The regulations and development controls of the various districts shall be modified by and be subject to the provisions and limitations of this subchapter.

1. Construction buildings and security fences. Nothing herein shall prohibit the placement of temporary portable buildings providing office space, sanitary facilities or storage of supplies or materials, or the erection of security fences on the site and during the period of any construction project. However, no manufacturing operation shall be conducted within a temporary or portable building when the product of such operation is to be transported off the site for use in construction at another location.
2. Mechanical equipment. Air conditioning and similar mechanical equipment shall not be mounted in minimum yard spaces. Equipment shall be so placed as to direct motor and fan noise away from the nearest property line.

(Ord. 1104, passed 10-13-77) Penalty, see GMC 15.11.700

It is the purpose of these provisions to recognize an outdoor swimming pool as a potential attractive nuisance and to promote the public safety and enjoyment of property rights by establishing rules and regulations governing the location and improvement of swimming pools whether privately, publicly or commercially owned or operated.

1. Permits and approvals. No swimming pool shall be constructed or used until a swimming pool building permit and a certificate of occupancy have been issued therefor. No building permit and no final certificate of occupancy shall be issued unless the proposed sanitary facilities and water supply comply with applicable local and State Health Department regulations.
2. Requirements. A swimming pool may be constructed and operated when:
   1. The pool is not located in any minimum yard space.
   2. A wall or fence, not less than four feet in height, with self-latching gates at all entrances, completely encloses either the pool area or the surrounding yard area.
   3. All lighting of the pool is shielded or directed to face away from adjoining residence. If lights are not individually shielded they shall be so placed, or the enclosing wall or fence shall be so designed, that direct rays from the lights shall not be visible from the adjacent properties.
   4. No broadcasting system is used for the purpose of advertising the operation of the pool or for the attraction of persons to the premises. This shall not prevent a public address system necessary or useful to the supervision of the pool and the safety of the swimmers.

(Ord. 1104, passed 10-13-77) Penalty, see GMC 15.11.700

Signs shall be permitted by right in each district in conjunction with any permitted principal use or authorized special exception according to the standards set forth in the following section:

1. Sign placement and measurement.
   1. Location. All signs shall be placed within the buildable area of a lot except that directional signs, facility identification signs, and subdivision identification signs may be placed in any yard, but not closer than ten feet to any street line.
   2. Height. The height of signs located in required yards shall not exceed the height limits for walls or fences in these same yards. Signs located in the buildable area of a lot shall not exceed 40 feet in height above grade level measured at the nearest point on the nearest property line; provided that any sign on top of a building may have a height of ten feet above the top of such a building.
   3. Sign area measurement. The allowable sign area shall be the combined area of exposure of all sign message faces.
   4. Real estate sales sign. Temporary signs announcing the sale or rental of the real estate on which placed shall be permitted in any district may be placed in any yard. The sign shall not exceed four square feet in area and shall be removed within one week following the close of the sale or lease.
2. Sign lighting and symbols.
   1. Symbols. Symbols are designed as an integral part of the building structure, and symbols and signs which are not visible or readable from the public street shall not be limited by the sign regulations of the zoning district.
   2. Traffic control conflicts. No sign or lighting permitted under these regulations shall be erected, placed, or allowed to remain whereby such sign creates confusion, impairs hearing or vision, or otherwise distracts the automotive driver using any public street. Specifically prohibited are:
      1. High intensity bare bulb lighting or any lighting which creates a glare or any sign so placed as to make traffic signs or signals unreadable at the normal viewing range by a driver on a public street.
      2. Signs duplicating colors of traffic signs or signals which distract or cause confusion in reading such traffic signs or signals at the normal viewing range.
      3. Signs or equipment which produce noises simulating sirens, bells, or whistles which may be confused with the warning devices of emergency vehicles traveling the public streets.
3. Residential area nuisance. No sign or lighting permitted under these regulations shall be authorized whereby such sign or lighting by reason of placement, lack of shielding, noise generation or character of operation would be adverse to the normal sensibilities of a person residing on adjacent property or would interfere with the reasonable use, enjoyment, or right of privacy on his property, specifically:
   1. The source of lighting shall not be directly visible from the adjacent residential property and light shall be shielded to prevent such exposure.
   2. The noise level of signs and lighting fixtures, when measured within the adjacent dwelling unit, shall not be greater than the noise levels of equipment customarily in operation in the home including air conditioning and kitchen refrigerators.
   3. Flashing signs and intermittent lighting of signs or area shall not be permitted where they are located within 200 feet of or are directly visible from residential property.
4. Uniform sign regulations for types of signs by principal use of the property in the district.
   1. Residential uses. When the principal use of the property in the district is for residential uses, the following types of signs are permitted:
      1. Business identification signs are not permitted.
      2. Directional signs are limited to four square feet per sign.
      3. Facility identification signs have a minimum sign area of 12 square feet, and a combined allowable sign area of one square foot for every ten lineal feet of street frontage.
      4. Subdivision identification signs have a combined allowable sign area of one square foot for every ten square feet of lineal street frontage.
   2. Nonresidential uses. When the principal use of the property in the district is for nonresidential uses, the following types of signs are permitted:
      1. Business identification signs are permitted within the buildable area or mounted upon the building, whether flat or 24 inches from the face of the building.
      2. Directional signs are limited to four square feet per sign.
      3. Facility identification sign have a minimum sign area of 12 square feet, and a combined allowable sign area of one square foot for every three lineal feet of street frontage.
      4. Subdivision identification sign have a combined allowable sign area of one square foot for every three lineal feet of street frontage.

(Ord. 1104, passed 10-13-77) Penalty, see GMC 15.11.700

1. Purpose. It is declared that the regulation of signs within the Central Business District of the city is necessary and in the public interest; (a) to protect the property values within the Central Business District; (b) to preserve the beauty and unique character of the Central Business District; (c) to promote and aid in the tourist industry which is declared to be of importance to the economy of the city; (d) to protect pedestrians, motorists and the general public from damage and injury which may be caused by the faulty and uncontrolled construction, design or placement of signs within the Central Business District; and (e) to promote a positive image of the Central Business District thereby strengthening the economic stability and historical value of the city’s Central Business District.
2. Definitions. The following words, phrases, and terms when used in this section have the meanings ascribed to them in this section except when the context clearly indicates a different meaning:
   
   A-FRAME SIGN. A sign which is made from two pieces of material which are attached at the top and spread apart at the bottom to create a base on which it stands.
   
   ABANDONED SIGN. A sign:
   1. Which, for at least 90 consecutive days, has not identified or advertised a bona fide business, lessor, service, owner, product, or activity or advertised a time which has passed or an event which has occurred; or
   2. Which has been dilapidated for 90 days or more; or
   3. For which the city can not determine the identity of a legal owner.
   ADVERTISING SIGN. A sign which constitutes a primary use of land (not an accessory use) and which directs attention to a business, product, activity, or service which is not conducted, sold, offered, or located on the premises on which the sign is located. The phrase includes billboards and those signs whose message spaces are available for lease, rent, or hire separate and apart from any business, product, activity, or service which is located on the premises where the signs are located.
   
   ADVERTISING VEHICLE. Any vehicle on which has been placed, painted, or attached symbols or verbiage:
   1. Advertising a product, service, or business and
   2. Which may be either operable or inoperable, or
   3. Which may or may not have a valid Texas motor vehicle inspection sticker, or
   4. Which may or may not have a valid Texas vehicle registration tag.
   AWNING. A shelter supported entirely from the exterior wall of a building.
   
   AWNING SIGN. A sign whose message is directly applied to an awning of a building.
   
   BANNER SIGN. A sign designed to be hung with or without a frame, and which has characters, letters, illustrations, or ornamentation applied to cloth or flexible material of any kind.
   
   BILLBOARD. An advertising sign.
   
   CAN. The cabinet or frame which holds the face or faces of a sign.
   
   CANOPY. A roof-like structure designed to provide protection for objects, pedestrians and vehicles.
   
   CANOPY SIGN. A sign mounted on or attached to a canopy.
   
   CENTRAL BUSINESS DISTRICT. The area within the boundaries as follows: Main Street from the intersection of Sabine Street to the intersection of Upshur Street (two blocks). Sabine Street from the intersection of Dean Street to Center Street (two blocks). Glade Street from the intersection of Dean Street to Center Street (two blocks). Commerce Street from the intersection of Ferry Street to Stuart Street (two blocks). Pacific Street from the intersection of Dean Street to Center Street (two blocks). Quitman Street from the intersection of Dean Street to Center Street (two blocks).
   
   CITY. The City of Gladewater, Texas
   
   CITY INSPECTOR. The City Inspector of the city and his or her designee.
   
   COMMUNITY SERVICE SIGN. Sign which is placed over a road or street identifying a special event.
   
   DESTROYED. With regard to a sign, that the sign is damaged or deteriorated to the extent that the cost of repairing the sign is more than 51% of the cost of erecting a new sign of the same type at the same location.
   
   DETERIORATED SIGN. A dilapidated sign.
   
   DILAPIDATED BUILDING. A building, which is decayed, deteriorated, or fallen into partial ruin.
   
   DILAPIDATED SIGN. A sign which is decayed, deteriorated, or which has fallen into partial ruin that:
   1. Has any portion of the finished material or surface of the message portion of the sign that is visibly faded, flaked, broken off, missing, cracked, splintered, or defective or that is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally constructed; or
   2. Has elements or structural support or frame members that are visibly bent, broken, dented, torn, twisted, leaning, or at angles other than those at which it was originally erected.
   FLAG. Any cloth or flexible fabric with or without displaying an emblem, symbol, design, or insignia.
   
   FLASHING SIGN. A sign which is intermittently illuminated.
   
   FRONT SIDE. With respect to a building canopy means any side parallel to or more nearly parallel to than perpendicular to the building wall to which the canopy is attached.
   
   GOVERNMENTAL SIGN. A sign required, authorized, or installed by a governmental entity.
   
   GROUND SIGN. A sign resting on the ground immediately below it or with the bottom of the sign within eighteen inches of the ground immediately below it.
   
   LATERAL SIDE. With respect to a building canopy means any side perpendicular to or more perpendicular to than parallel to the building wall to which the canopy is attached.
   
   LIGHTING. The illumination of a sign face by a hidden source of light interior to the sign or by a source of light exterior to and not a part of the sign.
   
   MARQUEE. A permanent roofed structure attached to and supported by the building and projecting over an entrance to a building
   
   MENU BOARD SIGN. A sign utilized by the public patronizing a business as to a bill of fare or other products or services
   
   MESSAGE CENTER. A sign, which provides information through electronically controlled intermittent light impulses.
   
   MOTION. The moving or rotating of a sign or portion of one, or the giving of the perception of motion through lighting changes, other than on a message center.
   
   PENNANT. A cloth or other flexible fabric attached to a line or lines and which has on it no wording, emblems or insignias.
   
   PERSON. Any individual, corporation, partnership, joint venture, association, group of individuals, or other legal entity.
   
   POLE OR STANDARD MOUNTED BANNER SIGN. A sign designed to be hung in a frame from a light standard or pole and used for the promotion of a special event or season promoting the city or the Central Business District but not for private advertising.
   
   POLE SIGN. A sign which is supported by one or more columns, poles, uprights, or braces in or upon the ground and which is not part of a building. The phrase includes billboards and pole signs supported by and placed on a single pole or standard.
   
   PORTABLE SIGN. A sign which can be easily moved from place to place.
   
   PRE-EXISTING NONCONFORMING SIGN. Any sign erected or under construction before the effective date of this section which does not meet all the requirements of this section.
   
   PROJECTING SIGN. A sign which is attached or affixed perpendicularly, or more perpendicularly than parallel to a building wall or structure other than a pole and extends or projects from it more than 12 inches.
   
   REAL ESTATE SIGN. A sign which advertises a parcel of land or a structure for rent, lease, or sale. The phrase includes subdivision signs and model home signs.
   
   ROOF SIGN. A sign which is erected, constructed, or maintained on or over the roof of a building.
   
   SETBACK. The distance from the property line or right-of-way line of all streets adjacent to the premises on which a sign is located to the part of the sign closest to the property line or right of way line.
   
   SHINGLE SIGN. A small, free swinging sign suspended from a building or canopy.
   
   SIGN. A lettered surface or other physical display used to identify, advertise, warn, direct, inform, or propound.
   
   SIGN CONTRACTING. Engaging in the business of erecting, maintaining, constructing, or reconstructing signs.
   
   SIGN CONTRACTOR. A person who, for remuneration, erects, maintains, constructs, or reconstructs a sign on the premises of another. It does not mean the owner or an employee of the owner who owns or leases the premises on which the sign is located when the sign advertises the business on whose property the sign is located.
   
   SIGN ENVELOPE. The area of the sign on which any message, graphic, illustration, etc. extends. The total overall height times the total overall width equals the total square footage of the sign envelope.
   
   SIGN STRUCTURE. Any part of a sign including the base, supporting columns or braces, display surface, or any other of its appendages.
   
   STREAMER. A narrow free-floating strip of cloth, paper, plastic, or similar material.
   
   WALL SIGN. A sign which is painted, attached, or affixed to the wall, canopy, or face of a parapet, mansard, or marquee of a building, or is an integral part of the wall of a building, with the exposed face of the sign in a plane parallel to the wall, canopy, mansard, or marquee and which does not project more than 12 inches from the wall.
   
   WINDOW SIGN. A sign, which is applied on or over a window or is designed primarily to be visible through a window from the exterior of a building.
3. General requirements. It is unlawful for any person to own, operate, use, erect, benefit from, permit, or maintain any sign that is not in compliance with each of the following general provisions:
   1. Each sign shall pertain to the identification of the primary uses and/or primary services provided or primary products sold on the premises on which the sign is located.
   2. Each sign shall be erected and maintained in compliance with the building and electrical code and all other applicable laws in effect when the sign was installed.
   3. No sign’s copy, face, lettering, or location shall be altered by changing the message or by renovating an existing message until a sign permit for the work has been issued by the City Inspector. It is an affirmative defense to this section that the sign is altered only by changing a temporary message made from interchangeable characters attached to tracts or grooves on the signboard or by changing the message on a message center. It is an affirmative defense to this section that the sign does not require a permit.
   4. No person shall erect a sign until a sign permit for the work has been issued by the City Inspector if a permit is required by this section.
   5. No sign, sign structure, or sign support shall project over any public right of way except as follows:
      1. The sign is placed on a wall of a building, which is on a property line adjacent to the public right of way;
      2. The sign projects no more than 60 inches over the right-of- way or closer than one foot from the curb;
      3. The right of way contains a sidewalk of at least 60 inches in width;
      4. The right of way is not a roadway or lane for traffic; and
      5. The sign is not less than 8½ feet above the pavement or ground, immediately below the sign.
   6. No sign shall be in the direct line of vision of any driver or pedestrian looking at any signal light or traffic control sign or other such device.
   7. No sign display or device used to attract attention shall include a revolving beam or beacon of light resembling an emergency vehicle light including lights visible to traffic which are mounted inside or outside a building. It is an affirmative defense to this section that the display or device is required or permitted by law to include a beam or beacon of light.
   8. No light illuminating a sign shall shine directly on a public right of way or on property adjacent to the property on which the sign is located. It is an affirmative defense to this Part that the light backlights a sign by passing all the light through a translucent material and is not bright enough to interfere with the vision of a driver on any adjacent roadway.
   9. No sign shall be erected in a sight easement.
   10. No portion of any sign shall be nearer than ten feet from any above ground telephone cable, power line, or street light.
   11. No sign shall be nearer than six feet from any part of a fire escape, required fire exit, or from any supporting member of a fire escape. No sign shall be guyed to or supported by any part of a fire escape.
   12. No sign shall interfere with traffic visibility. The Chief of Police of the city has the final authority to determine whether or not a sign interferes with traffic visibility.
   13. It is unlawful for any person to own, operate, use, maintain, display, erect, locate, relocate, or keep any dilapidated or deteriorated sign. It is an affirmative defense that:
       1. The sign is used only for historical display purposes; and
       2. The sign does not advertise the business or goods for sale or service on or off the property on which it is located; and
       3. The sign does not create a hazard.
   14. It is unlawful for any person to own, operate, use, maintain, display, erect, locate, relocate, or keep any sign whose sign envelope exceeds the allowable area set forth in this section. It is an affirmative defense to this Part that the sign was legally constructed prior to the effective date of this section.
   15. Not more than three signs are allowed for each property or business with street frontage. A building with multiple street frontages may have three signs per street frontage but not more than three signs on any given frontage. It is an affirmative defense that the sign is a single A-frame sign and/or a single shingle sign.
   16. Sign envelope size measurements are as follows:
       1. Height equals the maximum height of the sign envelope in feet.
       2. Width equals the maximum width of the sign envelope in feet.
       3. Area in square feet equals height times width.
   17. It is unlawful for any person to fail to maintain a sign in sound structural condition.
4. Specific requirements. It is unlawful for any person to own, operate, use, erect, benefit from, permit or maintain any sign that is not in compliance with each of the following special provisions:
   1. A-Frame signs:
      1. Shall not exceed eight square feet in size; and
      2. Shall not exceed four feet in height nor more than two feet in width; and
      3. Shall at all times leave four feet of sidewalk clear; and
      4. Shall not exceed more than one per business or storefront.
   2. Awning signs:
      1. Shall be constructed of material as required by the building code;
      2. Shall not exceed 70% of the length of the awning to which it is attached;
      3. Shall not extend above the roofline;
      4. An awning sign shall not exceed 30 inches in height when placed on a one-story building; and
      5. An awning sign shall be limited to single story buildings or to the first level only of multi-story buildings.
   3. A canopy sign attached to a canopy, which is attached to a building:
      1. Envelope shall not exceed in length 70% of the length of the wall to which the face of the canopy is parallel;
      2. Shall not project beyond the width of the canopy, nor more than three feet above the top of the canopy;
      3. On the roof of a building canopy, a sign shall comply with the requirements of a roof sign in addition to other requirements as specified herein;
      4. On the roof of a building canopy and which is parallel to or more nearly parallel than perpendicular to the front side of the canopy shall not project beyond the width of the canopy, nor more than three feet above the top of the canopy;
      5. On the roof of a building canopy which is parallel to or more nearly parallel to than perpendicular to a lateral side of the canopy shall not project beyond the width of the canopy and shall not be more than three feet high;
      6. Attached to and suspended from the underside of a building canopy shall comply with the following restrictions:
         1. No more than one per business;
         2. Shall not be used for off premises advertising;
         3. Has an envelope area not exceeding six square feet;
         4. Has a bottom edge not more than one foot below the bottom edge of the canopy and not less than 8½ feet above the ground or pavement below;
         5. Shall be perpendicular to the front wall of the building; and
         6. Shall not extend below the bottom edge of a service station canopy.
   4. Canopy signs on freestanding canopies or detached accessory island canopies:
      1. Shall not project beyond the width or length of the canopy or more than two feet above the canopy; and
      2. Shall not be less than 8½ feet from the ground or pavement below.
   5. A ground sign:
      1. Shall have a minimum setback from the property line of 15 feet;
      2. Shall not be more than seven feet in height nor more than 7 feet in length;
      3. Shall not exceed one per property.
   6. A community service sign:
      1. Shall not be displayed prior to three weeks or after five days of an event;
      2. Shall be securely attached;
      3. Shall not create a hazard to traffic;
   7. A pole or standard vertically mounted-banner sign:
      1. Envelope shall not exceed 8 feet vertically by 35 inches horizontally with a 4½ inch sleeve at the top and bottom;
      2. Shall have the bottom edge of the banner no closer than 8½ feet from the surface below it;
      3. Shall be maintained in good condition;
      4. Shall not be sagging, tattered, torn dirty or faded;
   8. Projecting signs.
      1. The outer edge shall not extend more than 9½ feet from the building face nor closer than one foot from the back of the curb;
      2. The inner edge shall not extend more than 24 inches from the face of the building;
      3. If the sign is nearer than 12 inches to the face of the building, the space between the building and the sign shall be completely enclosed;
      4. The maximum height of the sign shall not exceed 12 feet from the bottom of the sign to the top of the sign and in no case shall extend more than 3 feet above the roof line; and
      5. The bottom edge of the sign shall be no less than 8½ feet above the ground or pavement below.
   9. A shingle sign shall
      1. Have an envelope that does not exceed 4 feet in length nor more than 16 inches in height
      2. Have a minimum clearance of 7½ feet to the sidewalk below it.
   10. Wall signs:
       1. Shall be constructed entirely of non-combustible material;
       2. Shall not have the exposed face more than 12 inches from the wall, canopy, mansard, marquee, or wall of the building. It is an affirmative defense to this section that the wall sign is an electric wall sign which projects not more than 18 inches from the wall;
       3. Shall not extend above or beyond the parallel face of the wall to which the sign is attached;
       4. Shall be attached or installed in the upper one-third of the building face;
       5. On the front of a building or lease space shall not exceed 70% of the length of the front of the building nor more than 30 inches in height.
       6. On the side or rear of a building shall not exceed 25% of the width of the wall on which it is installed and shall not exceed 30 inches in height
       7. Shall have a clear distance of at least 8½ feet from the bottom edge of the sign to the ground or pavement below the sign, if the sign is over a walking or parking surface. It is an affirmative defense to this section that the sign is painted on the wall; and
       8. Shall have any lighting exterior to the sign at a clear distance of at least 10 feet from the bottom of the light structure to the pavement or ground below it.
   11. A window sign envelope shall not extend to more than 30% of the area of the window in which, on which, or through which the sign is intended to be viewed.
5. Permit required.
   1. It is unlawful for any person to erect or repair an outdoor sign without having first obtained a permit for it from the City Inspector and paying the applicable permit fee. It is an affirmative defense that the repair is routine maintenance.
   2. It is unlawful for any person to suffer, allow, permit, maintain or use any sign erected without a permit required by this section on any premises owned, controlled, or used by that person.
   3. Any person erecting, repairing, maintaining, suffering, permitting, allowing, or using a sign for which this section requires a permit, for which a permit has not been obtained, shall pay an investigation fee whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this section. The payment of an investigation fee does not exempt any person from compliance with all provisions of this section nor from any penalty prescribed by law.
   4. To obtain a permit, the applicant shall first file an application for one in writing on a form furnished by the City Inspector. Every such application shall:
      1. Identify and describe the work to be covered by the permit for which application is made;
      2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed sign;
      3. If it is for a marquee, mansard, roof or projecting sign, be accompanied by plans, diagrams, specifications and computations sealed by a State of Texas licensed engineer or architect and other data and information as may be required by the City Inspector;
      4. Include the approximate date the sign will be erected and a drawing showing its prospective location.
      5. Every sign permit issued by the City Inspector expires if the sign authorized by the permit is not completed within 180 days from the date of issuance. Before work can be recommenced, a permittee shall first obtain a new permit to do so, and pay a fee for it equal to one half the amount required for a new permit for the work, provided no changes have been made or will be made in the original plans and specifications; and provided further that the suspension or abandonment has not exceeded one year.
      6. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The director may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit may be extended more than once.
      7. The City Inspector may, in writing, suspend or revoke a permit issued under the provisions of this section whenever the permit is issued in error or on the basis of incorrect information supplied, or when the permittee is in violation of any ordinance or regulation.
6. Signs not requiring a permit. Although the signs must meet the requirements of this section, the following signs do not require a permit:
   1. Shingle signs;
   2. Window signs;
   3. A-Frame signs; and
   4. Community service signs.
7. Prohibited signs. Any sign not specifically authorized in this section is prohibited. It is unlawful for any person to own, operate, use, erect, benefit from, maintain, or permit any of the following signs on any public or private premises:
   1. Any sign placed in the median of any street, road or highway. It is an affirmative defense to this section that the sign is required or erected by a governmental authority.
   2. Any sign placed on the right-of way of a public road that is not maintained by the city. It is an affirmative defense to this section that the placement is authorized by state law.
   3. Any sign placed on the right-of-way of a road or highway maintained by the city and that is not in the state highway system. It is an affirmative defense to this section that the placement was authorized by state law. It is an affirmative defense to this section that the sign is over a sidewalk or right-of-way where the building sits on the front property line and the sign extends no closer than one foot from the face of the curb and meets all other requirements of this section. It is an affirmative defense to this section that the sign is on a commercial vehicle or commercial trailer lawfully operated or parked. This defense does not legitimate the use of advertising vehicles and trailers prohibited or regulated by this section or other law.
   4. Any sign or structure with flashing, blinking, or revolving beam, beacon, or traveling lights, regardless of wattage. It is an affirmative defense to this section that the sign is specifically authorized elsewhere in this section.
   5. Balloons or other gas or air filled objects with an envelope greater than 24 inches in any dimension.
   6. Any sign which, by reason of its size, location, motion, content, coloring, or manner of illumination may, in the opinion of the Chief of Police of the city, be a distraction to traffic or confused with or construed as an official traffic control device, or the light of an emergency or road equipment vehicle, or which hides from view any traffic or street sign, signal, or device.
   7. Portable or wheeled signs, sidewalk or curb signs, including those resting on legs, axles, or other structures except for A-frame signs as provided by this section. It is an affirmative defense to this section that the sign is any sign required, authorized, or erected by a municipal, state, or federal government; public utility; or public transportation authority. It is an affirmative defense that the sign is an A-Frame as allowed in this section.
   8. Any sign which emits sound, odor, or visible matter, which may, in the opinion of the City Inspector, be a distraction to persons within the public right-of-way.
   9. Any sign on a trash container or dumpster. It is an affirmative defense to this section that the sign contains only the company name and related information of the company servicing the dumpster or trash container.
   10. Any poster, sign, banner, or flag placed on public utility poles or supports.
   11. Any rotating sign.
   12. Any sign which is or becomes deteriorated, dilapidated or in danger of falling or otherwise unsafe.
   13. Any sign which does not comply with any applicable provision of a building code, electrical code or other applicable code or ordinance of the city.
   14. Pennants.
   15. Billboards.
   16. Streamers.
   17. Any window sign with an envelope exceeding 30% of the exterior window through which the signs are intended to be viewed in commercial establishments.
   18. Projected signs (cyberlights).
   19. Roof signs.
   20. Signs on utility boxes.
   21. Any sign draped over a vehicle.
   22. Banners signs.
   23. Message centers.
   24. Pole Signs.
   25. Free standing menu boards.
8. Pre-existing non conforming signs.
   1. It is unlawful for any person to own, operate, maintain, suffer, permit, or use any pre-existing, nonconforming sign on any premises. It is an affirmative defense to this section that the pre-existing, nonconforming sign was not in violation of any applicable city ordinance at the time of its erection and is not dilapidated.
   2. It is unlawful for any person to maintain, suffer, permit, use, allow, erect, re-erect, or repair any pre-existing, nonconforming sign that has blown down; been destroyed or been dismantled. It is an affirmative defense to this Part that in the opinion of the City Inspector the repairs would substantially improve the appearance of the sign. It is an affirmative defense to this Part that only a face or faces of the sign have been blown down or otherwise been destroyed or dismantled.
   3. It is unlawful for any person to repair, renovate, or alter a pre-existing, nonconforming sign without a permit.
   4. The City Inspector may issue a permit to alter a preexisting, nonconforming sign if the proposed alteration would not cause the sign to exceed the applicable area, height, setback or illumination regulations of this section and other applicable laws in effect at the time the permit is sought.
9. Abandoned signs and supporting structures.
   1. The owner of any premise on which there is displayed or maintained an abandoned sign or abandoned supporting structure shall comply with the following requirements:
      1. Any sign that is abandoned on or before the effective date of this section shall be removed by the owner within 90 days after the effective date of this section.
      2. For any sign that is abandoned after the effective date of this section, the owner shall remove the sign within 90 days of the date it becomes abandoned.
      3. If a supporting structure used or designed to be used with a sign is abandoned on or before the effective date of this section, the owner of the premises shall remove the supporting structure within 90 days after the effective date of this section. If a supporting structure is abandoned after the effective date of this section, the owner shall remove the supporting structure within 90 days of the date the supporting structure becomes abandoned.
      4. If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, and such a part or face or sign is placed on the supporting structure, the effective area of the sign or blank face placed on the supporting structure shall not exceed the requirements of this section.
      5. No abandoned sign or supporting structure which is altered under the provisions of this section shall be made more nonconforming.
      6. No person shall alter, put a blank face, or put a sign on a supporting structure which is abandoned after the effective date of this section the cost of which exceeds 51% of the cost of reproducing the existing abandoned sign or supporting structure except in a way that makes the sign and structure comply with this section.
      7. Any abandoned sign or abandoned supporting structure displayed or maintained, or not removed, modified, or relocated in compliance with this section by the owner is a violation of this section, is an unlawful sign and may be removed by the city in compliance with section removal of signs in violation and the owner may be prosecuted or be enjoined from continuing such violation.
      8. If an attached sign that conforms to the regulations of this section is abandoned, the owner, user, and persons who benefit from the sign and the owner, operator, and tenants of the property on which the sign is located shall remove it, paint out or cover the message portion of the sign, put a blank face on the sign, or otherwise bring it into compliance with this section so as to leave the message portion and supporting structure neat and unobtrusive in appearance, within 90 days of the date it becomes abandoned.
   2. The following are required for the use, display, maintenance, or permitting of an alteration of any abandoned sign or supporting structure regardless of when the sign was abandoned.
      1. Like material. Only the same, like, or better quality material as that being replaced or that was last installed and used as a face on or in the abandoned sign or supporting structure may be allowed as the sign face, or that part of the structure that carries the sign message or that is blanked. The face of the supporting structure must be one which the supporting structure is designed to support. Painting over a face is allowed to blank the sign face. Examples: Plastic face replaces plastic face, metal face replaces metal face, wood replaces wood face, etc.
      2. Routed, embossed, or raised messages or sign copy must not be visible to the ordinary observer, if the face or message is blanked.
      3. Blank faces must be of one color.
      4. Covered messages.
         1. Painting. Abandoned signs may be painted in order to “blank” the face. However, the paint must completely cover the sign face or message portion of the structure. The covered, painted over message must not show through the paint.
         2. Covered sign faces must be of a material or substance which renders the resulting sign face completely blank, opaque, and resistant to deterioration. It is a violation of this section to allow a covered message to bleed or show through the paint or covering.
      5. The City Inspector shall not issue a permit for the use of a sign that is in an unabated dilapidated or deteriorated condition.
   3. No person shall altar an abandoned sign or supporting structure without first obtaining a permit for it from the City Inspector.
10. Removal of signs in violation.
    1. The City Inspector may order a person to abate any violation of this section or to remove any sign that is in violation of this section within a period of time specified by the City Inspector.
    2. If the person ordered by the City Inspector to correct a violation of this section fails to do so, fails to remove the sign that is in violation, or fails to remove a sign the City Inspector ordered him or her to remove, within the time specified, the City Inspector may remove or cause the removal of the unlawful sign.
    3. Notwithstanding any other provision of this section, the City Inspector may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior to removing the sign, the City Inspector may make a reasonable attempt to locate the owner of the hazardous sign or person responsible for its display, placement or maintenance to give written notice of the violation, the action necessary to correct the violation and the time period in which the correction must be made. The notice may be delivered to the owner of the sign, the owner of the premises or the person responsible for the sign’s display, placement or maintenance, if located; otherwise, the notice may be affixed to the sign or other prominent place on the premises likely to come to the attention of the owner of the sign or premises. The City Inspector may remove the sign if no corrective action is taken in the time specified and may assess net costs to the owner of the property.
    4. Upon removing an unlawful sign, the City Inspector shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs plus an administrative fee of $150, less any amount received in disposal of the sign. Any net costs remaining unpaid after 30 days from the date the notice is mailed are delinquent and incur interest at 10% per annum. The City Inspector may assess the unpaid and delinquent amount plus interest against the owner of the premises from which the sign was removed and may file and perfect a lien in that amount plus interest against the premises.
11. Variance. If it can be shown that special conditions and/or circumstances exist that causes this section to create a hardship or that the sign has historical value and will be a benefit to the Central Business District and that a variance to the section would alleviate such hardship, a request for a variance may be submitted in writing to the City Inspector. The request will be heard by the Main Street Board at the next regular Main Street Board meeting that falls five working days after the request for a variance is made. The Main Street Board may vary the application of this section under the following conditions:
    1. That a legitimate hardship exists;
    2. That the variance will be in harmony with the general intent of the Central Business District sign ordinance;
    3. That the variance granted is the minimum variance to alleviate the hardship; and
    4. That the variance will not create a hazard to vehicular traffic.

(Ord. 99-22, passed 11-18-99) Penalty, see GMC 1.01.190