signs on the site, which includes signage of any type that may have received a permit but has not yet been erected. The site plan shall specify the height and overall dimensions for all existing and proposed signs on site;
      (4)   A building facade outline or photograph indicating the location of any existing or proposed signs to be attached to the building, which includes signage of any type that may have previously received a permit but has not yet been erected;
      (5)   The location by street address of the proposed sign structure;
      (6)   A statement of valuation; and
      (7)   Signature of the applicant.
   (B)   Fees.
      (1)   Any person, firm or corporation desiring a permit required by this chapter shall, before receiving said permit, pay to the City a permit fee. A fee shall not be charged for voluntary modification of an existing nonconforming sign to bring such sign into conformance with this chapter, although a permit must still be obtained for purposes of review to ensure compliance with this chapter. The fee schedule is:
         (a)   EMC signs and freestanding signs: $100; and
         (b)   Wall signs and all other signs: $50.
      (2)   Starting work without a permit will result in the tripling of the permit fee.
      (3)   Required inspections are covered by the permit fee with the exception of signs that require an electrician. See § 11-3-6(D)(2) and § 11-3-7(D).
   (C)   Amendments. Approved amendments to permits involving changes in location, sign type, electrification or increase in size, shall be subject to the fee requirement as if the amendment were a new permit.
   (D)   Inspection.
      (1)   All signs and operations requiring a permit shall constitute a new sign for the purpose of this chapter. Footing inspections may shall be required on the day of excavation for freestanding signs that are taller than 20 feet high or larger than 100 square feet in size. The permit holder or authorized agent shall notify the Code Official when any sign is complete and ready for final inspection.
      (2)   Electrical inspections may be required separate from structural inspection pursuant to § 11-3-7(D)(3). The fee for an electrical inspection is $50.
   (E)   Expiration. If construction of a sign is not commenced within 180 calendar days of approval of the permit, the permit shall expire and construction may not occur. In the case of delays which are not a result of willful acts or neglect of the permit holder, the Code Official may grant an extension of time, provided all approvals thereof are in writing on the face of the permit. Permit fees shall not be refunded for any expired permit.
   (F)   Revocation of sign permit. If the Code Official finds that work under any sign permit issued is not in accordance with the information supplied in the application or supplemental plans, or should there be any misrepresentation in connection with the application for the permit, the applicant shall be notified that the violation must be corrected within a specified period of time authorized by the Code Official. If such correction is not made, the Code Official shall revoke the permit and serve written notice thereof upon the applicant. No person shall proceed with any part of such work after such notice is received. Permit fees shall not be refunded for any revoked permit.
(Prior Code, § 11-13-6) (Ord. 2016-14, passed 6-7-2016; Ord. 2022-08, passed 4-5-2022)

§ 11-13-7 GENERAL REGULATIONS.

   Unless otherwise provided in this chapter, the following regulations apply.
   (A)   Location requirements. All signs are subject to the following general location restrictions.
      (1)   No sign shall be maintained at any location where, by reason of its position, size, shape or color, it may interfere with the view of, or be confused with, any traffic control signs or signals, or where it may mislead or confuse traffic.
      (2)   Signs and their supporting structures shall maintain clearance from, and noninterference with, all aboveground and underground facilities and conduits for water, sewer, gas, electricity or communications equipment and lines and shall not interfere with surface or subsurface drainage.
      (3)   No sign shall be installed or erected, any part of which is on, over or extended across any public right-of-way, alley, easement or any vehicular driveway, unless otherwise specified in this chapter.
      (4)   Only public service signs shall be permitted on publicly owned property, except Chisholm Trail Expo Center, David Allen Memorial Ballpark and Kellet Park, if approved by the applicable public entity operating said facilities.
      (5)   No sign may be attached to any tree, and only public service signs may be attached to utility poles.
      (6)   No sign shall occupy a parking space required under the provisions of Chapter 12 of this title.
      (7)   No sign shall be erected, constructed or maintained so as to obstruct any fire escape or any window or door, or opening used as a means of egress. No sign shall be attached in any form, shape or manner to a fire escape, nor be placed in such a manner as to interfere with an opening required for legal ventilation.
   (B)   Sight triangle. No sign shall be located within a “sight triangle”, except as specified below.
      (1)   No portion of any sign other than the pole or column shall be permitted between the heights of three feet and seven feet, as measured from the street grade.
      (2)   The area of the sight triangle shall be determined by the characteristics of the street, drive, alley or railroad intersections by which the triangle is formed.
         (a)   An uncontrolled intersection shall require a sight triangle, clear of sight impediments, measuring 50 feet along the curb line of both streets.
         (b)   A four-way controlled intersection shall require a sight triangle measuring 20 feet along the curb line of both streets.
         (c)   A two-way controlled intersection shall require a sight triangle measuring 20 feet along the curb line of the controlled street and 50 feet along the curb line of the uncontrolled street. If the uncontrolled street has a posted speed limit in excess of 35 mph, the sight triangle shall measure 70 feet along the curb line.
         (d)   The intersection of a drive or alley and a street shall require a sight triangle measuring 20 feet along the drive or alley and 50 feet along the street. If the posted speed limit on the street is in excess of 35 mph, the sight triangle shall measure 70 feet along the curb line.
         (e)   The intersection of a street and a railroad shall require a sight triangle measuring 70 feet along the railroad right-of-way line and 50 feet along the curb line of the street.
   (C)   Abandonment. If a sign advertises a business, time, event, purpose, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and shall, within 30 days of such abandonment, be removed by the sign owner, owner of the property where the sign is located or other party having control over such sign.
      (1)   If the message portion of the sign is removed, leaving only the supporting “shell” of a sign or the supporting braces, anchors or similar components, the owner of the sign or the owner of the property where the sign is located or other person having control over such sign shall, within 180 days of the removal of the message portion of the sign, either replace the entire message portion of the sign with a blank sign cover or remove the remaining components of the sign. This subsection (C) shall not be construed to prevent the changing of the message of a sign.
      (2)   If the projecting or wall sign from a business has been removed leaving a shadowing effect behind on the building, the owner must power wash to cover the shadowing from the previous sign within 30 days.
      (3)   Before a new sign permit will be issued, all previous signage from the previous owner or occupant must be removed. This includes any shadowing.
   (D)   Electrical Code requirements.
      (1)   All signs shall comply with applicable provisions of the International Building Code and the Electrical Code of the City in effect at the time the sign is erected.
      (2)   No sign shall have an overhead electrical system.
      (3)   Signs that use electricity will require an electric permit for the electrical work. See § 2-6F-3(A). Obtaining this permit and the inspection is the responsibility of the owner or the owner’s licensed electrician and not the sign contractor.
   (E)   Calculating sign area. The total aggregate sign area for a property shall be as follows.
      (1)   Individual property. The total sign area for the aggregate of all signs for any individual property shall be:
         (a)   Two square feet of sign area for each linear foot of frontage up to 200 linear feet; and
         (b)   An additional ten square feet of signage for each additional 50 linear feet of frontage over 200 linear feet.
      (2)   Shopping centers or businesses that share square footage.
         (a)   One freestanding sign shall be allowed on the primary frontage and one freestanding sign shall be allowed on each secondary frontage to identify the entire complex and the stores within the complex.
         (b)   Total sign area for the overall complex is:
            1.   Two square feet of sign area for each linear foot of frontage up to 200 linear feet; and
            2.   An additional ten square feet of signage for each additional 50 linear feet of frontage over 200 linear feet.
         (c)   Signs for each tenant shall not to exceed two square feet of sign area for each linear foot of store frontage occupied. Each tenant shall be allowed a minimum of 15 square feet of sign area and a maximum of 200 square feet of sign area. If a tenant occupies a corner space, the sign area allowed shall apply to each store frontage. Window signage will not be calculated into the total allowable signage. In cases where a tenant’s store frontage is on the interior of a building and that tenant has no external public entrance, the interior store frontage will be used to calculate signage.
         (d)   A-frame signs will be allowed in the shopping center area as long as they are along the pedestrian walkway on the interior of the shopping center and not near parking spaces, roadways or byways, but shall not be left outdoors except during business hours. These signs may not inhibit the flow of pedestrian traffic throughout the shopping center or inhibit the flow of the vehicular traffic in any way.
   (F)   Construction Code requirements.
      (1)   Compliance required. Generally, all signs shall comply with the applicable current Building and Electrical Codes of the City.
      (2)   Design and construction. All signs shall be designed and constructed to withstand wind pressures applied to the exposed area, allowing for wind in any direction.
      (3)   Excavation and concrete foundations. All foundations shall conform with the Building Code. Where foundation details have been presented or required by the Code Official, each excavation shall be completed as shown on the drawing with reinforcing steel in place. The Code Official shall be notified immediately and no concrete shall be poured until the excavation and reinforcing steel have been inspected by the Code Official.
      (4)   Supports. The use of used pipe or structural sections as columns will be permitted when approved by the Code Official.
(Prior Code, § 11-13-7) (Ord. 2019-02, passed 3-5-2019; Ord. 2022-08, passed 4-5-2022)
Cross-reference:
   Similar provisions, see § 11-14-5(D)(3)
Statutory reference:
   Similar provisions, see 11 O.S. § 44-107.1

§ 11-13-8 ENFORCEMENT OF SIGN REGULATIONS.

   (A)   Maintenance required. Every sign, including those in which no permits or fees are required, shall be maintained in a safe, presentable and structurally sound condition at all times. The owner of a sign not so maintained shall be notified in writing from the Code Official and shall have 30 days to bring the maintenance of the sign up to compliance with this chapter.
   (B)   Violation. Any sign which is not brought into compliance with this chapter or removed within 30 days after the service of notice shall be considered in violation of the provisions of this chapter and the owner of such sign shall be subject to a fine of up to $200, plus court costs. Each day that the sign remains in violation of this chapter, after the expiration of the 30 days, shall constitute a separate offense.
   (C)   Dangerous sign. If a sign poses an immediate danger to the public, the notice period may be dispensed with and the City may declare the sign a nuisance under Title 4, Chapter 4 and abate the nuisance. The cost will be assessed against the owner of the sign.
   (D)   Impoundment. The Code Official or any police officer of the City may cause to be removed without notice and impound any sign which has been determined that it constitutes an immediate danger and threat to the public health or safety. The City is not responsible for damages to a sign when removal from the property is necessary.
   (E)   Recovery of sign. All impounded permanent signs shall be stored and, upon proper identification thereof by its owner, may be redeemed upon the payment of reasonable charges incurred by the City or its agents for removal, transportation, storage and administrative costs resulting from the impoundment. All permanent signs which are not redeemed within two months shall be subject to disposal in the manner provided by law for the disposition of unclaimed property. Temporary signs which are not redeemed within ten days shall be destroyed and disposed of by the City.
(Prior Code, § 11-13-8) (Ord. 2022-08, passed 4-5-2022)

§ 11-13-9 ALLOWANCES BY ZONING DISTRICT OR SPECIAL AREA.

   This section identifies the signs allowed within specific zoning districts.
   (A)   Identification signs in residential zoning districts.
      (1)   Subdivisions shall be permitted one freestanding sign or one wall sign mounted on a subdivision screening wall for identification of the subdivision for each street entry providing access to the subdivision. These signs may not exceed 15 feet in height.
      (2)   Multi-family developments shall be permitted one freestanding sign or one wall sign for identification of the development for each street entry. One “for lease” wall sign with a maximum sign area of six square feet for each street entry shall also be permitted.
      (3)   Identical identification signs on both sides of the access street shall be considered one sign as long as they are not double faced and/or visible from both directions of traffic.
      (4)   Single-family and duplex lots shall be permitted one wall sign to identify the family name, property name or street address, not to exceed three square feet in area for lots less than one acre and not to exceed six square feet for lots over one acre.
      (5)   These signs must have a permit; but this permit will be at no cost to the subdivision.
      (6)   Flashing identification signs are prohibited.
   (B)   Signs in commercial and industrial zoning districts.
      (1)   The purpose of signage in the commercial districts is for the identification of business establishments, products and services available on the premises. If located within a shopping center, the signs in that shopping center should be aggregately displayed on one or more varying types of signs, identifying the individual businesses located within a shopping center or the shopping center name itself.
      (2)   The purpose of signage in industrial areas is for the identification of the various manufacturing, assembling, warehousing and services located on the premises.
      (3)   The following signs are allowed:
         (a)   Freestanding sign;
         (b)   Projecting sign;
         (c)   Wall sign;
         (d)   Window sign; and
         (e)   Wind resistant or “swinger” signs.
   (C)   Signs in agricultural districts. Non-flashing identification signs of residences, farms and agricultural related uses may be freestanding or wall signs.
      (1)   Only one such sign shall be permitted for each street frontage.
      (2)   All signs shall be for on premises use only.
      (3)   No individual sign shall exceed a maximum height of ten feet and a maximum sign area of 48 square feet.
(Prior Code, § 11-13-9) (Ord. 2019-02, passed 3-5-2019; Ord. 2022-08, passed 4-5-2022)

§ 11-13-10 ALLOWANCES BY SUPPLEMENTAL ZONING DISTRICT.

   This section identifies the signs allowed and the regulations within the City’s Supplemental Zoning Districts found in Chapter 10 of this title.
   (A)   Planned unit development (PUD). A planned unit development is one which is governed by the terms of a development plan once approved by the City Council. Chapter 10, Article A of this title provides the specific regulations for signs that are part of these developments.
   (B)   Enid Downtown Overlay District. This district is that portion of the Central Business District bounded by Adams Street on the west, Elm Avenue on the north, the railroad tracks on the east and a line contiguous with the centerline of the east-west alley in block 4, Southside Addition extended east to the railroad tracks and west to closed Adams Street on the south.
      (1)   Signs generally.
         (a)   All signs shall be aligned as much as possible along the single block to form a unifying pattern.
         (b)   No flashing signs are allowed except signs which display time, temperature and other general advertising information as long as the information is displayed for a minimum of three seconds before changing.
         (c)   All signs which are illuminated shall be indirectly lighted, or, if internal light sources are used, only the letters and not the background shall be illuminated; except for those properties which directly abut Garriott Road, in which case, internal light sources may illuminate the background.
         (d)   Nothing contained herein shall prohibit the placement of noncommercial handbills or similar printed material temporarily displayed for public information purposes.
      (2)   Wall signs. All wall signs shall be located and mounted so as not to obscure architectural detail. Wall signs shall be limited in size to thirty percent (30%) of the exterior wall to which the signs are attached.
      (3)   Projecting signs.
         (a)   The sign area is limited to one-half square foot per linear foot of the exterior wall, to which the sign is attached.
         (b)   The maximum sign area permitted for any projecting sign shall not exceed 32 square feet.
         (c)   No projecting sign shall extend more than four feet from the building to which it is attached.
         (d)   Electrical and non-electrical signs that project or overhang a pedestrian walkway shall maintain nine feet of clearance between the grade and the bottom edge of the sign.
      (4)   A-frame signs. A-frame signs are allowed, but shall not be left outdoors except during business hours. These signs may not inhibit the flow of pedestrian traffic or vehicular traffic in any way.
      (5)   Freestanding signs.
         (a)   All freestanding signs are limited to a maximum of 20 feet in height. The sign area shall be limited to one square foot per linear foot of street frontage.
         (b)   Those freestanding signs located on properties which directly abut Garriott Road are limited in size to no more than one square foot of sign area per each linear foot of Garriott Road frontage up to 200 square feet of sign area. Such signs shall be limited in height to no more than 25 feet.
      (6)   Temporary event streetlight banners.
         (a)   The purpose of these banners is to promote and inform the community of an upcoming annual event or celebration which will occur in this District.
         (b)   Proposed banners shall be reviewed by Main Street Enid, Inc. If more than one person or organization desires to display streetlight banner, approval shall be on a first come, first served basis from those who have already received approval from Main Street Enid, Inc.
         (c)   The banners shall be secured to the streetlight poles in a manner that is approved by the utility pole owner and shall resist an 80 mph wind load. The bottom of the banner shall be at least seven feet above grade. No banner shall interfere with traffic control devices, a sight triangle or use of the public right-of-way.
         (d)   Banners may be displayed no earlier than 14 days prior to the event and must be removed within 14 days following the event.
      (7)   Restoration.
         (a)   A sign that has been destroyed or a sign that has damage equal to or more than fifty percent (50%) may be replaced or reconstructed to conform to this title.
         (b)   A sign that has damage of less than fifty percent (50%) may be replaced or reconstructed to its original condition except freestanding signs which overhang or encroach into any right-of-way or sight triangle.
   (C)   Historic preservation districts.
      (1)   The purpose of the historic preservation districts is to designate, preserve, protect and enhance those properties and structures within the districts which reflect outstanding elements of the City’s heritage.
      (2)   Sign applications shall be reviewed by the Historic Preservation District Commission before a permit issues. Provided, however, if the Commission fails to act within 60 days, the approval process may be completed without the Commission’s input.
(Prior Code, § 11-13-10) (Ord. 2022-08, passed 4-5-2022)

§ 11-13-11 SIZE, LOCATION AND OTHER RESTRICTIONS.

   Unless otherwise provided in this chapter, the following regulations apply.
   (A)   Freestanding signs.
      (1)   Height. No freestanding sign shall exceed 35 feet in height.
      (2)   Clearance. All signs shall provide adequate free clearance so as not to inhibit the orderly flow of pedestrian traffic.
         (a)   Both electrical and non-electrical signs, which overhang a pedestrian walkway, shall a minimum clearance of nine feet above grade.
         (b)   No freestanding sign shall overhang any easement, right-of-way or vehicular drive.
      (3)   Sign area.
         (a)   The maximum sign area shall be 150 square feet.
         (b)   One freestanding sign is allowed per frontage.
         (c)   Only one side of a two-sided sign will be used to compute the total sign area of the sign.
      (4)   Sign spacing. No sign shall be placed within 50 feet of another sign located at an adjacent business or property.
   (B)   Changeable copy signs.
      (1)   Only one side of a two-sided sign will be used to compute the total sign area for a property.
      (2)   All signs shall provide adequate free clearance as specified in subsection (A)(2) above.
   (C)   Electronic message center.
      (1)   Only one side of a two-side sign shall be included when computing the total sign area for a property.
      (2)   The maximum size of a EMC is 72 feet.
      (3)   All signs shall provide adequate free clearance as specified in subsection (A)(2) above.
      (4)   The sign message shall not have movement, or the appearance of an optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity.
      (5)   The information displayed must be displayed for a minimum of three seconds before changing and the sign shall not pulsate, flash, blink or cause a glare.
      (6)   These signs shall not exceed the following standard:
         (a)   A brightness level of 0.3 foot-candle above ambient light when measured with a foot-candle meter; and
         (b)   At a distance from the EMC which is the square root of the number of square feet of the EMC multiplied by 100.
   (D)   Wall signs.
      (1)   Sign area. The combined total sign area permitted for wall signs shall not exceed fifty percent (50%) of the exterior walls building facade to which the signs are attached.
      (2)   Extension. Wall signs shall not extend beyond the outside perimeter of the building to which they are attached. A wall sign may extend up to 18 inches over any public right-of-way, alley, easement or vehicular driveway.
      (3)   Clearance. The minimum clearance overhanging a pedestrian walkway is nine feet.
   (E)   Projecting signs.
      (1)   Sign area. The total sign area for any projecting sign shall not exceed one square foot per linear foot not to exceed 40 square feet of sign area of the exterior wall to which it is attached.
      (2)   Number permitted. Only one projecting sign shall be permitted for any individual building or occupancy.
      (3)   With wall signs. A projecting sign shall not be permitted on any building to which a wall sign is attached.
      (4)   Extension. A projecting sign may extend up to eight feet from the building to which it is attached. If the building is located on the property line, the sign may extend up to eight feet over any public right-of-way, easement or vehicular driveway, but no closer than two feet from the curb of any public street or other right-of-way or alley.
      (5)   Clearance. The minimum clearance is nine feet.
   (F)   Window signs. Window signs do not need a permit. Said signs may not flash, pulsate or cause glare, and if the sign is lighted, must remain lit for at least five seconds.
   (G)   Wind resistant or “swinger” signs. These signs need a permit, but will be at no cost to the business owner. Such signs shall not exceed 20 square feet in sign area and shall be limited to one sign per 100 linear feet of street frontage.
   (H)   Temporary signs.
      (1)   Generally.
         (a)   No sign shall be placed or displayed within the public right-of-way or easement.
         (b)   No sign shall be placed so as to impair a sight triangle, the visibility of intersections of streets, driveways and alleys.
         (c)   Except as otherwise provided herein, the maximum number of temporary signs per property shall be one sign per frontage road or one sign per 600 linear feet, whichever is greater.
         (d)   Except as otherwise specifically provided herein, the maximum size of temporary signs shall be eight square feet for residences and 32 square feet on other property.
         (e)   Except as specifically provided herein, temporary signs may be placed 24 hours prior to the commencement of the purpose for the sign and must be removed 24 hours after the purpose for the sign has concluded.
      (2)   Event streetlight banners on U.S. Highway 412 and U.S. Highway 81.
         (a)   The purpose of these banners is to promote and inform the community and public of an upcoming annual event or celebration.
         (b)   Permits for these banners may only be granted one per quarter or four times per year. The permit shall be at no cost to the owner.
         (c)   A maximum of 16 streetlight banners shall be allowed on each side of the highway per mile section. Approval shall be on a first come, first served basis.
         (d)   The banners shall not exceed 16 square feet in area, with a maximum of two banners per light pole.
         (e)   The banners shall be displayed no earlier than 14 days prior to the event and shall be removed within 14 days following the event.
         (f)   The banners shall be secured to the streetlight poles in a manner that is approved by the utility pole owner and shall resist an 80 mph wind load. The bottom of the banner shall be at least nine feet above grade. No banner shall interfere with traffic control devises, sight triangles or the operation of the public right-of-way.
         (g)   The banners shall be made of materials commonly used for street light banners.
      (3)   Other event signs, banners and feather signs.
         (a)   Feather signs. Because of the unique shape of feather flags, the maximum size and number of signs allowed shall differ from other temporary signs.
            1.   Feather flags shall not exceed eight feet in height and 27 inches in width.
            2.   The number of feather flags allowed per property shall be as provided in subsection (H)(3)(b) below.
         (b)   The maximum square footage allowed for these signs is as follows.
            1.   If the building’s frontage is 50 linear feet or less, 20 square feet of temporary signage is allowed. Additionally, one feather flag is allowed.
            2.   If the building’s frontage is between 51 and 100 linear feet, 30 square feet of temporary event signage is allowed. Additionally, two feather flags are allowed.
            3.   If the building’s frontage is between 101 and 200 linear feet, 40 square feet of temporary event signage is allowed. Additionally, three feather flags are allowed.
            4.   If the building’s frontage is 201 linear feet or more, 50 square feet of temporary event signage is allowed. Additionally, four feather flags are allowed.
(Prior Code, § 11-13-11) (Ord. 2019-02, passed 3-5-2019; Ord. 2022-08, passed 4-5-2022)

§ 11-13-12 BILLBOARDS.

   No additional billboards are allowed in the city limits. Billboards erected on or before January 6, 2009, shall be considered nonconforming. Nonconforming billboards shall be allowed to remain unless such sign is altered in a manner that increases the degree of nonconformity, destroyed by calamity or is abandoned for a period of more than two years. However, the upgrade of an existing billboard with new technology, whether at the same or a new location, is permissible and encouraged.
   (A)   The following regulations shall apply to the dimensions and location of billboards.
      (1)   Height. The maximum height of any billboard shall not exceed 35 feet.
      (2)   Width. The maximum width of any sign shall not exceed 50 feet.
      (3)   Sign area. The maximum sign area for a billboard is 400 square feet.
      (4)   Setbacks. No billboard shall be located less than 25 feet from any property line abutting a street.
      (5)   Clearance. All signs shall provide adequate free clearance so as not to inhibit the orderly flow of pedestrian and vehicular traffic.
         (a)   The minimum clearance is nine feet.
         (b)   Signs overhanging a vehicular drive must have a clearance of 15 feet.
      (6)   Location. Billboards shall be located only along state or federal highways within the City, with the exception of the Vance Billboards.
      (7)   Number. A maximum of four billboards shall be permitted per mile of highway frontage. Each side of the highway shall be considered separately.
      (8)   Separation. A minimum of 500 feet shall be maintained between each billboard sign.
      (9)   Color. The back of any billboard or any unused face of a billboard must be painted a neutral color, such as: whites, browns, blacks, grays and greens.
      (10)   Digital. Digital billboards should meet the following standards.
         (a)   The images must display for a minimum of six seconds and the images must change instantaneously with no fade, dissolve or swipe effects.
         (b)   The sign shall not include any moving parts.
         (c)   The LED units must adjust to ambient light conditions via a sensor.
         (d)   The illumination of a sign shall not exceed a brightness level of 0.3 foot-candle above ambient light, as measured using a foot-candle meter at the following pre-set distances from the base of the sign structure:
 
Sign Face
Distance from Base of Sign Structure
300—375 square feet
150 feet
376—475 square feet
200 feet
476—672 square feet
250 feet
 
   (B)   The following type of billboards are prohibited:
      (1)   Moving billboards, that include, but are not limited to, these features: pennants, flags, banners, streamers, propellers, disks and searchlights;
      (2)   Flashing or glaring billboards;
      (3)   Inflatable billboards; and
      (4)   Roof billboards.
(Prior Code, § 11-13-12) (Ord. 2022-08, passed 4-5-2022)

§ 11-13-13 OFF PREMISES SIGNS PROHIBITED.

   No new off premises signs shall be erected within the limits of the City. Off premises signs erected on or before January 6, 2009, shall be considered nonconforming. Nonconforming off premises signs shall be allowed to remain unless such sign is altered in a manner that increases the degree of nonconformity with the regulations above, is destroyed by calamity or is abandoned for a period of more than two years.
(Prior Code, § 11-13-13) (Ord. 2022-08, passed 4-5-2022)

§ 11-13-14 NONCONFORMING SIGNS.

   In order to achieve the general purpose and objectives of this chapter, it is necessary to provide for the removal or modification of signs which are not in compliance with this chapter.
   (A)   It is the declared intent of the City to have all nonconforming signs brought into conformity. If only a portion of a sign is nonconforming, that portion of the sign may be brought into conformity by independent action of the sign owner or user without the review and approval of any official of the City, except where such activity involves structural or electrical alteration. Under such circumstances, an appropriate permit must be obtained.
   (B)   Destruction by calamity:
      (1)   A sign that is destroyed or is damaged equal to or more than fifty percent (50%) of its structural value, may be replaced or repaired but it must conform to this chapter’s regulations; and
      (2)   A sign damaged by less than fifty percent (50%) of its structural value, may be repaired without bringing the sign into conformity with this chapter’s regulations, except any freestanding sign which overhangs or encroaches into any right-of-way or sight triangle.
(Prior Code, § 11-13-14) (Ord. 2016-14, passed 6-7-2016; Ord. 2022-08, passed 4-5-2022)

§ 11-13-15 REVIEW AND APPEAL.

   (A)   Sign permit review. The Code Official of the City shall be authorized to grant approval of sign permits. Approval shall be granted only after appropriate reviews have occurred as provided in this chapter.
   (B)   Appeal of sign regulation determination. When it is alleged that an error in an order, requirement, decision or determination was made by an administrative official in the enforcement of any provision of this chapter, an appeal may be taken by any person aggrieved to the Board of Adjustment in accordance with Chapter 3 of this title.
   (C)   Variance from sign regulations. When a variance is requested to the provisions of this chapter, the appeal for a variance shall be heard by the Board of Adjustment. A variance may be granted only under the provisions specified in § 11-3-7 (B).
   (D)   Review of sign regulations for specific economic development opportunities.
      (1)   If the sign ordinance is perceived as an impediment to economic development, specific cases may be brought before the City Council for review and approval.
      (2)   The request for review must be submitted to the Community Development Department 15 days prior to a meeting of the City Council.
(Prior Code, § 11-13-15) (Ord. 2018-11, passed 3-20-2018; Ord. 2022-08, passed 4-5-2022)