(a)

The intent of this article is to control all signs within the city, to ensure that they are appropriate for their respective principal uses and in keeping with the appearance of the affected property and surrounding environment, and to protect the public health, safety, morals and general welfare. In addition, the intent of this article is:

(1)

To encourage good design in the context of the overall image and visual environment of the city.

(2)

To protect property values, to enhance the appearance of the business community and to stimulate the economic vitality of the city.

(3)

To ensure that signs are adequate, but not excessive, for the intended purpose of identification or advertisement.

(4)

To prohibit the erection of signs in such numbers, sizes, designs and locations as may create danger to the public by obscuring road signs or by diverting the attention of motorists.

(5)

To prohibit signs which are likely to create unsafe conditions because of unsound structures or unsuitable locations.

(6)

To avoid excessive competition for signs, so that permitted signs provide identification and direction while minimizing clutter and unsightliness.

(b)

The general premise for the control of signs includes legibility, the effective display of information, the safety of passing traffic, and the coordination of signs with buildings, landscaping and other elements of the visual environment. In particular, signs should be designed and constructed as follows:

(1)

For maximum legibility, signs should be designed appropriate to the legal speed of passing traffic.

(2)

For size and dimensions, signs should be related to the frontage and setback of the building.

(3)

The setback and size of signs should give a fair exposure to all commercial buildings in a given area.

(4)

Signs should be integrated with the architecture of the buildings to which they relate, and with the nearby landscaping.

(c)

It is further the premise of this article that too many signs and too much information on signs create confusion, contribute to unsafe driving conditions, distract drivers and conflict with the intent of the section by creating visual clutter and unsightliness. This article seeks to encourage signs which avoid excessive information and which significantly contribute to the quality of their surrounding environment.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(a)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

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

Awning orcanopy means a structure made of cloth or metal or plastic on a frame attached to a building and projecting therefrom, and possibly carried by frames supported at grade level.

Flap means the vertical lower part of an awning which hangs loose. For the purposes of this article, where there is no flap, the lower vertical face up to 15 inches may be considered a flap.

Frontage means the line which separates a property from a street or other public right-of-way. For the purposes of this article, a single-frontage lot lies adjacent to only one street and a double-frontage or multifrontage lot lies adjacent to two or more streets. A lot which fronts on a street which curves 90 degrees or more along the lot's frontage shall be deemed a double-frontage lot.

Mansard wall means the lower slope of a mansard roof.

Marquee means any permanent, roofed structure projecting from a building facade when such structure is supported by the building, and which partially or fully covers a sidewalk, public entrance, or other pedestrian way. Signage on such structures will typically utilize changeable letters and numbers.

Multiple-tenancy structure means any commercial or office building containing two or more businesses, establishments, facilities, offices, or residences.

Parapet wall means any protective wall or barrier at the edge of, or projecting above, any balcony or roof.

Shopping center means a ground-level commercial development of eight or more retail sales and service establishments on one acre or more of land in a single parcel of common ownership, providing common parking facilities for all establishments, having multiple-tenancy of a single or several large common structures, and being of a single development or of several phases of a single comprehensive development.

Show window display means displays of merchandise, pictures, posters, prices, promotional statements, etc., designed and intended to be viewed by pedestrians standing in front of the show window.

Sign means any object, letter, figure, design, symbol, artistic display, trademark, flag, or other device intended to call attention to identify, advertise, or otherwise make known any place, subject, person, firm, business, public performance, article, machine or merchandise. The term "sign" shall not be deemed to include the term "building" or "landscaping" or any architectural embellishment of a building not intended to communicate information, or decorative lighting or strings of lights used to decorate trees, outdoor cafes and similar outdoor spaces, but not including merchandise sales areas.

Sign area means the entire area within a continuous perimeter formed by straight lines joined at right angles, which encloses the extreme limits of writing, background, representation and other sign information. Such perimeter shall not include any structural elements, other than the background, which are not an integral part of the display. For the purpose of computing the allowable sign area of a double-faced sign, only one face shall be considered.

Sign height means the difference in height between the elevation of the established or proposed grade level beneath the sign and the elevation of the uppermost extremity of the sign structure.

Sign information item means any datum which is transmitted by words, syllables, letters, numbers, designs, shapes, colors or symbols to convey a message.

Sign maintenance means the renewal, painting, repair or cleaning or an existing sign which retains the same sign information items, colors, composition, location and structure as the original.

Sign structure means any assembly of materials which supports a sign and which is not an integral element of a wall or building.

Unified facade means the fronts of any shopping center, multiple-tenancy structure or group of two or more adjacent buildings under one ownership or joint control, which have a consistent appearance in terms of design, color scheme, illumination, materials and areas designed for signs.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(b)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000; Ord. No. 1947, 2-8-2016)

Cross reference— Definitions and rules of construction, § 1-2.

Signs in this article are classified as the following types:

(1)

Arcade. Advertising which is suspended underneath an awning, canopy, marquee, overhand or other structural element of a building which forms a covered passageway for pedestrians.

(2)

Banner. A temporary sign consisting of lightweight, flexible material, which is supported by a frame, ropes, cables, wires or other anchoring devices.

(3)

Building directory. A wall sign which lists the names, times, uses and locations of various services, offices or activities within a building, and which is intended to be read at close proximity.

(4)

Double-faced. A freestanding, projecting or arcade sign with two faces which are back-to-back and not more than 18 inches apart.

(5)

Freestanding. Any sign supported by one or more uprights, braces or poles, or placed directly on the ground or on a foundation on the ground and not attached to a building.

(6)

Nonconforming. Any sign or sign structure which existed on the effective date of the most recent ordinance amending this article, which has a valid permit issued in accordance with previous regulations, but which would not now be permitted.

(7)

Plaque. A wall sign which is a thin flat plate or tablet, used for building and/or occupant identification and which contains no advertising. A plaque may be for identification of a building, a building's occupant or a building's historic significance.

(8)

Projecting. Any sign which is attached in a plane approximately perpendicular to the surface of a building or other structure.

(9)

Sandwich. Any sign which is constructed of durable materials, which has two identical, flat faces, and which is designed to be displayed on the ground. For the purposes of this section, a sandwich sign shall not be considered a portable sign or a temporary sign.

(10)

Sidewalk sign. Any sign which is constructed of durable materials, which has one or two flat faces, and which is designed to be displayed on the ground. For the purpose of this section, a sidewalk sign shall not be considered a temporary sign.

(11)

Subdivision/apartment identification. A sign located at the entrance to a residential subdivision or apartment project, which bears any one or all of the following: the logo, the name of the subdivision or apartment project and the street number.

(12)

Temporary. Any sign intended to be used up to 60 days.

(13)

Time-temperature display. A sign which displays time/date/temperature for the convenience of the public.

(14)

Wall. Any sign which is affixed directly to or suspended from a wall, marquee, mansard wall or parapet wall of a building, with the exposed face of the sign in a plan approximately parallel to the face of the wall and extending from it less than 12 inches. A wall sign may be either of one-piece construction or of individual letters or symbols. A wall sign may also be inscribed on or attached to the vertical or nearly vertical surface of an awning or canopy which is permanently affixed to a building.

(15)

Window. Any permanent or temporary sign which can be read from a public street or parking lot, and which is placed on the outside or inside face of a glass window, or within a distance of two feet inside the window. Show-window displays are not included.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(c)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

Permits for signs or sign structures are required under this article for the following:

(1)

Except for exempt or nonconforming signs, all new or refurbished signs or sign structures shall require a permit in accordance with the provisions of this article.

(2)

A sign or sign structure which is replaced to show a new trade name, a new design, different color or other changes in shape, location or size shall require a new permit.

(3)

A sign or sign structure which is temporarily removed for not more than six months, or which is replaced or refurbished with the text and design, shall not require a new permit.

(4)

The changing of sign information items shall not be considered a new sign and shall not require a new sign permit, provided that the original permit clearly stipulates the nature of the changeable information items that are to be used in such sign.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(d)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

Certain signs and sign structures are allowed without a permit as set forth in subsection (b) of this section, provided they comply with the structural requirements of section 48-1243. Such signs shall not count toward the allowable maximum sign area. No exempt sign shall be located closer than five feet of a property line or within a public right-of-way, except a sign erected by, authorized by or required by the city. The height of an exempt sign shall not exceed ten feet, except where greater heights are specified. No exempt sign shall be located where it impedes use of any door, window, fire escape, sidewalk, walkway, driveway or other vehicle use area.

(b)

Exempt signs shall include:

(1)

Artwork, including sculptures, murals, and the like, which is designed or intended primarily as a decorative feature.

(2)

Street addresses, not to exceed 1½ square feet in area.

(3)

One residential identification plaque, not to exceed 1½ square feet in area for each residential structure.

(4)

One professional or commercial identification plaque not exceeding 1½ square feet in area.

(5)

One building identification sign for each multistory building in the T, B, M, O-D districts, not exceeding ten square feet in area, designating only the structure or development name and/or address, and located in accordance with requirements for wall signs.

(6)

One "Private Property," "No Trespassing" or "Beware of Dog" sign, not exceeding 1½ square feet in area.

(7)

One temporary sale, rent, lease, build-to-suit sign, or sign announcing future construction, not exceeding six square feet in area in any R district, or 16 square feet in area in any other district. Such sign shall be removed within one week of occupancy of the property. One additional sign designated "Open" shall be permitted during the period that such premises are actually open for viewing by the buying public. No such sign shall exceed six feet in height.

(8)

One exterior building directory, not exceeding six square feet in area, attached to a multiple-tenancy structure.

(9)

Up to three noncommercial temporary signs, not exceeding four feet in height nor four square feet in area for each sign, which signs shall be posted for no longer than 60 days in a calendar year. Yard sale signs shall not be considered commercial signs.

(10)

Signs erected by or required by the city for pedestrian safety, vehicular movement or to announce events sponsored by the city.

(11)

Signs regulating parking and vehicular movement, not exceeding five feet in height nor two square feet in area for each sign, and placed only where necessary. Signs required by chapter 26, article V may exceed two square feet but shall not exceed four square feet.

(12)

Up to three flags, on poles not to exceed 60 feet in height, representing any government or governmental agency or any charitable, civic, fraternal, patriotic, religious or similar organization.

(13)

Historic markers, in accordance with Code of Virginia, § 42-66.

(14)

Warning signs warning the public of danger, of such size as may be necessary.

(15)

Up to four "For Sale" or "For Rent" directional signs, which give directions to a property which is for sale or rent. Each such sign shall not exceed six square feet in area nor three feet in height and shall be made of weatherproof materials and shall be displayed only on Saturdays, Sundays and holidays.

(16)

Gasoline stations.

a.

Signs on vending machines.

b.

Wall signs, not exceeding six square feet in area for each sign, identifying the special functions of various service bays in the building facade, and located above the doorways to the bays.

c.

Signs on pump islands relating to self-service or full-service locations, prices, promotions, displays, fuel availability, and so forth; provided no such sign shall be located on or above any canopy that extends over the pump islands.

d.

One state inspection sign and one emission inspection sign on each frontage, provided no single sign exceeds six square feet in area.

e.

One sign stating hours of operation, in the form of a wall sign or window sign, not exceeding four square feet in area.

f.

Fuel price information signs, totaling up to 12 square feet in area, when integrated into a permitted freestanding sign or when attached to a permitted freestanding sign structure.

g.

A single wall sign not exceeding 2½ square feet, identifying the owner or manager, the address of the property and the telephone number.

(17)

Temporary window signs. Signs made of paper, cardboard, cloth or similar material may be displayed in the ground floor windows of buildings in the B, M, and O-D districts, provided:

a.

The area of all such signs affixed to any one pane of glass shall not exceed 25 percent of the area of transparent glass on that pane.

b.

The total area of such signs shall not exceed 50 percent of the maximum permitted wall sign area for that business.

(18)

Temporary development signs. Signs announcing the owner, occupant, developer, architect, contractor and other persons or firms involved in the construction of the premises, provided:

a.

Such signs shall not exceed ten feet in height.

b.

The total area of such signs shall not exceed 16 square feet in R districts nor 32 square feet in other districts.

c.

Such signs shall not be installed prior to approval of a site plan or receipt of a building permit and shall be removed as soon as construction is completed.

(19)

Other similar signs, as determined by the zoning administrator.

(20)

Flaps with lettering, logos, symbols or words no greater than 13 inches in height and which may extend over the public right-of-way and up to 15 feet in height.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(e)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

All signs or sign structures which are not specifically exempted or permitted as defined in this article are prohibited. Signs prohibited by this section include, but are not limited to, the following:

(1)

Signs which are a public nuisance because of amplified sound, smoke, vapor, particle emission or objectionable odors.

(2)

Signs and/or sign structures which violate the visibility provisions of chapter 48-1103.

(3)

Signs and/or sign structures which are erected on any property without the express written permission of the property owner or his authorized agent.

(4)

Signs attached partly or wholly to the pitched or flat roof of a building; or any sign which projects above any part of the wall, parapet wall, mansard wall, marquee or canopy to which it is attached.

(5)

Signs painted on or attached to a vehicle or trailer, which is used primarily for advertising as opposed to transportation; provided, however, that this subsection shall not be interpreted to prohibit any sign information otherwise permitted to be mounted or painted on a vehicle or trailer, the primary use of which is transportation.

(6)

Any pennant or piece of material of any kind or color which moves in the breeze, other than banners and flags permitted elsewhere in this section.

(7)

Balloons and other devices, which are not specifically permitted elsewhere in this article, and which are designed to attract attention to goods or services available for sale.

(8)

Signs bearing statements, words or pictures of an obscene nature, as defined by section 28-117.

(9)

Signs having any moving or rotating parts or giving the illusion of motion or of flashing lights, except time, date, temperature displays.

(10)

Signs using photographic projection.

(11)

Signs using exposed light sources or mirrors or prisms that reflect a light source, and signs which violate the maximum permitted spillage and glare of light as specified in chapter 14, article IV, pertaining to outdoor lighting, except neon window signs and authentic reproduction neon signs for restoration of historic commercial structures on the inventory of the Official Register of Historic and Protected Structures and Sites.

(12)

Signs bearing the words "Stop," "Go Slow," "Caution," "Danger," "Warning" or other similar words or symbols which imply official warning or command, except for signs which are erected for such purpose.

(13)

Signs using traffic symbols of red, amber, and green in such combinations as to be confused with traffic control devices, or which have light sources so placed, designed, or used that the direct or reflected light creates a potential safety hazard to vehicles or pedestrians on a public right-of-way.

(14)

Signs which obstruct or interfere with a required door opening, sidewalk, fire escape route, exitway or air vent.

(15)

Signs which are placed less than six feet horizontally or 12 feet vertically from overhead wires.

(16)

Signs which advertise a business or use that has been discontinued for a period of 30 days or more.

(17)

Sign structures which no longer support a sign.

(18)

All signs and sign structures which do not comply with the provisions of this article, except for nonconforming signs shall be deemed prohibited.

(19)

Off-site signs, except as expressly permitted in this article.

(20)

Signs or sign structures, the permits for which have been revoked.

(b)

Prohibited signs shall not be permitted by variance.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(f)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

No sign or sign structure shall be erected unless it complies with the applicable requirements of the state building code and chapter 6.

(b)

All signs and sign structures shall be maintained in good repair and in a safe and secure condition. A sign or sign structure found by the city to be unsafe or insecure may be deemed a public nuisance, subject to the removal provisions of this article.

(c)

All signs and sign structures shall be such that each sign information item is clearly legible. A sign found by the city to show clear evidence of deterioration, including rust, faded colors, discoloration, holes and missing parts or information items, may be deemed a public nuisance, subject to the removal provisions of this division.

(d)

All sign illumination shall be by means of internal light sources or by external, shielded light sources. No illuminated sign shall be located within or closer than 50 feet to a residential district, except a sign under 24 square feet in size which is illuminated by shielded, external white light sources.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(g)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

Nonconforming signs may remain except as qualified, as follows:

(1)

Other than sign maintenance, no nonconforming sign shall be reconstructed, remodeled, relocated, changed in size or content to show a new trade name, different words, letters or numbers, new design, different colors or different logo, unless such action will make the sign conforming in all respects.

(2)

Nothing in this article shall be deemed to prevent keeping in good repair a nonconforming sign, and/or sign structure, including maintenance, repainting, and replacement of broken or deteriorated parts of the sign itself. Supporting structures for nonconforming signs shall not be replaced, unless such replacement will make the sign and sign structure conforming in all respects.

(3)

A nonconforming sign or sign structure that is destroyed or damaged by any casualty may be restored within six months after such destruction or damage only after the owner has shown that the damage did not exceed 50 percent of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent exceeding 50 percent, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming in all respects.

(4)

A nonconforming sign or sign structure shall be removed if the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding 50 percent of the building's appraised value.

(5)

Any nonconforming sign for which a permit was issued prior to January 1, 1981, shall be deemed a public nuisance, subject to the removal provisions of this article.

a.

If a nonconforming sign has more than one permit, the permit last issued shall be used to determine the date of removal.

b.

Under all circumstances, the zoning administrator shall provide at least 180 days' written notice to the owner of a nonconforming sign, prior to the date on which the sign is to be removed.

c.

Any pending appeal of the zoning administrator's notice shall delay the effective date of the notice until the appeal is decided. Any such appeal shall be filed within 30 days of delivery of the notice.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(h)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

Responsibility. The responsibility for removal of any sign or sign structure shall rest jointly and severally with the sign permittee, the sign owner, the owner of the premises on which the sign is located, and the occupant of the premises on which the sign is located.

(b)

Removal procedures. Any sign or sign structure which is or which becomes a prohibited sign or sign structure, the permit for which has been revoked, or which is otherwise found to be a public nuisance or in violation of the regulations of this article shall be subject to removal. The zoning administrator shall give written violation notice to the permittee or owner. Delivery of such notice to the place of business shall constitute constructive notice to the owner. If the permittee or owner fails to remove the sign or sign structure or to alter it to comply with the requirements of this article within 30 days for permanent signs or ten days for temporary signs from the delivery of the notification, such sign or sign structure may be removed by the city. The provisions of this subsection notwithstanding, the city may cause any such sign or sign structure which is located in a public right-of-way, or which, in its opinion, constitutes an immediate hazard or peril to persons or property, to be removed summarily and without prior notice.

(c)

Charge by the city. The city manager or designee shall levy the cost of moving, removing, correcting, storing or doing work on a sign or sign structure against any one of the following, each of which shall be jointly and severally liable for said charges: the sign permittee, the sign owner, the owner of the premises on which the sign is located, the person responsible for its erection, and the occupant of the premises on which the sign is located.

(d)

Removed signs to be stored. A sign or sign structure removed by the city shall be held no less than 30 days by the city during which period it may be recovered by the owner upon paying the city for cost of removal and storage, and upon payment of any imposed fine. If not recovered within the 30-day period, the sign or sign structure is hereby declared abandoned and title shall be vested in the city for disposal in any manner permitted by law.

(e)

Special remedies. Every sign or sign structure declared to be a public nuisance may be abated, enjoined, restrained, or removed by the city in any available legal proceeding or court action in addition to the other remedies specified by this article.

(f)

Liens. Whenever the city, in the enforcement of the provisions of this article, incurs any expense which cannot be collected through the provisions of this article, a lien may be placed upon the property on which the offending sign is or was located. Such lien shall be collected in the same manner as a tax lien.

(Code 1973, § 81-66; Code 1982, § 38-35(art. I(i)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

Signs permitted in R districts. The following signs shall be permitted in all R districts. See section 48-1269 for maximum permitted number of sign information items for each sign.

(1)

Signs for a public, charitable, or institutional use. Not more than two signs with a total area not exceeding 24 square feet shall be permitted.

(2)

Subdivision/apartment identification signs. At each street or driveway entrance to a residential subdivision or apartment project, a single identification sign shall be permitted. The area of each sign shall not exceed 15 square feet.

(3)

Multifamily rental office sign. One sign with a maximum area of three square feet shall be permitted.

(4)

Advertising sign for a tourist home, boardinghouse and/or roominghouse. One sign not exceeding three square feet shall be permitted.

(5)

Advertising signs for commercial uses permitted as accessory uses in a multifamily development. Advertising signs shall be permitted in accordance with the conditions set forth in the special use permit granted for that use.

(b)

Other regulations for freestanding signs. No permitted freestanding sign in a residential district shall be closer than five feet to a public right-of-way or closer than ten feet to an adjacent property line. Such signs shall have a maximum height of eight feet. The vision clearance requirements of article V, division 6 of this chapter shall apply.

(c)

Other regulations for wall signs. Sign height shall not exceed 15 feet.

(Code 1973, § 81-66; Code 1982, § 38-35(art. II(j)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

Signs permitted in R districts shall also be permitted. See section 48-1269 for maximum permitted aggregate sign area, and special provisions for increased sign area and maximum permitted number of sign information items for each sign.

(1)

Wall signs. Up to two wall signs shall be permitted for each ground floor business which has frontage on a street. In a multistory structure, no business other than a ground floor or second story business shall have a wall sign, except that the owner of the structure may provide that businesses on other floors may utilize one of the signs and a portion of the sign area otherwise provided herein for a ground floor or second story business.

a.

Sign area. The total area of the wall signs for each business shall not exceed one square foot per linear foot of building frontage occupied by the business up to a maximum of 50 square feet. For businesses which have frontage on more than one street, the size of each wall sign on any one street shall be limited by the amount of building frontage that the business occupies on that street.

b.

Location. On single-story buildings, no wall sign shall be higher than 20 feet above grade, nor shall such sign project above the wall, parapet wall, mansard wall or canopy to which it is attached. Such height shall be the minimum required to ensure visibility and shall in no case be higher than one foot below the top of the wall. On buildings with two stories or fewer, no wall sign shall be located higher than one foot below the top of the wall or cornice. On buildings with more than two stories, no wall sign shall be located higher than the bottom of the third floor windows. No wall sign shall obscure any part of a cornice, window or other architectural opening (whether used or not), nor the sill, frame, or headstone of such openings.

c.

Business in a shopping center, when street setback exceeds 70 feet. Each wall sign for each business shall not exceed two square feet per linear foot of the building frontage occupied by the business, up to a maximum of 40 square feet, plus one square foot per each additional two linear feet of building frontage up to a maximum sign area of 60 square feet. Total sign area for each such business shall not exceed the aggregate sign area permitted by section 48-1269.

(2)

Projecting signs. One projecting sign is permitted for each ground floor business, as follows.

a.

Area. Ten square feet shall be the maximum per business.

b.

Location. On a single-story building, no projecting sign shall be higher than 15 feet, nor shall such sign project above the cornice line of its supporting building or above the parapet wall or mansard wall to which it is attached. On a multistory building, no projecting sign shall extend above the lower sill line of the second floor windows. No projecting sign shall interfere with any part of a window or other architectural opening.

No projecting sign shall extend more than four feet from the wall of its supporting structure. Such sign may extend over a public or private sidewalk, but shall have not less than ten feet of clearance below the sign.

(3)

Freestanding signs. One freestanding sign shall be permitted for each commercial structure, shopping center, multi-tenancy structure, office complex, mixed-use development, or group of contiguous buildings under one ownership or control. A shopping center shall be permitted two freestanding signs, if the frontage of the property exceeds a total of 400 feet on one street. A freestanding sign shall contain only the name of the development and/or the names of no more than three businesses. A freestanding sign serving three or less businesses shall not be counted in the aggregate number of signs permitted for each business.

a.

Area. Only one street frontage shall be used for calculating sign area. The area of a freestanding sign shall not exceed one square foot for every four feet of street frontage, up to a maximum of 40 square feet. For shopping centers with more than 400 feet of frontage on a single street, the freestanding sign may be increased to 60 square feet in area, or alternatively, a second freestanding sign shall be permitted, with a maximum of 40 square feet. The area of the second freestanding sign shall not be counted toward the aggregate sign area for any business.

b.

Location. A freestanding sign shall be located along the street frontage used for calculating the sign's area. The minimum distance from an existing right-of-way line shall be five feet for any sign up to 30 square feet in area, eight feet for a sign over 30 and up to 50 square feet in area, and 12 feet for a larger sign; provided, however, if such sign is located within a planned right-of-way, the owner shall agree to relocate such sign at his own expense when the right-of-way is acquired by a public agency. No part of a freestanding sign shall be located closer than: five feet from a side lot line of a property not served by the sign; five feet to any building or other structure; or three feet to any vehicular use area, unless it is protected from damage by vehicles. No part of any freestanding sign shall be located so as to block the view of drivers entering or leaving the public right-of-way as defined in article V, division 6 of this chapter. No part of any freestanding sign shall be located within 30 feet of a residential district except signs which meet the size requirements of signs in the transitional district.

c.

Height. Maximum permitted sign height shall vary in accordance with sign area, as follows:

(4)

Window signs, permanent. One permanent window sign shall be permitted on each side of a building on which a ground floor business has street frontage.

a.

Area. No window sign shall exceed 25 percent of the total area of the window pane on which, or behind which it is located. In addition, sign area per business shall not exceed ten square feet on any street frontage. A single sign shall be permitted to extend over more than one pane of glass.

b.

Location. No permitted window sign shall be located in a window above the ground floor.

(5)

Arcade signs. One permanent arcade sign shall be permitted for each ground floor business that has an entrance onto an arcade. Such sign shall not exceed five square feet in area.

(6)

Sandwich signs. One sandwich sign shall be permitted for each ground floor business for which a freestanding sign is not permitted. Each sign shall be professionally designed and constructed and continually maintained.

a.

Area and dimensions. The area of each face of the sign shall not exceed ten square feet. The dimensions of each face shall not exceed 2½ feet in width or four feet in height. No extensions or projections shall be permitted.

b.

Location. The location of a sandwich sign shall be designated in the permit. Such sign may be located no less than five feet from a side lot line and 15 feet from the front of the building. Such sign may be located in a public right-of-way, provided at least four feet of clear sidewalk width is maintained. No such signs shall be located in a vehicle use area or in a vision clearance area.

c.

Sign information items. Sign information items shall be permanently inscribed on both faces of the sign and shall not be changed unless provided for in the permit.

d.

Hours of display. A sandwich sign shall be displayed only when the business is open.

e.

Stability. A sandwich sign shall be weighted or otherwise secured to reduce susceptibility to winds.

f.

Permits subject to revocation. In addition to other applicable provisions concerning permit revocation, the permit for a sandwich sign located in a public right-of-way may be permanently or temporarily revoked without notice, if the city manager or designee finds that the sign is a public nuisance or if the sign is in the way of city operations or if the sign is not properly maintained.

(7)

Temporary signs. All temporary signs other than exempt temporary signs shall require a permit. Such signs shall be displayed for a period not to exceed 60 days in any one calendar year. One temporary sign, not to exceed 20 square feet, shall be permitted.

(8)

Large helium or hot air balloons. Such balloons shall be at least ten feet in diameter, shall be no higher than 100 feet from the roof to which it is attached, shall require a permit, and shall be permitted for a period not to exceed three days and shall be used to advertise special events or promotions only.

(9)

Pedestrian-oriented signs. One sign selected from the types set forth below shall be permitted for each business in a multiple-tenancy development or shopping center, provided such signs are oriented toward pedestrians on the premises and are not designed or located to be read from a public street:

a.

A permanent wall sign for each exterior building entrance serving the public but not fronting on a street; provided the area of the sign does not exceed ten square feet; and provided the sign is located over or beside the entrance and meets the location criteria for permitted wall signs;

b.

A permanent window sign for each ground floor business where such window does not front on a street; provided the area of the sign does not exceed six square feet or 25 percent of the area of the window to which it is affixed, whichever is less; and provided the sign meets the location criteria for permitted window signs;

c.

A permanent projecting sign for each exterior building entrance serving the public but not fronting on a street; provided the area of the sign does not exceed three square feet; and provided the sign meets the location criteria for permitted projecting signs;

d.

A permanent arcade sign for each exterior building entrance serving the public but not fronting on a street; provided the area of the sign does not exceed three square feet; or

e.

A permanent freestanding sign not readable from a street; provided the area of the sign does not exceed six square feet and the height does not exceed three feet.

The area of such pedestrian-oriented signs shall not be counted in the aggregate permitted sign area for any business, and the signs shall not be counted in the maximum number of permitted signs for any business.

(10)

Building identification signs for buildings over four stories. One building identification sign of a horizontal orientation, up to a maximum of 80 square feet in area, designating only the name of the building or one corporate identity; shall be located between one to eight feet below the top of the cornice on one side of the building which faces a street front. Building identification signs shall be composed of individual stylized letters and shall not count toward the number of permitted signs and the total permitted aggregate sign area. The sign area will be calculated on the same ratio as wall signs per zoning districts up to a maximum of 80 square feet in area.

(Code 1973, § 81-66; Code 1982, § 38-35(art. II(k)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000; Ord. No. 1947, 2-8-2016)

All signs permitted in R districts shall be permitted. See section 48-1269 for permitted aggregate sign area.

(1)

Wall sign. One wall sign shall be permitted for each ground floor business, subject to the same conditions set forth in section 48-1265, except that the maximum sign area shall not exceed ten square feet. In the event a ground floor business chooses not to utilize a freestanding sign, projecting sign, window sign or arcade sign, the maximum area of the wall sign shall not exceed 15 square feet.

(2)

Projecting sign. One projecting sign shall be permitted for each business, subject to the same conditions as set forth in section 48-1265.

(3)

Freestanding sign. One freestanding sign shall be permitted for each building, subject to the same conditions as set forth in section 48-1265, except that the maximum sign area shall not exceed ten square feet and the sign height shall not exceed eight feet.

(4)

Window sign. One permanent window sign shall be permitted for each business, subject to the same conditions as set forth in section 48-1265, except that the maximum sign area shall not exceed ten square feet.

(5)

Arcade sign. One arcade sign shall be permitted for each business, subject to the same conditions as set forth in section 48-1265.

(6)

Temporary signs. Temporary signs other than exempt temporary window signs shall be permitted, subject to the same conditions as set forth in section 48-1265, except that no permitted temporary sign shall exceed ten square feet in area.

(7)

Pedestrian-oriented signs. Pedestrian-oriented signs shall be permitted, subject to the same conditions as set forth in section 48-1265.

(Code 1973, § 81-66; Code 1982, § 38-35(art. II(l)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

Sign regulations shall depend upon and be appropriate to the uses allowed in the municipal center area in subsection 48-586(1) and in the principal uses allowed in the historic area in subsection 48-586(2).

(Code 1973, § 81-66; Code 1982, § 38-35(art. II(m)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

The following provisions apply to certain uses which require special regulation, due to their unique advertising needs or to site development that does not provide an adequate basis for normal sign regulation. See section 48-1269 for overall maximum sign area permitted.

(1)

Parking lots.

a.

Permitted sign types and information. Where a commercial parking lot is the principal use of a site, it shall be permitted one freestanding sign for each entrance plus one window or wall sign.

b.

Sign area. The total area of all signs on the lot shall not exceed 50 square feet.

c.

Location, height, and other conditions. In all respects, other than the special provisions described in this section, signs shall comply with the provisions of the category of wall, window or freestanding signs within which they fall, as well as all other provisions of this article.

(2)

Temporary stands or temporary outdoor display area.

a.

Number of signs. When temporary stands or temporary outdoor display areas are permitted, pursuant to section 48-868, up to three temporary signs shall be permitted on the same site as the temporary stand or display area, in addition to any other permitted signs on the site to advertise the products to be sold.

b.

Area. The total area of a single sign shall not exceed 32 square feet, and the total area of all such signs shall not exceed 50 square feet. The area of these temporary signs shall not be counted toward the area permitted for permanent signs.

c.

Location, height and other conditions. In all respects other than area and number of signs, the permitted temporary signs shall comply with the requirements for location, height and other conditions provided for permanent signs in commercial districts.

d.

Price tags. The presence of price tags or other small descriptive notices not exceeding one square foot per item, attached to each item offered for sale, and intended to give information regarding the specific item offered for sale, shall not be considered as advertisement. No other price tag or advertising media shall be permitted.

e.

Time limit. Signs for temporary stands or temporary outdoor display areas shall be permitted to remain only for the duration of the permit for the stand or display area.

(Code 1973, § 81-66; Code 1982, § 38-35(art. II(n)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

Permitted number of sign information items. The amount of information displayed on a permitted sign shall be regulated by limiting the number of sign information items in accordance with the schedule set forth as follows:

(1)

Sign information items shall be counted in accordance with the following:

a.

A word or word segment, if the entire word is absent.

b.

A single name.

c.

An initial or a single letter.

d.

A design or graphic logo customarily used by the business on other advertising materials, such as letterhead.

e.

A symbol, including, but not limited to, an arrow, star, ampersand, profile, or other graphic or pictorial shape or outline.

f.

An address, but counting each street number and name as a separate item.

g.

Each color (including black and white) not counting the first two.

h.

The shape of the sign, counting a circle, oval, triangle or quadrangle as one item and all other shapes as two items.

i.

A frame or decorative border surrounding the basic design, such as a colored border or wrought iron ornamentation.

j.

A price, including the dollar or cent sign.

k.

A telephone number shall count as one information item.

The structure supporting the sign shall not count as a sign information item, unless it contains advertising material or is multicolored.

(2)

Sign information items shall be counted and totaled for each sign face. The permitted number of sign information items shall be as follows:

a.

For a permitted sign area of five or less square feet: five items.

b.

For a permitted sign area over five square feet: one item per square foot of sign, up to a maximum of 15 items.

(3)

The requirements of this section shall not apply to the following signs:

a.

Any sign with a permit issued prior to the adoption of the ordinance from which these regulations are derived.

b.

Theater signs with changeable information.

c.

Temporary signs.

d.

Exempt signs.

(b)

Aggregate permitted sign area and maximum number of permitted signs. Within each district, a variety of signs shall be permitted for each business. For each business, the aggregate area and maximum number of all permitted permanent signs of whatever type shall be restricted to an overall maximum permitted area and number, except that permitted freestanding signs serving more than two businesses, pedestrian oriented signs, temporary signs and exempt signs shall be excluded from the calculations of both aggregate permitted sign area and maximum number of signs. Subject to the requirements contained in sections 48-1264 through 48-1267, the aggregate permitted sign area and maximum number of signs per business shall be limited in accordance with the following table:

(Code 1973, § 81-66; Code 1982, § 38-35(art. II(o)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

Application. Prior to the alteration or installation of a sign or sign structure that requires a permit, an application shall be submitted to the zoning administrator containing the following information:

(1)

Drawings to scale, depicting the design of each sign face and sign structure, with dimensions, total area as defined by this article, sign height, color scheme, and details of structure, materials and lighting.

(2)

A plan of the property, drawn to scale, depicting the proposed location of the sign and sign structure in relation to existing and proposed buildings, streets and signs.

(3)

Samples or pictures of sign facing material and colors.

(4)

Elevations of building facades, drawn to scale, showing the principal facade features and the proposed locations of any wall signs, window signs, projecting signs and arcade signs, or, alternatively, photographs showing the same information.

(5)

Consent of the owner, or lessee (or authorized agent) of the building, structure or land to which or on which the structure is to be erected.

(6)

Consent in writing that city officials may enter upon the premises to enforce the provisions of this article including inspection and that the city manager or designee may remove and dispose of any sign that violates the provisions of the article which is not removed by the permittee, owner or occupant of the premises, as required by this article.

(7)

Consent in writing to indemnify and to hold the city harmless from any and all damages, liability, judgments, costs or expense which the city may insure or suffer as to such signs or advertising structures. A bond or liability and property damage insurance policy approved by the city manager or designee may be required.

(8)

The license number of the contractor who will erect the sign.

(b)

Fees. A fee shall accompany the application, in an amount to be determined from time to time by the city council. Such fee shall be nonrefundable, even if the permit is subsequently denied, continued, revoked or terminated for any reason.

(c)

Application process. Upon receipt of a complete application for a sign permit, the zoning administrator shall schedule the application for review by the architectural advisory board, if required. Following any review, the zoning administrator shall forward the application to the division of inspections for review. If required, separate building, electrical or other permits shall be obtained prior to issuance of the sign permit by the zoning administrator.

(d)

Architectural advisory board review. The architectural advisory board shall review all applications for permanent permitted signs. Such review shall consider the proposed sign information items, colors, design, location, lighting, materials, textures, and appropriateness of the proposed signs in relation to other signs and structures on the premises and nearby. The board shall recommend to the applicant and zoning administrator such modifications or adjustments it determines necessary to carry out the intent of this article; the architectural advisory board is advisory only. The applicant and zoning administrator shall consider these recommendations in the final disposition of an application. The zoning administrator shall place any applications for signs that comply with all requirements of this article, and which do not involve a variance on the board's consent calendar, thereby minimizing the board's review of complying signs and expediting the application process for the applicant. Any member may remove an application from the consent calendar for discussion. A majority vote shall be required either to recommend approval or to defer action on such application until the board's next meeting.

(e)

Permit numbers. Each sign permit issued shall be numbered in a manner prescribed by the zoning administrator. The owner of the sign shall post the permit number on the sign or sign structure, in a location acceptable to the zoning administrator.

(f)

Conditional variances. The board of zoning appeals, pursuant to the same powers and authority and in accordance with the same requirements and procedures of section 48-172(6) and (7) and section 48-173(a) and (c) may grant conditional variances; provided all variances granted shall be in harmony with the intent, spirit and purpose specified in this article. The architectural advisory board shall review all such applications for conditional variances prior to consideration by the board of zoning appeals and shall report in writing to the board of zoning appeals all recommendations, annotations and stipulations. In granting a variance, the board of zoning appeals may attach such conditions regarding the location, duration, character or other features of the sign as it may deem advisable to further the purpose of this chapter.

(g)

Revocation of sign permit. The zoning administrator may revoke any permit issued under this article in any instance in which the sign or sign structure is found to be in violation of any provision of this article, unless the permittee promptly corrects such violation. If the work authorized under a sign permit has not been completed within six months for an existing business and 12 months for new construction or major renovation after date of issuance, said permit shall be revoked. Any sign or sign structure, the permit for which has been revoked, shall be subject to the removal provisions of this article.

(h)

Liability for damages. The provisions of this article or the issuance of any sign permit shall not be construed as relieving or limiting any liability of the person erecting, owning or maintaining any sign and/or advertising structure from personal injury or property damage; nor shall this article or the issuance of any sign or building permit impose upon the city or its officials or employees any responsibility or liability to any person.

(Code 1973, § 81-66; Code 1982, § 38-35(art. III(p)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

The division of inspections and/or zoning administrator shall make inspections and tests necessary to obtain compliance with provisions of this article. The inspector shall always present proper identification to and request entry from the owner or occupants of the premises. If entry is refused, the inspector, showing reasonable cause to believe the existence of a violation, shall apply to the municipal court for a warrant authorizing entry.

(Code 1973, § 81-66; Code 1982, § 38-35(art. III(q)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

The notice and order required by this article shall be given to the persons specified by this article and/or to the owner or occupant of the premises on which the sign is located as shown on the city tax assessment records or on the sign permit. Such notice, in writing, may be served in person or by certified mail, return receipt requested.

(Code 1973, § 81-66; Code 1982, § 38-35(art. III(r)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

Any violation of any provision or requirement of this article shall be subject to the penalty specified in this Code. A fine as required by law may be imposed in addition to the charge for cost of removing or storing signs and/or sign structures by the city.

(Code 1973, § 81-66; Code 1982, § 38-35(art. III(s)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

Any person who has been ordered by the zoning administrator to incur an expense for the alteration or removal of a sign or sign structure or any person whose application for a permit for a sign has been refused or disapproved may appeal to the board of zoning appeals by serving written notice to the zoning administrator within 30 days of the issuance of the order complained of. Such appeal shall be transmitted to the board of zoning appeals as provided elsewhere in this chapter. Upon the filing of a notice of appeal, the zoning administrator shall take no further action with regard to the sign and/or sign structure involved until the final decision of the board of zoning appeals has been rendered. However, if the city finds that the sign and/or sign structure involved, by reason of condition, location or nature, presents an immediate and serious danger to the public, the city shall proceed immediately as provided in the section on removal of signs.

(Code 1973, § 81-66; Code 1982, § 38-35(art. III(t)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)

(a)

Sign contractors to be licensed. No person or corporation shall engage or continue in the principal business of erecting, maintaining or replacing any sign and/or advertising structure or perform any such acts for compensation without first having obtained a license for such work from the division of inspections. Such licenses shall be subject to renewal annually. However, nothing in this section shall require a sign contractor or sign maker to obtain a license prior to contracting for sign alteration, construction, erection, painting, renewal or repair where the total contract prices for all work done within the city in any calendar year is less than $1,000.00.

(1)

An annual license fee in an amount determined from time to time by resolution of the city council shall be assessed for each license issued or renewed under the provisions of this article.

(2)

The division of inspections shall determine prior to the issuance of the license required by this article, the general competence of each applicant by means of written examination. Such examination shall include questions relating to applicable city and state laws regulating signs and generally accepted construction procedures.

(3)

Application for licenses or renewal of licenses shall be made on forms furnished by the division of inspections and shall contain such information as the division of inspections may require.

(4)

The division of inspections shall have the right, after 30 days' notice in writing to the licensee, to revoke any license granted upon repayment of a proportionate part of the license fee where it shall find that application information is knowingly false or misleading or that the licensee has violated any of the provisions of this section unless such licensee shall, before the expiration of such 30 days, correct such information and comply with the provisions of this article.

(5)

Nothing in this article shall be construed to require the manufacturer, assembler or maker of prefabricated or preassembled sign parts, who does not make or store these parts or materials within the city, to be licensed; provided, however, that when such vendors perform operations other than sales within the city limits, they shall be licensed as required by this article.

(b)

Bonds and insurance. Every applicant for a license required by this article shall, before such a license is granted, file with the division of inspections, a continuing bond in the total sum of $1,000.00 executed by the applicant and a surety company to be approved by the city manager or designee. Said bond shall ensure the faithful observance of the provisions of this article and all amendments, and of all state laws and this Code relating to signs and/or advertising structures, and shall indemnify and save harmless the city and its officials from any and all claims, damages, liabilities, losses, action suits or judgments which may be presented, sustained, brought or secured against the city or any of its officials by reason of the granting of said licensee or on account of the erection, maintenance alteration or removal of any sign or by reason of any accident caused by or resulting therefrom.

(Code 1973, § 81-66; Code 1982, § 38-35(art. III(u)); Ord. No. 627; Ord. No. 763; Ord. No. 838; Ord. No. 1115, 7-22-1985; Ord. No. 1185, 5-11-1987; Ord. No. 1401, 5-26-1992; Ord. No. 1501, 2-27-1995; Ord. No. 1565, 1-13-1997; Ord. No. 1633, 2-22-1999; Ord. No. 1691, 11-27-2000)