Editor's note— Ord. No. O-44-08, § 3, adopted Sept. 2, 2008, repealed § 130-471, which pertained to definitions. See the Code Comparative Table for complete derivation.

The purpose of this article is to:

(1)

Facilitate and enhance the creation of an attractive and aesthetically pleasing environment.

(2)

Reduce traffic hazards for pedestrians and motorists.

(3)

Protect property values by minimizing the adverse effect of signs on nearby property.

(4)

Promote prosperity and economic development, including the encouragement of new growth in the community.

(5)

Improve the comfort and convenience of the inhabitants of and visitors to the city.

(6)

Further the objectives of the comprehensive plan and other provisions of this chapter.

(7)

Encourage the effective use of signs as a means of communication.

(Code 1982, § 24-140)

The purpose of this article is to establish regulations for the erection and maintenance of off-premises signs. It is determined that, while signs are a proper commercial use of private property in certain areas of the city and under certain zoning classifications and are entitled to the protection of the law, such signs should be reasonably regulated in the interest of the public safety and welfare and to safeguard and promote the aesthetic quality of the city by the establishment of standards for the number, size, height, spacing and illumination of such signs. Any sign allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this article.

(Code 1982, § 24-141)

(a)

Permit required. Unless exempted or prohibited as provided in this article, all off-premises signs shall require permits as provided in this section. Application for a permit shall be made to the building official and shall be accompanied by such drawings, plans, specifications and engineering designs as may be necessary to fully advise and acquaint the building inspector with the proposed sign and sign location and be accompanied with the deed, lease or other agreement by which the applicant has the right to erect, use or maintain the proposed sign at that location. Except as may be further restricted in this article, no permit for an off-premises sign shall be issued without the applicant first having presented documentation of the removal of an existing sign of equal or greater size; provided, however, that a permit for a sign may be issued if an applicant produces documentation that a sign of equal or greater size was removed because of an act of God or nonrenewal or cancellation of a lease not initiated by the applicant. If the applicant causes for any reason the removal of a conforming sign, then an additional sign shall be removed from a scenic drive or a nonconforming sign shall be removed before a permit can be issued. All such documentation shall be subject to stringent enforcement. For the purposes of this subsection:

(1)

Signs on scenic drives shall be removed before signs in any other location; and

(2)

If no signs of the applicant exist on scenic drives, the nonconforming signs shall be removed until all nonconforming signs are removed.

(b)

Prohibited signs. The following signs are prohibited:

(1)

Lights and signs that resemble any emergency vehicle markings.

(2)

Signs that produce noise or sounds capable of being heard, including nondistinguishable sounds.

(3)

Signs which emit odor, visible smoke, vapor or particles.

(4)

Abandoned signs.

(5)

Signs attached to trees, utility poles, or streetlights or placed on any public property except for authorized banners or signs advertising community or cultural events on city-owned utility or streetlight poles on Broad Street between First Street and Seventh Street, Chestnut Street between First Street and Seventh Street, Wall Street between Norris Avenue and Meighan Boulevard, Tuscaloosa Avenue between Sixth Street and Twelfth Street, East Broad Street between Hood Avenue and Hoke Street, and as otherwise authorized by ordinance.

(6)

Stacked signs that are separate sign displays mounted one above the other, whether on unified or separate structures.

(7)

Off-premises signs located within 400 feet of scenic drives or corridors.

(8)

Signs painted or drawn upon any building wall or roof.

(9)

Three-sided signs.

(c)

Decal. A permanent decal, bearing the permit number, will be issued by the building official with the permit. It shall be the responsibility of the applicant to ensure that the decal is affixed to the permitted sign in a manner that the decal is clearly and easily visible and readable.

(Code 1982, § 24-143; Ord. No. O-34-05, § 2, 3-29-2005)

(a)

Prior to the issuance of a permit under this article, fees for off-premises signs shall be payable as specified in this section. These fees are in addition to and not in lieu of any other fees or licenses required.

(1)

Off-premises sign application fee: $0.20 per square foot of sign face with a minimum fee of $100.00.

(2)

Annual off-premises sign fee: $25.00 per structure.

(b)

Annual fees must be paid by January 31. No additional permits will be issued until such annual fee has been paid, including permits that are pending.

(Code 1982, § 24-144)

(a)

Use of vehicle or trailer prohibited. It shall be unlawful to use a vehicle or trailer as a sign in circumvention of this section.

(b)

Design, construction and maintenance. All signs shall be designed, constructed and maintained in accordance with the following standards:

(1)

All signs shall comply with applicable provisions of the building code and the electrical code of the city at all times.

(2)

The area around any freestanding sign shall be kept clean of trash and litter and shall present a neat and healthy appearance.

(3)

Exposed backs of signs must be painted a single, neutral color, presenting an attractive and finished appearance.

(4)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes and in conformance with this Code at all times.

(5)

No off-premises sign structures shall be located on, or project over, any public property or right-of-way except authorized banners or signs advertising community or cultural events on city-owned utility or streetlight poles on Broad Street between First Street and Seventh Street, Chestnut Street between First Street and Seventh Street, Wall Street between Norris Avenue and Meighan Boulevard, Tuscaloosa Avenue between Sixth Street and Twelfth Street, East Broad Street between Hood Avenue and Hoke Street, and as otherwise authorized by ordinance.

(6)

No off-premises sign shall be permitted on top of any building or rooftop.

(7)

It shall be unlawful to construct an off-premises sign where such construction would require the removal of any tree 12 inches in diameter or greater.

(Code 1982, § 24-145; Ord. No. O-34-05, § 3, 3-29-2005)

In addition to the other provisions of this article and other ordinances of the city, off-premises signs must comply with the following regulations:

(1)

Maximum size.

a.

The maximum sign area shall be 672 square feet (excluding cut out extensions), with a maximum height of 20 feet and a maximum length of 50 feet. The cumulative area of all extensions on any one sign shall not exceed 15 percent of the area of the sign, excluding extensions.

b.

An off-premises sign structure may contain two sign faces oriented in the same direction. Signs may be placed back to back or V-type, provided that the total area of the sign face oriented in any one direction shall not exceed maximum size provisions.

(2)

Lighting. Off-premises signs shall not be erected or maintained which contain or are illuminated by intermittent lighting, except those giving public service information such as, but not limited to, time, date or temperature.

(3)

Minimum spacing and setback requirements.

a.

The minimum spacing of all off-premises signs on the same side of the street shall be 1,000 linear feet measured along the centerline of the street.

b.

The minimum spacing for all off-premises signs which are on opposite sides of the street shall be 500 linear feet measured along the centerline of the street.

c.

When an existing off-premises sign is located within 300 feet of the right-of-way of any street or highway intersection, including the intersection of streets or highways not at grade, no additional sign shall be spaced less than 1,000 feet apart as measured along the centerline of the streets regardless of the street from which the signs are intended to be viewed.

d.

Any off-premises sign erected within 12 feet of the right-of-way of intersecting streets, private drives, railroad crossings or alleys shall be a minimum of eight feet above the level of the pavement of such streets.

e.

From any residentially zoned property, public park or school, measured from the nearest edge of the sign, there shall be a setback of at least the following:

1.

For off-premises signs larger than 300 square feet:

i.

An area extending 400 feet along the street (chord distance) from any point where the residentially zoned property touches the street right-of-way on the same side of the street as the sign; or

ii.

A circle 75 feet in radius from other residentially zoned properties.

2.

For off-premises signs less than 300 square feet:

i.

An area extending 200 feet along the street (chord distance) from any point where the residentially zoned property touches the street right-of-way on the same side of the street as the sign; or

ii.

A circle of 75 feet in radius from other residentially zoned properties.

(4)

Maximum height. The maximum height of any off-premises sign shall be 40 feet, except that in areas where the ground level is lower than the main-travelled way of the street or highway to which the sign is directed, then the maximum height shall be extended to a height of 25 feet above the plane of such main-travelled way.

(5)

Scenic drives. The scenic drives established in this article consist of the following:

a.

Noccalula Road from Tuscaloosa Avenue north and northwest to a point at the city limits line on the west side of I-59.

b.

U.S. Highway 411 from the corporate limits in the north to the corporate limits in the south.

c.

Interstate 759 from George Wallace Drive to Interstate 59.

d.

Highland Avenue from North Eighth Street to Bellevue Drive.

(Code 1982, § 24-146)

Any abandoned sign which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the land, building or structure upon which such sign may be found within ten days after written notification from the building official. Upon failure to comply with such notice within the time specified in such order, the building official is hereby authorized to cause removal of such sign, and any expense incident thereof shall be paid by the owner of the land, building or structure to which such sign is attached.

(Code 1982, § 24-147)