In addition to the purposes set forth in sections 130-2 and 130-472, this article is enacted to protect the health, safety, welfare, convenience and enjoyment of the general public by establishing regulations for the erection and maintenance of signs. It is determined that, while signs are a proper commercial use of private property and an important function in identifying properties, businesses, services, residences, events, and other matters of public interest which 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 establishment of standards for the number, size, height, spacing and illumination of such signs. The purposes of this article are as follows:

(a)

To protect the city's appearance and the quality of life of its citizens.

(b)

Protect the public from the danger of unsafe signs, and from the degradation of the aesthetic qualities of the city.

(c)

To preserve, protect and enhance areas of historical, architectural, cultural, aesthetic and economic value, regardless of whether they are natural or human-made.

(d)

To establish standards and provide controls that permits reasonable use of signs and enhance the character of the city.

(e)

Support and promote the use of signs to aid the public in the identification of businesses and other activities, to assist the public in its orientation within the city, to express the history and character of the city, to promote the community's ability to attract sources of economic development and growth, and to serve other informational purposes.

(f)

To protect the safety and efficiency of the city's transportation network by reducing the confusion and distraction to motorists, reducing collision hazards and enhancing the motorists' ability to see pedestrians, obstacles, other vehicles and traffic signs.

(g)

To integrate sign regulations more effectively with general zoning regulations by establishing specific requirements for signs, related to setbacks, height restrictions and spacing to allow for lighting, ventilation and preservation of views in a manner consistent with land uses in the city.

(h)

Avoid excessive competition for large or multiple signs, so that permitted signs provide identification and direction while minimizing clutter, unsightliness, confusion, and hazardous distractions to motorists.

(i)

To preserve the views of natural resources, green space and other open spaces from unnecessary blight and blockage caused by signage.

(j)

To protect adjacent and nearby properties from the impact of lighting, number, size, height, movement and location of signs.

(k)

To enhance the impression of the city conveyed to tourists and visitors by controlling the location and number of signs.

(l)

To encourage signage and other private communications which aid orientation, identify activities, express local history and character or serve other educational purposes.

This article is not intended to inhibit an individual's right to express noncommercial messages protected by the First Amendment of the United States Constitution.

These regulations shall apply to all signs erected, constructed, displayed, painted, maintained, altered, and or installed in every zoning district in the city, which are designed or intended to be seen by or attract the attention of the public which are legible from any public property or private property other than the one on which the sign is located. No sign shall be erected or installed unless it is in compliance with the regulations of this article.

(Ord. No. O-44-08, § 2, 9-2-2008)

(a)

Applicability. No person shall erect, alter, relocate, repair, replace the face of, or change a sign without first obtaining a permit, excepting such signs as set forth in section 130-483 (signs allowed without permit), except for the following actions which shall not require a permit:

(1)

Changing the copy, announcement or message on a changeable copy sign;

(2)

Cleaning, painting, or comparable maintenance of a sign that does not alter the size, image or message of the sign;

(3)

Erecting a sign for which a permit is not required in accordance with section 130-483 (signs allowed without permit).

(b)

Procedure. All sign permits shall be procured in accordance with the following procedure:

(1)

A written application shall be submitted to the chief building official for review and processing. The chief building official, only upon determination that all requisite documentation and fees accompany the application form, will accept the application. The application shall include supplementary information as may be specifically requested by the chief building official to determine compliance with these regulations.

(2)

The chief building official shall review the application, plans, and specifications to determine whether the proposed sign conforms to all applicable requirements of these regulations.

(3)

All applications for signs must conform to the following provisions:

a.

All signs must comply with the applicable provisions of the International Building Code then in effect.

b.

The determination of compliance with the applicable codes shall be made by the chief building official following the normal procedures of that office for reviewing structures.

(4)

An application for a building permit for a sign shall be approved or disapproved by the chief building official within ten days of the date of submittal of a complete application. If the chief building official determines that an application is incomplete, the official shall notify the applicant in writing of the specific items that are missing or incomplete; such notice shall be given within five days of the date of submittal of the application.

(c)

Submittal requirements. No request for a sign permit shall be considered complete until the following have been submitted to the chief building official:

(1)

The application form shall be submitted with all required information completed by the applicant. The application form is available from the office of the chief building official or the city's website.

(2)

Plans and specifications for the proposed sign shall be submitted, drawn to scale, and include the following:

a.

Site plan of development site showing location of any freestanding sign(s) in relation to any easements, public rights-of-way, property lines, buildings, sight distance triangles and other signs on the property;

b.

Main or entrance facade including linear dimension;

c.

Dimensions and elevations (including message) of all signs;

d.

Dimensions of any supporting structures for signs;

e.

Maximum and minimum height of sign, as measured from finished grade;

f.

For illuminated signs, indicate type and placement of illumination;

g.

Inventory of number, type, location, and display area of all existing signs on the same property and/or building on which the sign is to be located.

(3)

A sign permit shall be valid for a period of 180 days after issuance. Failure to fully construct the sign within the allotted time period shall void the permit and necessitate reapplication including payment of all applicable fees. Any sign erected after 180 days from the original issuance of the permit for which a new permit has not been issued for an additional 180 days, shall be considered an illegal sign and can be subject to removal pursuant to the requirements of section 130-488 (illegal signs).

(Ord. No. O-44-08, § 2, 9-2-2008)

The signs listed in this section are allowed without a sign permit and are not to be included in determinations of the allowable numbers, type and area of signs that require a sign permit. (Nothing in this section shall exempt an individual who desires to erect a sign from the necessity of obtaining a building permit, as may be required by the building code.) Signs exempted in this section must conform to the standards enumerated herein and shall not be placed or constructed so as to create a hazard of any kind.

(a)

Address numbers. Address numbers used for the purposes of identifying the E-911 address shall be in accordance with section 110-4.

(b)

Banners.

(1)

Banners bearing no commercial message may be utilized for special community events open to the general public and sponsored by noncommercial civic, charitable, community, or similar organizations provided:

a.

Banner signs shall not be located on the public right-of-way of any public street and shall be limited to one banner sign per street frontage.

b.

Banner signs may be posted up to 14 days.

c.

Banner signs shall be promptly removed within two days after the conclusion of the event.

d.

Banner signs shall not exceed 32 square feet.

e.

Nothing in this provision shall be construed to authorize the posting of such signs or banners upon trees, utility poles, traffic control signs, lights or devices in any place or manner prohibited by the provisions herein, nor on private property without written consent of the owner.

f.

Banners as allowed in accordance with section 110-10.

(2)

Commercial banners. Banners may be utilized by commercial establishments provided:

a.

Banner signs shall not be located on the public right-of-way of any public street.

b.

Banner signs may be posted up to 14 days.

c.

No more than four banners per calendar year shall be allowed for any one commercial establishment.

d.

Banner signs shall not exceed 32 square feet.

e.

In multi-tenant properties or shopping centers, each tenant may have no more than one banner per street frontage provided that a banner sign shall not be located closer than 100 feet from another such banner sign on the same premises or site.

f.

Banner signs shall not be used as a permanent sign.

g.

Nothing in this provision shall be construed to authorize the posting of such banners upon trees, utility poles, traffic control signs, lights or devices in any place or manner prohibited by this article. Any posting on private property without the consent of the owner is prohibited.

(c)

Temporary construction signs—Subdivision entrances. As a temporary use accessory to the permitted activity of lawful subdivision development, one temporary construction sign shall be allowed at each principal entrance to the subdivision; provided however; there shall in no case be more than one such sign for each 50 lots in a proposed subdivision. Such sign shall not be illuminated and shall not exceed 32 square feet in area and eight feet in height and may be maintained for a period of two years or until the permanent neighborhood sign is installed, whichever is earlier. For a subdivision that is developed in phases or sectors, an additional temporary sign shall be allowed at the entrance to each new sector, provided that there shall be no more than one such sign for each 50 lots in sectors under development. Each such sign may remain in place until 90 percent of the lots in the sector are sold, but no longer than three years from the date of erection. All such signs shall be located at least 15 feet from the pavement edge or edge of the street or thoroughfare to which it is directed, but not within the sight triangle.

(d)

Temporary construction signs—Development entrances. As a temporary use accessory to the permitted activity of lawful commercial development, one temporary construction sign shall be allowed at each principal entrance to the development. Such signs shall not be illuminated and shall not exceed 32 square feet in area and eight feet in height and may be maintained for a period not to exceed two years or until the permanent development sign is installed, whichever is earlier. All such signs shall be located at least 15 feet from the pavement edge or edge of the street or thoroughfare to which it is directed, but not within the sight triangle.

(e)

Traffic, pedestrian directional signs. A sign that is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property for which its use is intended. Sign may also display the name and/or logo of an establishment. No directional sign shall exceed six square feet.

(f)

Directory signs. A wall-mounted sign which is not designed or located so as to be legible from any street or adjoining property, listing the businesses, tenants, or activities conducted within a building or group of buildings or containing any noncommercial message. Such directory signs are limited to one per building and shall not exceed 20 square feet in size.

(g)

Hazard-warning signs. Signs warning of construction, excavation, or similar hazards. Signs such as "No Trespassing" and "No Parking" as long as they do not contain logos or text advertising a commercial product or activity.

(h)

Employment opportunity signs. Signs which advertise job vacancies for employment opportunities with the business or activity on the property on which the sign is located. Each such sign shall be limited to six square feet in size. Only one sign shall be allowed per business at any one time.

(i)

Holiday decorations. Temporary holiday decorations used to celebrate a single holiday or season.

(j)

Signs interior to property. Signs not legible from public right-of-way or adjacent properties, such as signs interior to a shopping center, commercial buildings and structures, ball parks, stadiums and similar uses.

(k)

Menu board. For any establishment with a drive-up or drive-through window, a permanent sign not designed or located so as to be legible from any public right-of-way, depicting products that can be purchased on site (e.g. fast food restaurants) such as a drive-through menu service. Such sign shall not exceed 32 square feet in size or eight feet in height.

(l)

Noncommercial-message signs. A non-electrical sign identifying only the name and occupation or profession of the occupant of a nonresidential property on which the sign is located or bearing any noncommercial message. A nameplate shall not exceed two square feet in size or bearing any noncommercial message.

(m)

Official government signs and notices. Official federal, state or local government traffic, directional and informational signs and notices issued by any court, person, or officer in performance of a public duty. Also, any sign erected by a federal, state, or local government agency for identification purposes at any office, institutional, recreational, historical or other publicly owned or recognized site.

(n)

Flags not bearing a commercial message. Official flags must be flown in a manner that meets Federal Law, 4 U.S. Code Sections 1-10.

(o)

Election or campaign signs.

(1)

The size and number of political signs are subject to the general provisions of subsection (r).

(2)

A truck or other vehicle displaying a sign containing no commercial message and no larger than 32 square feet in area may circulate in the streets of the city.

(3)

Such signs are confined wholly to placement on private property.

(4)

Pursuant to Code of Ala. 1975 § 23-1-6, it is unlawful to erect or display political signs on any property owned or controlled by the state, city or on school board property. This shall include public rights-of-way, trees, light poles, sidewalks, streets, benches, fire hydrants, public parks or playgrounds, libraries, fire stations, city hall, and schools.

(5)

The regulations of this section do not prohibit the purchase of advertising space on permitted advertising signs in addition to the signs allowed by this section.

(p)

Real estate—For sale signs.

(1)

In addition to all other signs allowed by this article, during any time that all or a portion of a property is available for sale, lease, or rent, there may be located on such property additional, temporary signs conforming to this section. Such temporary signs may bear a commercial message indicating the property on which the sign is located is for sale, rent or lease or any noncommercial message. Only one sign is permitted to face each street adjacent to the property. Signs related to the sale, lease or rental of the premises shall be removed within two days after the deed, lease or other document representing the transaction is completed.

(2)

All real estate signs bearing a commercial message shall be located only on the property that is for sale, lease or rent and all such signs shall be located at least five feet from the curb or street edge and in all cases not on city property or right-of-way.

(q)

Garage or yard sales, etc. In addition to all other signs allowed under this article, at any time there is an occasional sale of personal property (such as through a garage or yard sale) on such property, the occupant of that property may erect additional temporary signs under this subsection, which signs may bear a message related to the sale of such personal property. Only one sign is permitted to face each street adjacent to the property and each sign shall not exceed six square feet. Such signs shall be located at least five feet from the curb or street edge and in all cases not on city property or right-of-way. Signs related to the sale of personal property shall be removed within 24 hours after the conclusion or end of the sale. Signs for the multi-state yard sale shall be in accordance with section 22-66(c).

(r)

Noncommercial messages. Any temporary sign which bears a noncommercial message provided that such signs shall not exceed 24 square feet and shall be located at least five feet from the curb or street edge and in all cases not on city property or right-of-way.

(s)

Size restrictions. In non-residential, neighborhood business, and office zoning districts, at any time that there are no signs on a property under the provision for "real estate for sale signs" (see subsection (p)), temporary signs bearing a noncommercial message up to 32 square feet in size are allowed. It is the express intent of this provision not to limit the number of 32 square-foot signs on each property but to make it clear that such signs can be used to advertise a property "for sale or lease" or to set forth a noncommercial message.

(t)

Signs on vehicles, trailers. Any sign attached to a vehicle or trailer that is used in the normal day-to-day operation of the business advertised on the vehicle and for the transportation or conveyance of persons or commodities from one place to another. A vehicle or trailer primarily used for advertising shall not be considered a vehicle or trailer used in the day to day business or regular work of the business and is prohibited.

(u)

Home occupation signs. One non-illuminated sign shall be permitted for each approved home occupation provided that the display surface area of such sign does not exceed two square feet in area and that such sign is mounted flat against the wall of the principal structure.

(v)

Search lights. Search lights may be utilized by commercial establishments provided:

(1)

Lights shall continuously be pointed skyward and shall not be pointed or directed in such a manner as to interfere with or adversely affect residential areas and vehicular or pedestrian traffic.

(2)

The light may be used for no more than seven days.

(3)

No more than four lights per calendar year shall be allowed for any one commercial establishment.

(4)

Lights and their supporting structure shall not be located within nor on the street or highway right-of-way.

(5)

Lights will not be located or allowed within one mile of any airport or landing strip nor interfere with the landing path of any airport without the approval of Federal Aviation Administration (FAA). The use of any airport search light or beacon mandated by the FAA is exempted.

(w)

Objects animated by forced air (i.e. inflatable signs, figures and tethered balloons) bearing no commercial message may be utilized for special community events open to the general public and sponsored by noncommercial civic, charitable, community, or similar organizations provided:

(1)

Objects shall not be located on the public right-of-way of any public street.

(2)

Objects shall be limited to one object per street frontage.

(3)

Objects may be displayed up to 14 days prior to the event.

(4)

Objects shall be promptly removed within two days after the conclusion of the event.

(Ord. No. O-44-08, § 2, 9-2-2008)

(a)

Electronic, digital and video technology. The use of electronic, digital or video technology in signs is permitted and allowed, subject to the following limitations and additional restrictions:

(1)

Such technology shall be programmed so that the message or image on the sign changes no more often than once every eight seconds.

(2)

There shall be no effects of movement, blinking, animation, scrolling, flashing, scintillation, or similar effects in the individual images.

(3)

Changes of image shall be instantaneous as seen by the human eye and shall not use fading, rolling, window shading, dissolving, or similar effects as part of the change.

(4)

Video technology in signs shall use automatic level controls to reduce light levels at night and under cloudy and other darkened conditions, in accordance with the following standards. All electronic, video or digital display unit signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the electronic sign based on ambient light conditions. Maximum brightness levels for electronic, video or digital display signs shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, during daylight hours, and 500 nits when measured from the sign's face at its maximum brightness between sunset and sunrise, as those times are determined by the National Weather Service.

(5)

Any changeable copy sign using electronic, digital or video technology which malfunctions, fails or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or any similar effects, shall be restored to its normal operation conforming with this section within 48 hours unless the chief building official considers such malfunction to be a hazard to the health, safety and welfare of the public and orders the sign to be turned off, disconnected or disabled.

(6)

Any changeable copy on a freestanding sign using electronic, digital or video technology shall not exceed 50 square feet in area.

(7)

No sign containing a commercial message related to goods, services, products or other commercial activities that are not offered on the same premises on which the sign is located shall be permitted and allowed except in those locations where billboards are permitted and allowed.

(b)

Freestanding signs.

(1)

The height of freestanding signs on property lying below the grade of the street shall be taken from the adjacent curb elevation or in the absence of a curb, the street centerline elevation. All other sign heights shall be measured from grade.

(2)

Any berming or filling solely for the purpose of locating the sign shall be computed as a part of the sign height.

(3)

Freestanding general business signs may be of the pole or monument style.

a.

Pole-style signs shall not exceed 150 square feet in area and 25 feet in height on any individual development site, unless specifically allowed or further limited by this section. The clearance from the bottom of the sign to the finished grade below shall be a minimum of eight feet.

b.

Monument-style signs may be up to 150 square feet in area, 15 feet in height, and 10 feet in width on any individual development site, unless specifically allowed or further limited by this section. Monument signs greater than three feet in height shall have a minimum 15-foot setback from the edge of pavement. No portion of the monument sign shall exceed the width at grade.

(4)

Freestanding signs are limited to one per parcel except corner or double-frontage lots where one sign is allowed per street frontage. The total sign area of both signs shall not exceed 200 square feet.

(5)

Freestanding signs located along the Interstate 59/Highway 77 interchange shall not exceed 450 square feet in area and 60 feet in height provided that the development site conforms to the following conditions:

a.

The development shall contain a minimum of 10,000 square feet of gross building area and all buildings, parking lots and all appurtenants thereto, must be located on a single lot or parcel of property.

b.

The development, including developments located at designated exit ramps, must lie contiguous to the fenced interstate right-of-way.

c.

The freestanding sign must be oriented to the interstate and not to any other street or avenue. The sign face shall not be positioned parallel to interstate right-of-way.

(6)

Electronic, digital or video boards may be integrated into the structure of the general business sign subject to the restrictions as set forth in subsection (a)(6) and count toward the maximum allowable display area.

(7)

No more than one electronic, digital or video changeable copy sign per premises shall be visible from any one location; a two-sided sign on which the two sides are parallel, with changeable copy on each side conforms with this standard.

A summary of the sign requirements for Freestanding General Business signs is shown below:

*Development sites with frontage along Meighan Boulevard or U.S. Highway 411 shall be allowed 35 feet sign height.

(c)

Shopping center freestanding signs. For the purposes of this section, a shopping center consists of at least two individual businesses and a minimum of 10,000 square feet of gross building area.

(1)

Shopping center consisting of between 10,000 and 20,000 square feet of gross building area shall be allowed one freestanding sign. The total area of said sign shall not exceed 150 square feet. Said shopping centers lying on corner or double-frontage lots shall be allowed two freestanding signs, one per street frontage. The total sign area of both signs shall not exceed 200 square feet and no sign shall exceed 25 feet in height.

(2)

Shopping center consisting of at least 20,000 square feet but no more than 65,000 square feet of gross building area shall be allowed one freestanding sign. The total area of said sign shall not exceed 250 square feet. Said shopping centers lying on corner or double-frontage lots shall be allowed two freestanding signs, one per street frontage. The total sign area of both signs shall not exceed 350 square feet and no sign shall exceed 25 feet in height.

(3)

Shopping center consisting of greater than 65,000 square feet of gross building area shall be allowed one freestanding sign. The total area of said freestanding sign shall not exceed 300 square feet. Said shopping centers lying on corner or double-frontage lots shall be allowed two freestanding signs one per street frontage. The total sign area of both signs shall not exceed 450 square feet and no sign shall exceed 25 feet in height.

(4)

All shopping center freestanding sign supports shall be covered by brick, stone or other masonry material, unless otherwise approved by the board of adjustment.

A summary of the sign requirements for shopping center freestanding signs is shown below:

*Development sites with frontage along Meighan Boulevard or U.S. Highway 411 shall be allowed 35' sign height.

(d)

Subdivision identification signs.

(1)

A sign marking an entrance to a residential subdivision, office park, or industrial park. Subdivision signs must be within the perimeter of the subdivision and shall not be located within the public right-of-way. Subdivision signs shall meet the following standards:

a.

Maximum number: One per street front (entrance), two sign faces may be used (on either side of entrance) with a wall, fence or other architectural entrance feature.

b.

Maximum area: Thirty-two square feet (sign face).

c.

Maximum height: Eight feet (overall structure).

d.

Permitted for all-residential, mixed use, and nonresidential projects of five acres or more.

e.

Limited to name and/or logo.

f.

Constructed of brick, stone, masonry, or such other decorative material approved for exterior use by the manufacturer.

(2)

Any subdivision identification sign that is platted or designed to be located in a traffic island, located within a median of any development or at the entrance to any development that encroaches within or on the street or highway right-of-way, the following criteria in addition to such restrictions as set forth in section 130-484(d) (1) which are not in conflict with this section shall apply:

a.

The sign must be placed in a designated curbed median.

b.

The developer must indicate the location of such sign on a site plan and plat and provide construction details for review and approval by the city engineer. The developer must also apply for and receive a right-of-way permit from the city.

c.

Any utilities involved with construction of the sign shall be permitted through the city engineer and chief building official.

d.

If the sign is ever damaged by natural or human causes, the sign shall not be repaired or replaced at the expense of the city, nor shall it be allowed to remain in a damaged condition. If such sign is rebuilt, repaired or replaced, such actions shall be in accordance with the prevailing provisions of this article.

e.

The developer's engineer must certify that site distance around the sign meets minimum requirement established by the city.

(e)

Building/wall signs. Building/wall signs on any single development site shall not exceed a total of two square feet per linear foot of the main or entry facade. No individual business shall be allowed more than 500 square feet of building signage, and no single sign shall exceed 300 square feet.

(1)

Projecting signs.

a.

Building/wall signs shall not project into the public street or alley right-of-way.

b.

Signs projecting over pedestrian ways shall provide a minimum of eight feet vertical clearance.

c.

Signs projecting more than one foot from the surface of the building must be designed by a design professional (i.e., architect, engineer).

(2)

Shopping center.

a.

When determining the allowable exterior sign area for building/wall signs for shopping centers where it cannot be determined which facade is the main or entry facade, the longest single exterior elevation of the structure shall be used. To identify and delineate signs on adjoining facades, there shall be a two foot border from the top, bottom and sides which shall not be counted toward the area and dimension of the sign.

b.

When determining the allowable exterior sign area for a building/wall sign of individual businesses in a shopping center where it cannot be determined which facade portion of the individual business is the main or entry facade, the longest single exterior entry facade of the individual business shall be used.

(f)

Multi-family residential signs. Permits are required for all signs located on multi-family residential properties. The following requirements apply to multi-family residential sites:

(1)

Wall sign—A maximum area of 32 square feet.

(2)

Freestanding sign—A maximum area of 32 square feet.

(3)

Allow one sign of either type at each entrance from a public street.

(Ord. No. O-44-08, § 2, 9-2-2008)

It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by these regulations. The signs listed below are expressly prohibited.

(a)

Signs that are in violation of the building code, electrical code, or any other codes adopted by the city.

(b)

Portable signs.

(c)

Any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of words, symbols or characters in such a manner to interfere with, mislead or confuse pedestrian or vehicular traffic.

(d)

Any signs, other than official traffic control devices, highway identification markers, warning signs, and other official signs, which are erected within the right-of-way of any street or alley. Any sign that is erected or maintained outside the right-of-way and obstructs the vision of pedestrians, cyclists, or motorists traveling on or entering a street, road, or highway. The American Association of State, Highway and Transportation Officials (AASHTO) standards for sight-distance triangles shall be utilized to determine if a sign is creating an obstruction.

(e)

Freestanding signs which project into the public right-of-way.

(f)

Any sign incorporating a bare incandescent bulb with wattage exceeding 20 watts, except as a shielded, indirect light source. Any sign which employs moving, strobe-type lights, flashing lights, beacons, spotlights directed at the sky or at anything other than the sign surface, flashing or blinking lights or any type of pulsating or moving light which may impair the vision of or otherwise interfere with any driver operating a motor vehicle.

(g)

Abandoned sign. Any sign or sign structure identifying a previous use or activity that has not occupied the site for a period greater than 120 days, does not maintain a current business license or pertains to a time, event or purpose which no longer applies, shall be deemed abandoned. The removal of a frame of an abandoned sign shall not be required, if it conforms to all applicable terms contained in these regulations (including the sign face area for sign replacement yielded by such frame). Any sign structure which supported or supports an abandoned sign and which structure conforms to all applicable terms contained in these regulations shall be allowed to remain in place. However, in the event a sign structure which supported or supports an abandoned sign is inconsistent with the regulations in this article (including the sign face area for sign replacement yielded by the frame), then the sign structure and frame shall be either altered to comply with the terms contained herein or removed by the owner of such structure or property.

(h)

Signs on public land, other than those erected at the direction or with the permission of the property owner.

(i)

Signs that emit audible sound, odor or visible matter such as smoke or steam. Signs that involve the use of live animals.

(j)

Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipes, or that obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of these regulations or any other regulation of the city.

(k)

Signs that are of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists, or pedestrians; or that illuminate adjacent residential development.

(l)

Signs placed upon light poles, benches, bus shelters, waste receptacles or shopping cart corrals except those which identify the use of the object on which they are placed, (i.e. "Cart Return," "Bus Stop)."

(m)

Signs erected on public utility poles, even if they are located on private property other than signs erected by a public authority for public purposes.

(n)

Signs, other than historical markers or those identifying a natural feature, painted on or attached to trees, rocks, or other natural features.

(o)

Signs visible from a public right-of-way that use the word "stop" or "danger" or otherwise present or imply the need or requirement of stopping, caution, the existence of danger, or which for any reason are likely to be confused with a sign displayed or authorized by a public authority.

(p)

Any sign mounted or applied to the roof including painted signs.

(q)

Signs projecting above the building roof or parapet line.

(r)

Signs on any broadcasting or telecommunications tower or any antenna other than hazard/warning signs.

(s)

Vehicles or trailers (operable or inoperable) which contain advertising and are not used in the daily conduct of business including the placement or mounting of vehicles on buildings or roof tops or welded or attached to the top of a pole or other structure.

(t)

Off-premise signs except as permitted by article XI, chapter 130.

(u)

Wind signs consisting of one or more flags, pennants, ribbons, spinners, streamers or captive balloons or other objects or material fastened in such a manner as to move freely upon being subjected to pressure by wind (natural or otherwise) whether the sign contains a commercial message or not. Wind signs exclude holiday or community decorations.

(v)

Signs that contain any lighting or control mechanism that causes interference with radio, television, or other communication signals.

(w)

No freestanding sign shall be located in a public drainage or utility easement without written permission from the appropriate authority prior to the issuance of a sign permit.

(Ord. No. O-44-08, § 2, 9-2-2008)

(a)

Compliance with building and electrical code requirements. All permanent signs and the illumination thereof shall be designed, constructed and maintained in conformity with the applicable provisions of the building code and electrical code. Wherever there is inconsistency between this article and the building or electrical code, the more restrictive requirement shall apply.

(b)

Calculation of display area. The display area of a sign or advertising device is measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire sign or advertising device; excluding structural members which support it.

(1)

Where a sign is double facing and only one face can be viewed from a single location on a roadway, the display area shall be the area of one sign face. Where a sign has two or more faces that can be viewed from a single location, the display area of all such faces shall be included in determining the total display area of the sign. Open letter sign display area shall be measured by the number of square feet in the smallest rectangle, within which all letters, logos, symbols or other elements of the sign can be enclosed.

(2)

When a sign is in the form of a three-dimensional object, the area shall be determined by drawing a square, rectangle, triangle, circle or combination thereof, which will encompass the projected image of the sign and multiplying that area by two. The projected image is measured by tracing the largest possible two-dimensional outline of the sign.

(c)

Maintenance. All signs and sign structures including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes. All signs and their components shall be maintained in good repair, free of rust, peeling, fading, broken or cracked panels, and broken or missing letters. Vegetation must be properly maintained. No condition shall be allowed that would constitute a fire or health hazard. The general area in the vicinity of any sign shall be kept free and clear of any unnecessary or discarded materials.

(Ord. No. O-44-08, § 2, 9-2-2008)

(a)

A nonconforming sign is any sign which is prohibited by or does not conform to the requirements of, these regulations.

(b)

A nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, however, it shall not be:

(1)

Structurally changed to another nonconforming sign, but the sign face and message may be changed.

(2)

Structurally altered to prolong the life of the sign including the addition or replacement of any structural supports and or ground or foundation supports.

(3)

Expanded or altered in any manner that increases the degree of nonconformity.

(4)

Continued in use after a new freestanding sign or sign structure shall be erected on the same parcel or unit.

(c)

Should any nonconforming structure or nonconforming portion of any structure be removed, destroyed or become structurally deteriorated (excluding foundations) by any means to an extent of more than 50 percent of its replacement cost as determined by the chief building official, it shall be reconstructed in conformity with the provisions of this chapter or removed.

(Ord. No. O-44-08, § 2, 9-2-2008)

(a)

The following signs shall be considered to be illegal and a violation of the terms of this article:

(1)

A sign erected after the effective date of this article inconsistent with the terms contained herein;

(2)

A sign maintained after the effective date of this article inconsistent with the terms contained herein.

(3)

Any sign which does not conform to the requirements of this chapter with respect to number, sign surface area, location on the premises, or otherwise, and which is made of paper, cloth or other nondurable material or freestanding signs not affixed to a building or the ground.

(4)

An abandoned sign.

(5)

Any sign erected, placed or installed in the public right-of-way or on public property (excepting official federal, state or local government signs) shall be deemed abandoned and shall also be deemed a public nuisance and may be removed without a determination of the chief building official that such sign is illegal as set forth in subsection (b). Such signs may be removed by the city or its agents or employees and disposed of without notice to the party placing the sign or compensation to the owner. Removal by the city shall not affect penalties applicable for the unlawful erection or placement of the sign in the public right-of-way or on public property and shall be in addition to penalties and other remedies for the violation of this ordinance through the placement of the sign.

(6)

Any sign which was illegal prior to the adoption of this article and which does not conform to one or more of the provisions of this article.

(7)

Any sign that, in the opinion of the chief building official, due to structural, maintenance or other issues, constitutes a danger to the public, notwithstanding the fact that it may conform with the dimensional and other standards of this article. The determination that a sign is a danger to the public shall be made in writing, and a copy thereof shall be promptly served on the permit holder for the sign or the property owner of record; that determination shall specify the characteristics of the sign that constitute a danger. If sign owner or property owner responds within three business days with a proposed plan to eliminate the danger and begins and maintains diligent work to implement that plan, the sign shall no longer be considered "illegal." Otherwise the sign shall be considered illegal and the chief building official shall proceed in accordance with this section.

(b)

Upon determination by the chief building official that a certain sign is illegal, the chief building official shall act to remedy the violation, which may include:

(1)

Causing the issuance of a notice of violation to the individual who owns, is responsible for or benefits from the display of such sign prescribing the action necessary to make the sign legal and conforming to the terms contained herein or ordering the removal of the illegal sign and also prescribing the time which the individual is afforded to accomplish such action;

(2)

The removal of any illegal sign located on public property or on private property, including any such sign located within a street right-of-way in which case the city shall have the right to recover from the individual erecting such a sign the full costs of removal and disposal.

(3)

Failure to bring any illegal sign into conformance with the terms contained in this article or any other violation of the terms contained in this article shall be considered a violation of the zoning ordinance of the city and shall be subject to the remedies and penalties provided by such ordinance and by state law.

(c)

Responsibility for violations and cure. There shall be a rebuttable presumption that any property owner, person, firm, corporation, candidate or other entity identified on a sign, whether by name, address, product line, candidacy or telephone number, is solely or jointly responsible for the placement of such sign. Such person may be cited for a violation of this article. A person so cited may request a hearing on the citation and shall at the hearing have the burden of proving by a preponderance of the evidence that the particular sign involved in the violation was posted, erected, installed or otherwise placed without such person's or property owner's knowledge or consent. Actions by such person to correct a violation upon learning of it may be considered in mitigation of penalties but shall not be considered to make the violation moot.

(d)

Variances. The board of adjustment should only grant a variance for an extreme hardship. Acts of God and economic conditions should not be considered hardships for purposes of this subsection.

(Ord. No. O-44-08, § 2, 9-2-2008)

(a)

Generally. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter shall have been adopted separately and independently.

(b)

Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter of in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise.

(c)

Severability of provisions pertaining to prohibited signs. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter or in this Code, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article or any other laws declared unconstitutional by valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter that pertains to prohibited signs, including specifically those signs and sign types prohibited and not allowed under this article. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this article.

(d)

Substitution of messages. Any sign allowed under this article by sign permit, by conditional use permit, by variance, or by exemption or other treatment effectively allowing such sign, may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity, or service for sale or lease, or to any other commercial interest or activity, so long as said sign complies with the size, height, area, and other requirements of this article.

(Ord. No. O-44-08, § 2, 9-2-2008)