(a)

The purpose of this article is to permit and regulate outdoor signs of all types in all zoning districts. The regulation of outdoor signs is intended to enhance the physical appearance of the city, to preserve scenic and natural beauty, and to create a climate that is attractive to business. It is further intended by the provisions of this chapter to improve traffic safety by avoiding sign distractions and the canceling out effect of conflicting overlapping signs.

(b)

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

Accessory sign means a sign which pertains to the principal use of the premises.

Business center means any group of two or more commercial establishments having not less than 100 feet of frontage on a major street and which are under one common ownership or management, have a common arrangement for the maintenance of the grounds and are connected by party walls, partitions, covered canopies, or other structural members to form one continuous structure; or share a common parking area.

Exterior building entrance includes only those available for use by customers or patrons and does not include service or employee entrances.

Festoon sign means a sign where incandescent light bulbs, banners or pennants, or other such features are hung or strung overhead and are not an integral physical part of the building or structure they are intended to serve.

Flashing, animated, ormoving sign means a sign that intermittently reflects lights from either an artificial source or from the sun or sign which has movement of any illumination such as intermittent, flashing, scintillating or varying intensity, or a sign that has any visible portion in motion, either constantly or at intervals, which motion may be caused by either artificial or natural sources.

Ground sign means a sign not attached to any building and supported by uprights or braces or some object on the ground and is a type of freestanding sign.

Height means the distance from the ground to the highest point of the sign, including the sign frame.

Inflatable sign means a sign that is either expanded to its full dimension or supported by gases contained within the sign or sign parts at a pressure greater than atmospheric pressure.

Maximum size of sign means the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, together with any frame or other material or color forming an integral part of the display, excluding the necessary supports or uprights on which such sign is placed. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

Nameplate means an accessory sign stating the name or street number of a person, firm, building, or institution of a certain permitted use.

Natural materials includes, but are not limited to, wood, stone, and brick. Substances specifically excluded from the term "natural materials" are plywood, pressed board, drywall, concrete block, poured concrete, wood or metal paneling, sheet metal, or any substances synthetically created in a manufacturing process.

Nonaccessory sign means a sign which does not pertain to the principal use of the premises.

Painted wall sign means a sign painted directly on any exterior building wall, or door surface, exclusive of window and door glass areas on any outside wall or roof or on glass of any building.

Political sign means a sign relating to the election of a person to public office or relating to a political party or relating to a matter to be voted upon at an election called by a public body.

Portable sign means a sign and sign structure which is designed to facilitate the movement of the sign from one zoning lot to another. The sign may or may not have wheels, changeable lettering and/or hitches for towing. A sign shall be portable only if such sign is manifestly designed to facilitate its movement from one zoning lot to another.

Projecting sign means a sign attached to a building or other structure and extending in whole or in part more than 12 inches beyond the surface of the portion of the building line or extending over public property.

Real estate development sign means a sign placed on the premises of a subdivision or other real estate development to indicate a proposed start or to inform relative to availability.

Real estate sign means a sign placed upon a property advertising that particular property for sale, rent, or lease.

Sign means the use of any words, numerals, figures, devices, designs, or trademarks by which anything is made known such as to show an individual firm, profession, business, product, or message, and which are visible to the general public.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, or to other objects and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

Swinging sign means a sign installed on an arm, mast, spar, or building overhang that is not rigidly attached to such arm, mast, spar, or building overhang.

Temporary sign means a sign with or without letters and numerals, such as window signs in business and industrial districts, of lightweight cardboard, cloth, plastic, or paper materials and intended to be displayed for special events, sales, and notices.

Vehicle business sign means a vehicle upon which a sign is painted or attached and is parked or placed upon the owner's premises primarily for advertising purposes.

Wall sign means a sign erected or fastened to the wall of a building with the exposed face of the sign in a plane approximately parallel to the plane of such wall and not extending more than 12 inches beyond the surface of the portion of the building wall on which erected or fastened.

(Code 2002, § 220-78(A))

The following signs shall not be permitted in any use district:

(1)

Festoon sign.

(2)

Flashing, animated, or moving sign.

(3)

Projecting sign.

(4)

Snipe sign.

(5)

Vehicle business sign.

(6)

Roof-mounted signs.

(7)

Portable signs.

(8)

Temporary signs unless otherwise provided by this chapter.

(Code 2002, § 220-78(B))

The following conditions shall apply to all signs erected or located in any use district:

(1)

Except for signs erected by the city, the county, state, or federal governments, and signs located in the CBD District, no sign shall be located in, project into, or overhang a public right-of-way or dedicated public easement.

(2)

Except for permitted swinging signs, signs mounted on a building shall not project beyond or overhang the wall by more than 12 inches.

(3)

Signs shall not project above the cornice, wall facade, parapet, or eave of the building to which it is affixed.

(4)

Signs shall be permitted in any required yard, and for the purposes of determining required height and required front setbacks, signs shall be exempt from the schedule of regulations and the standards provided in this section shall apply.

(5)

No sign shall be erected which simulates or imitates in size, color, lettering, or design any traffic sign or signal, or other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.

(6)

Accessory signs shall be permitted in any use district.

(7)

Nonaccessory signs shall be permitted only in the I-2 Heavy Industrial Districts, except as otherwise provided by this chapter.

(8)

Temporary signs are allowed in any district with approval and issuance of a permit by the zoning administrator. Such signs shall be allowed for a period not to exceed ten days twice in any one calendar year for any single use. For the purposes of this section, a shopping center or other collective grouping of buildings on a single parcel shall have the same rights as an individual use.

(Code 2002, § 220-78(C))

The following signs shall not require a permit:

(1)

Real estate signs advertising premises for sale, rent, or lease, when not more than six square feet in area and not more than 42 inches in height for a single dwelling or building or vacant land. Such signs shall be placed at least 15 feet from a road right-of-way or property line.

(2)

Real estate signs in commercial areas providing that such sign shall not exceed 15 square feet in surface display area per face, nor exceed ten feet in height, and, if they are freestanding, shall be set back at least 25 feet from the nearest edge of existing pavement.

(3)

Seasonal decorations and community event signs which advertise public entertainment or events of public interest. These signs shall remain in place for not more than 21 days before and seven days after the event and may not exceed ten square feet in area.

(4)

A real estate sign for the purpose of direction shall not exceed six square feet in area per sign face. Such signs may be located off premises only from 9:00 a.m. to 9:00 p.m. on the day of the open house and only for three consecutive days and for three days each week. Such sign shall not have a height exceeding 42 inches and are subject to section 46-12. Permission to locate subject sign shall be obtained from the owner or occupant of property on which the sign is located. Failure to comply with this condition shall be cause for immediate removal of said sign.

(5)

Signs erected by the city, the county, state, or federal governments, for street direction or traffic control.

(6)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants or premises, or other identification of premises.

(7)

Accessory on-site directional signs of not more than two square feet each.

(8)

Political signs not exceeding six square feet in surface display area per sign face and not exceeding 3½ feet in height, provided that such signs are removed within ten days after the election for which they were erected and provided further that no such sign shall be displayed within the public right-of-way or on other public lands.

(9)

Flags, not more than three per zoning lot and not more than four feet by six feet.

(10)

Legal notices, identification, or informational signs erected or required by governmental bodies.

(11)

Signs or markers obtained from a state or federal agency identifying the premises as having been designated a state historical site or listed in the National Register of Historic Places.

(12)

Signs advertising garage sales, yard sales, etc.

(Code 2002, § 220-78(D))

(a)

It shall be unlawful for any person to erect, re-erect, alter, or relocate any sign unless a permit shall have been first obtained from the zoning administrator, except as otherwise provided in this chapter.

(b)

Application for sign permits shall be made to the zoning administrator upon forms supplied by the city.

(c)

The zoning administrator will review the sign for conformance to zoning standards and will transmit one copy of the application to the building inspector for review. The building inspector shall review the sign to ensure conformance with city building codesand general structural soundness. The zoning administrator shall not approve a sign permit without receiving a favorable review from the building inspector.

(d)

The zoning administrator has the authority to approve or deny all sign applications in all zoning districts.

(e)

Application for sign permits for property located within the CBD zoning district shall be reviewed by the downtown development authority (DDA) who will make recommendations to the zoning administrator prior to approval.

(f)

Applicants have the right to appeal any decision of the city administration or DDA to the zoning board of appeals in conformance with article XXII of this chapter.

(g)

A fee schedule shall be set by the City Council which shall be collected with each application for a sign permit.

(h)

In all instances, the zoning administrator may require review by the planning commission.

(Code 2002, § 220-78(E))

(a)

All signs shall be inspected at original installation; if found to comply with this chapter, the sign shall be issued a certificate of compliance.

(b)

The building inspector shall cause existing signs to be inspected biannually, and more frequently if deemed necessary, to determine continuation of compliance with the provisions of this chapter.

(c)

Should any sign be found unsafe, insecure, improperly constructed, or not in accordance with the requirements of this chapter, the erector and/or owner shall be required to make the sign safe, secure, and otherwise in compliance with the requirements of this chapter with 30 days' notice. All signs for which a permit is required and all supports therefor shall be kept in compliance with the plans and specifications filed and approved for issuance of the sign permit and shall be kept and maintained in a safe condition.

(d)

Existing signs determined to be unsafe and an immediate hazard to health or safety shall be removed or repaired at the owners expense within 48 hours of notification.

(Code 2002, § 220-78(F))

(a)

One nonilluminated nameplate sign announcing a home occupation or professional service not to exceed three square feet in area mounted flat against the wall of the principal building.

(b)

One ground sign identifying a subdivision or multiple housing development, nursing home, convalescent center, or adult foster care congregate facility. Such signs shall not exceed 32 square feet and shall be placed no closer to any future road right-of-way than ten feet. No sign shall exceed a height of six feet.

(c)

One temporary sign for a new residential development, advertising the sale or lease of lots, buildings, or units within said development. Such sign shall not exceed 32 square feet in area nor six feet in height and shall be placed no closer to any future road right-of-way than 20 feet. Such signs shall be allowed on a temporary basis for a period not to exceed two years. However, the planning commission shall have authority to grant authorizations to continue such a sign for a reasonable period thereafter, upon a showing that a substantial number of lots, buildings, or units remain vacant.

(d)

Nonresidential uses permitted in the district such as hospitals, churches, and schools shall be allowed one sign, not exceeding 32 square feet in area nor six feet in height and which shall be placed no closer to any future right-of-way line than 20 feet. In addition, such uses shall be allowed one nonilluminated sign not to exceed 50 square feet and mounted flat against the wall of the principal building.

(e)

All signs shall be constructed of natural materials as defined by this chapter or cast metals.

(Code 2002, § 220-78(G))

(a)

One nameplate sign for each exterior building entrance shall be permitted. Such sign shall not exceed six square feet in area.

(b)

One ground sign for each zoning lot. Such sign shall have a maximum area of 20 square feet, a maximum height six feet, and a minimum setback of 20 feet from the future road right-of-way. Additional signs may be permitted when the following conditions exist:

(1)

Two signs may be permitted on a corner lot that has at least 100 feet of frontage on each of two thoroughfares, provided that only one sign is oriented toward each thoroughfare.

(2)

Two such signs may be permitted where the zoning lot, not a corner lot, has frontage on two major thoroughfares and has vehicular access via both such thoroughfares, provided that only one sign is oriented toward each thoroughfare.

(c)

All signs shall be constructed of natural materials, as defined by this chapter, or cast metals.

(Code 2002, § 220-78(H))

(a)

One nameplate sign for each exterior building entrance shall be permitted. Such sign shall not exceed three square feet in area.

(b)

One wall sign per building. Such sign shall not exceed 30 square feet in area.

(c)

One double-faced swinging sign per building entrance shall be permitted. Such sign shall not exceed 12 square feet in area per face. The innermost edge of the overhanging sign shall not be more than one foot away from the wall of the building and the outermost edge of said sign shall not project more than four feet away from the wall of the building. The bottom edge of an overhanging sign shall be eight feet above the ground or sidewalk or 15 feet if overhanging an alley.

(d)

All signs shall be constructed of natural materials, as defined by this chapter, or cast metals.

(e)

No temporary sign made of paper, cardboard, canvas, or similar material will be permitted on the exterior walls. Such signs are permitted to be mounted on the insides of glass storefront windows; however, such signs shall not cover more than 25 percent of the total window area.

(f)

One sandwich sign per store front subject to the following restrictions:

(1)

To ensure that the provisions of this section have been met, a sandwich sign permit shall be obtained by any proprietor desirous of placing such a sign within the CBD District. A sandwich sign permit application shall be filed with the city zoning administrator, and an application fee, in an amount to be determined from time to time by resolution of the City Council, shall be paid. A schematic sketch of the proposed sign, including the proposed dimensions, colors, and materials of the sign shall be included with the application.

(2)

No sidewalk less than eight feet wide shall be permitted to have a sandwich sign.

(3)

The sign shall not create a pedestrian obstruction. The sign shall be located adjacent to the curb, within the brick paver section of the sidewalk where present. If brick pavers are not present, the sign shall be located within four feet of the curb, as measured on a parallel line to the curb. On corner lots, no sign shall be placed within the crosswalk area. No sign shall be placed in a manner that would impair site distance for the safe operation of a vehicle.

(4)

No anchor or tie-down device may be employed with the sign.

(5)

The sign shall be placed directly on the sidewalk, and may not be placed on a bench, chair, platform, or other device to raise the height of the sign.

(6)

During the winter months, the sign area must be cleared of snow to allow the sign to be placed directly on the sidewalk and not on mounds of snow.

(7)

The signs must be associated with and in front of the establishment using the sign.

(8)

Total sign face area not to exceed six square feet per side, with an overall width not to exceed two feet and with overall height not to exceed four feet except for a personal business sign or symbol of the business attached to the insert at the top of the sandwich sign. This insert may not exceed 16 inches high or the width of the sandwich sign.

(9)

The sign frame shall be painted or stained, the frame color must be compatible to the street furniture or lighting fixtures and otherwise blend in with the public space. Contrasting frame color schemes designed to draw attention to themselves and not the message are prohibited. Lively colors and creative expression are encouraged in the changeable copy message area of the sign.

(10)

Signs must be removed from the sidewalk during extremely inclement weather and when the business is closed.

(11)

The city and/or the state department of transportation shall not be held responsible for damage or loss of a sign for any reason, including damage by snow plowing or other maintenance activities.

(12)

The city zoning administrator shall remove any sandwich sign displayed on a public right-of-way in violation of this section, shall impound the sign, and within 24 hours of the removal, shall notify in writing, by first-class mail, the owner of the sign, if ownership is readily determinable, of the location at which the sign is being stored and of the owner's right to retrieve the sign upon payment of an impound fee as set by resolution of the City Council. Signs not retrieved within a period of 30 days after the mailing of such notice may be destroyed by the city.

(13)

Prior to the issuance of a sandwich sign permit, the applying business must provide the city with a certificate of liability insurance. The minimum general liability limits will be $500,000.00 combined single limit (bodily injury, property damage) per occurrence. The insurance policy shall remain in force and effect during the life of the sign. The owner of the sign shall notify the zoning administrator of any change in the policy including the amount, carrier, or of coverage conditions. In addition, the applying business shall, by written agreement with the city, indemnify and hold harmless the city and its agents and employees from and against any suit, action, claim, cause of action, damages, losses, liability, and expenses (including court costs and attorneys' fees) incident to the sandwich board sign and name the city as an additional insured on the liability insurance. Failure to maintain the policy in full force and effect shall be due cause for the zoning administrator to remove the sign as provided for in subsection (f)(1) of this section.

(g)

Automobile service stations shall be permitted one on-premises ground sign, directly or indirectly illuminated, not exceeding five feet in height and 25 square feet in surface display area. Such signs may be placed at the road right-of-way line.

(h)

Automobile service stations shall be permitted one additional accessory sign per gasoline pump, affixed to each pump and not more than two square feet in area.

(Code 2002, § 220-78(I))

(a)

Ground signs.

(1)

One on-premises ground sign, directly or indirectly illuminated, shall be permitted for each zoning lot. Additional signs may be permitted when the following conditions exist:

a.

Two signs may be permitted on a corner lot that has at least 200 feet of frontage on each of two thoroughfares, provided that only one sign is oriented toward each thoroughfare.

b.

Two such signs may be permitted where the zoning lot, not a corner lot, has frontage on two major thoroughfares and has vehicular access via both such thoroughfares, provided that only one sign is oriented toward each thoroughfare.

c.

For each lot having a frontage of 300 or more, one additional sign shall be permitted provided that such signs are at least 200 feet apart.

(2)

Ground signs shall not be more than six feet in height and shall be set back ten feet from the future right-of-way line. Such signs may be multifaced but shall not exceed 60 square feet in surface display area per face.

(b)

A business center shall be permitted one on-premises ground sign, which may be directly or indirectly illuminated. Such sign shall not exceed 25 feet in height and shall be placed no closer to any future road right-of-way than ten feet. A maximum area of 100 square feet per sign face shall be permitted.

(c)

Each use shall be permitted one wall sign one each building facade with road frontage. Such signs shall be limited to an area equal to not more than ten percent of the area of the wall of the establishment upon which the sign is placed.

(d)

Automobile service stations shall be permitted to provide one additional accessory sign per gasoline pump, affixed to each pump and not more than two square feet in area.

(Code 2002, § 220-78(J))

(a)

Ground signs.

(1)

One on-premises ground sign, directly or indirectly illuminated, shall be permitted for each zoning lot. Additional signs may be permitted when the following conditions exist:

a.

Two signs may be permitted on a corner lot that has at least 200 feet of frontage on each of two thoroughfares, provided that only one sign is oriented toward each thoroughfare.

b.

Two such signs may be permitted where the zoning lot, not a corner lot, has frontage on two major thoroughfares and has vehicular access via both such thoroughfares, provided that only one sign is oriented toward each thoroughfare.

(2)

Ground signs shall not be more than ten feet in height and shall be set back 20 feet from the future right-of-way line. Such signs may be multifaced but shall not exceed 64 square feet in surface display area per face.

(b)

In an industrial park, one on-premises ground sign, which may be directly or indirectly illuminated, may be permitted. Such sign shall not exceed ten feet in height and may be placed no closer than 20 feet to any road right-of-way. A maximum area of 100 square feet per sign face shall be permitted.

(c)

Each use shall be permitted one wall sign one each building facade with road frontage. Such signs shall be limited to an area equal to not more than five percent of the area of the wall of the establishment upon which the sign is placed.

(d)

Non-accessory, off-premise signs are permitted in the I-2 District. A maximum height of such signs is ten feet and maximum area is 100 square feet. The height and area of nonaccessory signs may be increased in direct proportion to the setback provided, such that as the setback increases, the sign area may be increased. The sign area may be increased at a ratio of two square feet per one foot of setback added beyond the minimum setback 25 feet from any future road right-of-way. The maximum sign area permitted shall be 300 square feet. The sign height may be increased by one foot for every five feet of setback added beyond the minimum setback but in no instance shall exceed 20 feet.

(Code 2002, § 220-78(K))

Any existing sign on the effective date of the amendment to the ordinance from which this chapter is derived, or any amendment hereafter made, which does not at that time comply with all the provisions hereof, including any amendment:

(1)

Shall not be changed to another type of sign which is not in compliance with this chapter.

(2)

Shall not have any changes made in the words or symbols used or the message displayed on the sign unless the sign is designed for periodic change of message.

(3)

Shall not be structurally altered so as to prolong the life of the sign or to change the shape, size, type or design of the sign.

(4)

Shall not have its face or faces changed unless the sign is brought into conformity with the requirements of this chapter.

(5)

Shall not be reestablished after the activity, business, or usage to which it relates has been discontinued for a period of 90 days or longer.

(6)

Shall not be reestablished after damage or destruction of the estimated expense of reconstruction exceeds 50 percent of the appraised replacement cost as determined by the building inspector.

(Code 2002, § 220-78(L))