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Fairmont City Zoning Code

ARTICLE X

- SIGNS

Sec. 26-801.- Generally.

It shall be the intent of this article to ensure compatibility of signs with surrounding land usage, to conserve property values in all districts, to protect the public investment in streets and highways, to promote the safety and recreational value of public travel, and to strengthen the economy of the city. All signs erected or maintained in the city shall conform to the provisions of this chapter.

(Ord. No. 86-4, § 7.07, 6-30-86)

Sec. 26-802. - Exemptions.

The provisions and regulations of this chapter shall not apply to the following signs. Such signs, however, are still subject to the provisions of section 26-806:

(1)

A temporary real estate sign not exceeding thirty-five (35) square feet in area in a business or industrial district, and nine (9) square feet in a residential district.

(2)

Residential and professional nameplates, not exceeding two (2) square feet in surface area.

(3)

Signs or bulletin boards, not over thirty-two (32) square feet in surface area, for public, charitable, or religious institutions, where the same are located on the premises of said institutions.

(4)

A temporary political sign in regard to a candidate or an election. Such sign shall be removed within fourteen (14) days following the election as related to the sign.

(5)

A temporary construction sign not exceeding thirty-two (32) square feet in area in multiresidential, business or industrial districts during construction, which identifies the project, contractors and subcontractors.

(6)

Traffic or other municipal signs, legal notices and other such temporary, emergency, or nonadvertising signs as may be approved by the city council.

(7)

Memorial signs or tablets, names of buildings and dates of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material.

(8)

Flags, decorations, emblems and signs of civic, political, patriotic and religious holidays may be displayed no more than forty (40) days prior to, nor more than seven (7) working days after, the appropriate holiday. Such decorations are exempt from provisions of this article.

(Ord. No. 86-4, § 7.07(B), 6-30-86; Ord. No. 2013-06, 2-11-13)

Sec. 26-803. - Nonconforming signs.

Existing signs, other than temporary signs, which were permitted under previous ordinance may be kept as is and where they are presently located, even though they do not conform to this article. Upon fifty (50) percent replacement of the supporting structure of the sign, not including the footings, there must be compliance with this article. All temporary signs which do not conform to this article shall be removed or altered to as to conform to requirements of this article within three (3) months of its adoption.

(Ord. No. 86-4, § 7.07(H), 6-30-86; Ord. No. 96-2, 4-22-96)

Sec. 26-804. - Variances.

(a)

To provide reasonable flexibility in this article, the council may approve a variance for a sign otherwise not permitted by this article where such exception would not be inconsistent with the intent of this article. All requests for variances shall be made as outlined in article II, division 5.

(b)

No variance shall be granted unless the council shall find that one (1) of the following conditions exists:

(1)

All of the following:

a.

Special conditions exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

b.

The special conditions and circumstances do not result from the actions of the applicant.

c.

A literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district and the terms of this article.

d.

Granting the variance requested would not confer on the applicant any special privilege for a use not common to other lands, structures, or buildings in the same district.

e.

The proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties, and there will be no deterrence to development of vacant land.

(2)

Any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service.

(Ord. No. 86-4, § 7.07(G), 6-30-86)

Sec. 26-805. - Permit.

It shall be unlawful for any person to erect, structurally alter or relocate any sign within the city without first obtaining a permit and paying the required permit fee. Application for sign permits shall be made upon blanks provided by the community development director and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant.

(2)

Location of building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.

(3)

When requested by the community development director, two (2) blueprints or ink drawings of the plans or specifications and method of construction and attachment to the building or in the ground.

(4)

When requested by the community development director, a copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the city.

(5)

Name of persons erecting the sign.

(6)

Evidence of written consent of the owner of the building, structure or land to which or on which the sign is to be erected.

(7)

Such other information as the community development director shall require to show full compliance with all ordinances.

(Ord. No. 86-4, § 7.07(A), 6-30-86; Ord. No. 2018-10 , 2-12-18)

Sec. 26-806. - General requirements.

No sign shall be erected or installed in the city unless it shall conform to the following:

(1)

No sign shall be installed which by reason of position, shape, color or wording would interfere with the proper functioning of any traffic sign or signal.

(2)

Illuminated flashing signs or devices giving off intermittent, sequential, or rotating beams of light shall not be permitted in any district. Lighted electronic message signs giving public service information shall be permitted in the B-3 and B-4 districts, provided that the bottom of the sign surface shall be a minimum of twelve (12) feet above street grade and a minimum of one hundred (100) feet from the center of any street intersection.

(3)

Except for grand openings, special occasions and holidays, banners and streamers may not be used. The use of banners, streamers, and special promotional devices are permitted only by obtaining a permit from the city. Such use shall be discontinued within fifteen (15) days after the first day and they shall not be used in any location more than thirty (30) days per calendar year.

(4)

There shall be no more than one (1) temporary (three (3) months or less) sign on any one (1) lot. The total area of such sign shall not exceed thirty-two (32) square feet. A permit is required for all temporary signs.

(5)

All signs in the city attached to a building shall be thoroughly and rigidly secured in a manner approved by the building official, and shall be repaired and maintained as necessary, to keep them secure, safe and free from danger.

(6)

No sign in the city shall obstruct access to fire escapes or required windows, doors, exits or standpipes.

(7)

No signs shall be placed upon or overhang the public right-of-way or easement, except that the city council may grant a special temporary permit to locate signs and decorations on or within the public right-of-way.

(8)

Signs on roofs shall not be allowed in any district.

(9)

Signs shall not be painted directly on any exterior building surface. Signs, letters and symbols may be attached directly to a wall by adhesive or mechanical means.

(10)

All existing signs shall be removed from the building and property by the owner of such property within thirty (30) days after the business or use is terminated.

(11)

"Sign area," shall mean that area within the marginal lines or extreme outside edge of the surface which bears the advertisement or, in the case of message, figures or symbols attached directly to any part of a building, that area which is included in the smallest rectangle which can be made to circumscribe any message, figure, or symbol displayed thereon. For a sign with not more than two (2) back to back faces, only the area of one (1) side is computed in determining the sign area.

(12)

Required setbacks are as follows:

a.

All R districts, ten (10) feet from any lot line. Signs shall not be placed in required corner, rear or side yard areas.

b.

All B districts, ten (10) feet from any lot line. Temporary signs may extend to the lot line. Signs shall not be placed in required corner yards.

c.

I-1 and I-2 districts, ten (10) feet from any lot line. Signs shall not be placed in required corner yards.

(13)

Exposed backs of all signs and sign structures must be painted a neutral color and otherwise be maintained so as not to have an adverse effect upon adjacent property.

(Ord. No. 86-4, § 7.07(C), § 6-30-86)

Sec. 26-807. - R districts.

Within residential districts the following signs are permitted and the following provisions apply:

(1)

One (1) nameplate sign for each single-family dwelling. Such sign shall not exceed two (2) square feet in area.

(2)

One (1) nameplate sign for each multiple family dwelling. Such sign shall not exceed six (6) square feet in area.

(3)

One (1) sign for each permitted home occupation. Such sign shall not exceed six (6) square feet in area.

(4)

Symbols, statutes, sculptures, and integrated architectural features on buildings may be illuminated by flood lights provided the direct source of light is not visible from the public right-of-way and not directly visible from the adjacent property.

(5)

No sign shall be constructed to have more than two (2) surfaces. No sign shall exceed ten (10) feet in height. Signs may be illuminated but such lighting shall be diffused or indirect and not extend beyond any lot line.

(6)

Electronic messaging signs (EMS) will be allowable for uses covered by section 26-152, R-1 single-family residential district, subsection (d) conditional uses, subsection (3) public or semi-public recreational buildings, hospitals and medical clinics, neighborhood or community centers; public and private educational institutions, religious institutes, cemeteries, provided that:

a.

Location on major roads, i.e. S. Prairie Avenue, N. North Avenue, S. State Street; rather than on S. Hampton Street.

b.

Electronic message center sign may not operate between the hours of 10:00 p.m. and 7:00 a.m.

c.

Only one (1) electronic message center per parcel.

d.

Prohibit orientation of a sign face directly towards residences.

e.

No portion of the message may flash, scroll, change color, fade in or out or in any manner imitate movement.

f.

The signage shall follow the standards established in Article X, Signs.

g.

The sign shall be constructed as an integral part of a permanent sign constructed on site. Integral shall be considered to be incorporated into the framework and architectural design of the permanent sign.

h.

Electronic message center signs may be used only to advertise activities or goods or services available on the property on which the sign is located or to present public service information.

i.

Maximum luminance of between five thousand (5,000) to seven thousand five hundred (7,500) nits during daylight hours and five hundred (500) nits at night.

j.

The sign display remain static for a minimum of eight (8) seconds and require "instantaneous" change of the display; i.e. no "fading" in/out of the message.

k.

Require automatic brightness control keys to ambient light levels.

l.

Require display to go dark if there is a malfunction.

m.

Electronic message center signs shall come equipped with automatic dimming technology which automatically adjusts brightness because of ambient light conditions.

n.

The owners of electronic message center shall include written certification from the sign manufacturer that the individual sign's maximum light intensity has been preset not to exceed the maximum daytime illumination levels established by the code and that the maximum intensity level is protected from end user manipulation by password protected software or other method approved by the appropriate city official.

(Ord. No. 86-4, § 7.07(D), 6-30-86; Ord. No. 2012-09, 10-22-12)

Sec. 26-808. - B and I districts.

Within business and industrial districts advertising and business signs are permitted subject to the following regulations:

(1)

One (1) nameplate sign for each single-family dwelling, the total surface area of all business signs, not to exceed three (3) in number (except in a unified shopping center) on a lot, shall not exceed the following:

District Maximum Signage
B-1 One (1) square foot for each lineal foot of street frontage. Not to exceed one hundred (100) square feet per sign.
B-2, B-3 and B-4 Two and one-half (2.5) square feet for each lineal foot of street frontage. Not to exceed two hundred eighty-eight (288) feet per sign.
I-1 and I-2 Two and one-half (2.5) square feet for each lineal foot of street frontage. Not to exceed two hundred eighty-eight (288) feet per sign. Along the interstate the state size standards shall apply. Not to exceed one thousand (1,000) square feet.

 

(2)

Business and advertising signs shall conform to the following:

a.

Building sign, two (2) feet above highest outside wall or parapet.

b.

Pylon sign, minimum twelve (12) feet to the following maximum heights:

District Maximum Height
B-1, B-2 Twenty-eight (28) feet
B-3 Forty (40) feet
B-4 Fifty-five (55) feet
I-1 and I-2 Forty (40) feet

 

c.

Ground sign, ten (10) feet above grade.

(3)

In a unified shopping center under single ownership or control, the total surface area of all advertising and business signs on the lot shall not exceed two and one-half (2.5) square feet for each lineal foot of street frontage on the lot. The number of signs shall not exceed the number of shops located within the center. A unified shopping center may also erect one (1) additional business sign for each separate street frontage, not to exceed three hundred fifty (350) square feet in surface area, and not to display more than the name and location of the shopping center.

(4)

Within the B-2 central business district up to three (3) signs per business shall be permitted. The total surface area of all advertising and business signs on the lot shall not exceed two and one-half (2½) square feet for each lineal foot of street frontage of the lot. Signs placed over sidewalks may extend to within one (1) foot of the curb or paved street area. All signs placed over sidewalks must have a minimum ten-foot clearance under the sign to the sidewalk grade.

(5)

In addition to signs allowed for individual industries, an identification sign for a unified industrial park shall be allowed. This sign shall not exceed three hundred fifty (350) square feet in area and not display more than the name and location of the industrial park.

(Ord. No. 86-4, § 7.07(E), 6-30-86)

Sec. 26-809. - Portable message signs.

(a)

There shall be no more than one (1) portable message sign on any single lot in a B business district. The total area of such signs shall not exceed thirty-two (32) square feet. Use of such signage for a period of one (1) month or less shall not require a sign permit. Use of such signage for a period exceeding one (1) month in a calendar year shall require the following:

(1)

Submission of a detailed site plan to the city engineer indicating the permanent location of the sign and adjacent property lines.

(2)

Permanent mounting or anchoring of the sign on site. Any electrical connections shall be properly installed and protected.

(b)

Setbacks for portable message signs shall follow the setbacks for temporary signs. Such signs may be illuminated in accordance with this article.

(Ord. No. 86-4, § 7.07(F), 6-30-86)