(a)

General. This article is designated the "Sign Ordinance" of the City of Guymon. The sign ordinance shall govern the design, construction, installation, alteration, repair, location, removal and operation of all signs in the city.

(b)

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

A-frame sign means a ground sign which resembles the shape of the letter "A" in profile view. Sometimes designated as "sandwich board", "sidewalk board" or "curb sign."

Abandoned sign means a sign which is no longer used for sign purposes on the premises where the sign is displayed.

Animated sign means a sign employing actual motion or the illusion of motion and include the following types:

Electrically activated sign means animated signs producing the illusion of movement by means of electronic, electrical, or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below.

Flashing sign means animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of no illumination. For the purposes of this article, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.

Patterned illusionary movement sign means animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

Environmentally activated sign means animated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.

Mechanically activated sign means animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

Awning sign means a cloth, plastic or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building.

Banner, flag or pennant means any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, not including official flags of the United States, the State of Oklahoma, and other states of the nation, counties, municipalities, and official flags of foreign nations.

Billboard means a sign which directs attention to a business, commodity, service, or entertainment not conducted, sold or offered on the premises where the sign is located. Also an off-premises sign.

Building mounted sign means a sign which is permanently affixed to the building which the sign is intended to identify or advertise.

Bulletin board means a sign which accommodates manually changeable copy which displays information on activities and events on the premises.

Canopy sign means any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance. A canopy sign is not a marquee and is considered a building mounted sign.

Church directional sign, off-premises, means a sign located on arterial streets which directs attention to a church not on the premises where the sign is located.

Digital shall mean and include any pixel based or similar technology used to display and/or change the image and/or copy on a sign by electronic, digital, LED, video or similar technology.

Directional sign, on premises, means an on premises sign designed to be read by a person already on the premises and used only to identify and locate an office, entrance, exit, telephone, or similar place, service or route.

Downtown Corridor means North Quinn Street and North Main Street from U.S. Highway 54 north to Northwest 6th Street; Ellison Street from Northwest 4th Street to Northwest 6th Street. (See Exhibit 1)

Electrical sign means any sign containing electrical wiring in, on or attached to it or which is intended to be energized by an electrical energy source.

Electronic message center and display screen means any on premises sign or portion of a sign that uses changing lights to display an electronic image, video or text messages. The rate of change of the messages or images is electronically programmed and can be modified by electronic processes. This definition includes television screens, plasma screens, digital screens, flat screens, LED screens, video boards and holographic displays.

Facade means the side of a building below the eaves.

Lot street frontage means the lineal frontage of a lot or parcel abutting on a private or public street which provides access to or visibility of the premises.

Ground sign means a sign supported by one or more columns, uprights, poles or braces extended from the ground or from an object on the ground, or a sign which is erected on the ground, or by any means other than by attachment to a building support.

Sign, ground monument, means any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure. Ground monument signs are typically mounted on a masonry base. As distinguished from a pole sign, the sign base of any monument sign must be a minimum of 75 percent or more of the width of the sign face that is to be situated on the base. If less than 75 percent, it is considered a ground pole sign.

Sign, ground-pole, means a sign erected and maintained on one or more freestanding mast or pole and not attached to any building, but not including a ground monument sign.

Height means the vertical distance from the mean curb level of the lot upon which the sign is located to the upper most point on the sign or structure.

Illegal nonconforming sign means a sign which was in violation of any of the laws of the city governing the erection, placement or construction of such sign at the time of its erection and has never conformed to the law.

Illuminated sign means any sign, except a neon sign, designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purpose of providing light for the sign.

Illumination, direct, means a lighting by means of an artificial light source, including neon tubing, which is visible either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.

Illumination, indirect, means a sign which does not produce artificial light from within itself but which is opaque and backlit or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign within but with no exposed or exterior bulbs, tubes or other light source which are not visible to persons viewing the sign from any street, sidewalk, or adjacent property.

Institutional sign means a sign placed on premises of an institution containing the name of and/or information relating to such uses. Uses allowed: public facilities, schools, religious assembly, hospitals or government owned facilities.

Legal nonconforming sign means any sign which was lawfully erected and maintained prior to the enactment of this article, but which does not conform to all the applicable regulations and restrictions of this article.

Lot street frontage means the length of the property line or lot line bordering a public road. For corner lots, each street side property line shall be a separate street frontage. The frontage for a single use or development on two or more lots shall be the sum of the individual lot frontages.

Multi-tenant sign means an on premises sign identifying individual businesses within a commercial building or buildings where the uses share the same lot, access and/or parking facilities or a coordinated site plan.

Mural means a work of graphic art painted or applied to building wall(s) which contains no advertising or logos.

Nameplate means any sign which designates the name, using plates, of the person(s) occupying the premises.

Political sign means a temporary sign larger than four square feet but not exceeding 32 square feet identifying a political candidate, slate of candidates, issue or party for any public office or similar political purposes.

Portable sign means a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels, signs of A-frame or T-frame or mounted on springs, menu and sandwich board signs, balloons used as signs, umbrellas used for advertising.

Roof means the exterior surface and its supporting structure on the top of a building or structure.

Roof sign means any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.

Setback means the minimum allowable horizontal distance from a given point of line of reference, such as a street right-of-way, to the nearest vertical wall or other element of a building or structure.

Sign means all or part of any object, structure or device intended to be viewed by the public for advertisement or identification of a business, location, object, person, institution, organization, product, service or event by means of including words, pictures, logos, symbols, colors, motion, illumination or projected images.

Sign area means the area of the largest single sign face within a perimeter which forms the integral part of the display, excluding the necessary support or upright on which the sign is placed.

Sign structure means any part of a sign, including the base, supporting columns or braces, display surface or any appendage thereto.

Sight triangle means the area designated as corner visibility. (See Exhibit 2)

Site plan means an accurately scaled development plan that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development. Among the features generally required on a site plan are the property boundaries and lot lines, existing streets and impervious surfaces, existing buildings and other structures, major features of the landscape, proposed street and utility networks and planned access points.

Subdivision entry sign means a sign integrated into the entrance treatment (i.e., entrance wall) with the name of the subdivision or planned unit development on one or both sides of each principal entrance. Subdivision entry signs shall not obstruct any public right-of-way or easement.

Temporary sign means any on premises sign intended for a temporary period of display and constructed out of cloth, canvas, cardboard, wall board, plywood or other light temporary material with a structural frame.

V-type sign means a sign consisting of multiple sign facings placed at angles to each other, oriented in different directions and not exceeding ten feet apart at any point.

Vehicle mounted sign means a sign mounted or displayed on any truck, bus car, trailer, boat or other vehicle which is not in operating condition and not currently registered and licensed to operate on public streets and not actively used as a vehicle.

Wall sign means a sign attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.

Zoning district means any section of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each class of building therein. When an interpretation is required for a definition that is not included in this subsection, the building inspector and other designated personnel will make a determination. Should an aggrieved party disagree with that decision, appeal is made to the board of adjustment.

(Ord. No. 822, § 1, 8-31-2017)

The purpose of these regulations is to:

(1)

Protect and enhance the character, property values and stability of new and existing residential neighborhoods and commercial and industrial districts in the city.

(2)

Establish a regulatory framework for the use of signs as an adjunct to economic and social activities of the residents, institutions and businesses of the community.

(3)

Conserve the taxable value of land and buildings.

(4)

Reduce sign clutter and to eliminate the potential for the distraction of motorists and the degradation of the appearance of the community that results from an excessive number of signs.

(5)

Protect aesthetic values and establish and maintain standards of community appearance with respect to signs.

(6)

Provide standards and procedures for the removal, elimination or relocation of signs which fail to conform to those standards.

(7)

Establish an administrative framework for the enforcement of sign standards and regulations.

(Ord. No. 822, § 1, 8-31-2017)

The following criteria shall apply to all signs in the city, unless exempted:

(1)

Applicability. Except as otherwise provided in this article, it shall be unlawful for anyone to erect, construct, enlarge, move, convert or place any sign in the city without first obtaining a sign permit for each such sign from the city. This article shall not be construed to require a permit for a change to the copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, as long as the sign or structure is not modified. A new permit is not required for signs which have permits and which conform with the standards of this article on the date of adoption of the ordinance from which it is derived unless and until the sign is altered or relocated. Permit fees shall be established by resolution of the city council.

(2)

Change of sign owner or user. Whenever there is a change in the sign user, except for billboards and noncommercial signs, the owner or new property owner shall obtain a new sign permit if the sign is to be altered or relocated.

(3)

Sign permit requirements.

a.

A sign permit shall be required for the erection, alteration or reconstruction of any sign unless exempt as provided in this article.

b.

No sign shall be erected or maintained unless it is in compliance with the regulations of this article.

c.

Signs must be constructed of durable materials, be maintained in good condition and not be permitted to become dilapidated.

d.

Signs shall be illuminated only by steady, stationary, shielded light sources directly solely at the sign, or internal to it. It must not create glare for motorists, pedestrians or neighboring premises. It shall not produce more than one foot-candle of illumination four feet from the sign.

e.

Any sign which advertises an activity, business, product or service which has ceased operation, existence or production, or which no longer carries a message for a period of one year, shall be removed by the end of the calendar year.

f.

All signs erected or maintained in accordance with the provisions of this article shall be maintained in compliance with all applicable state laws and with the building code, electrical code and other applicable city ordinances. In the event of a conflict, the more restrictive standard shall apply.

g.

Signs which display either constantly or in sequence electronically or electrically controlled changes in the same lamp bank shall be allowed provided the copy display shall remain constant for at least two-second intervals between changes.

h.

No sign shall occupy a parking space required under the minimum standards of this chapter.

i.

Wall signs shall cover no more than 25 percent of the wall area on any side of a structure.

j.

A detailed sign plan shall be submitted.

(4)

Removal.

a.

The city shall cause to be removed any sign that is abandoned or endangers the public safety or is dangerous or is a materially, electrically or structurally defective sign, or a sign for which a permit has not been issued.

b.

The city shall order the removal of an illegal sign otherwise required to be removed after notice herein provided or as provided in the applicable building, electrical or fire codes. The notice shall be sent to the building owner or sign owner by certified mail or written notice served personally. If the sign is not removed within 30 days of the date the notice was sent or delivered, the sign may be removed at the expense of the owner. Signs placed in the rights-of-way of any public street may be removed immediately by the city at the cost of the sign owner.

(5)

Disposal.

a.

Any sign removed by the city in accordance with this article shall be at the cost of the owner and become the property of the city and may be disposed of in a manner deemed appropriate by the city. The sale or salvage value, if any, will be applied to the cost of removal and disposal.

b.

Should the city determine a sign is an imminent danger to the public safety and the sign or building owner cannot be contacted, the city may correct the danger without notice, with all costs being charged to the sign owner and property owner.

(Ord. No. 822, § 1, 8-31-2017)

The following are exempt from the requirement to obtain a sign permit, but shall otherwise comply with the terms of this article, except as otherwise specifically indicated:

(1)

Banner, flag or pennant. As defined in section 48-102(b).

(2)

Bulletin board. Bulletin boards for public, charitable or religious institutions when the same are located on the premises of the institutions and are less than 24 square feet in area, provided such sign shall be located on the same lot as the principal structure.

(3)

Construction signs. One construction sign not more than 24 square feet in surface area in a residential district and no more than 36 square feet in a commercial or industrial district, which identifies the architect, contractor or engineer, when placed on the lot which is a construction site of such architect, contractor or engineer.

(4)

Directory signs. Those that are no more than six square feet in area.

(5)

Home occupation signs. No permit is necessary if the following criteria are met:

a.

Permitted in the A-1, R-1, R-2, R-3 zoning districts.

b.

The maximum sign area is two square feet.

c.

The sign must be attached to the main or accessory building.

d.

The sign shall not be illuminated.

(6)

Holiday decorations. Decorations displayed in connection with civic, patriotic or religious holidays.

(7)

Incidental signs. Such as credit cards, trade affiliations and the like either attached to a pole sign or building, as long as the sign does not exceed five square feet of area per sign face.

(8)

Murals. As defined in section 48-102(b).

(9)

Political and noncommercial signs. Temporary signs advertising political candidates or parties, provided that such signs may not be erected before the applicable filing period and shall be removed within 30 days following such election; or signs advertising support or opposition to any public issue, provided that such signs shall not be erected more than 30 days prior to the election on the issue and shall be removed within 30 days following such elections. These signs shall not be placed any closer than 15 feet from the right-of-way.

(10)

Real estate signs. In residential districts, one real estate sign not more than eight square feet in surface; and not more than 18 square feet for multi-family dwellings. In commercial districts, one real estate sign not more than 36 square feet of surface area per street frontage. Real estate signs shall not be placed any closer than 15 feet from edge of the street.

(11)

Temporary signs. Provided that signs may not be erected more than 30 days before a special event. These shall be removed within seven calendar days following the special event. They can be placed no closer than 15 feet from the edge of the street. No more than two temporary signs shall be placed on a site per year.

(12)

Traffic control signs. Traffic and other signs erected by the city or state and maintained by the city or other public entity.

(13)

Utility signs. Signs showing the location of underground facilities.

(14)

Warning signs. These signs, such as "Beware of Dog" and "No Trespassing" shall be not more than two square feet in size and not exceed one sign per 50-foot wide lot.

(15)

Window signs. Nothing shall be construed in this article to regulate window signs.

(Ord. No. 822, § 1, 8-31-2017)

The following types of signs shall be prohibited within the city limits:

(1)

Billboards. Unless a sign permit is approved by the city council.

(2)

Flashing signs. No sign shall display lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles; nor shall any signs use the words, slogans, dimensional shape and size, or colors of governmental traffic signs.

(3)

Illegally affixed signs. Signs painted or attached to natural features such as, but not limited to, trees and rocks, telephone and utility poles or fence posts.

(4)

Obstructing signs. Those which obstruct any ingress or egress, including doors, windows or fire escapes.

(5)

Open flames. Any open flames used to attract public attention to a place of business or to an advertising sign.

(6)

Parked vehicle signs. Signs placed or painted on parked vehicles or trailers where the primary purpose is to advertise a product or service, or to direct the public to a business or activity located on or off the premises are prohibited.

(7)

Attention-grabbing signs. Revolving, rotating, flashing or blinking beams or beacons of light shall be prohibited as a part of a sign display including signs in windows or as a device to attract attention. Flashing or blinking lights that are incorporated into an electronic changeable message board may be allowed as provided in this article.

(8)

Signs affixed. Signs affixed to trees or other natural vegetation, rocks, or to any structures or poles used for utilities.

(9)

Continuously outlined signs, light strings. Signs continuously outlined with individual light bulbs or string of lights including lights that outline property lines, sales areas, or any portion of a structure and are intended to advertise or draw attention to a business or commercial activity, except as follows:

a.

Lights used temporarily as holiday decorations.

b.

Lights or other devices used on a temporary basis on parcels on which carnivals, fairs, or other similar temporary activities are held.

(10)

Emissive signs. Signs which emit smoke, visible vapors, particles, sound or odor or traffic controls.

(11)

Roof signs. As defined in section 48-102(b).

(Ord. No. 822, § 1, 8-31-2017)

The following signs shall be permitted in residential districts, unless otherwise provided in this article.

(1)

Real estate signs, construction signs, identification signs and instructional signs which comply with the number, height, area, manner and location provisions of the districts, provided that real estate signs be removed no later than five days after the close of sale.

(2)

Subdivision entry sign.

(3)

Signs identifying any of the following uses shall be allowed, subject to a maximum sign area of 24 square feet and not more than one such sign per lot. No sign shall exceed six feet in height.

a.

Public or private school.

b.

Places of assembly.

c.

Nursing or rest home.

d.

Public park or recreation area.

(Ord. No. 822, § 1, 8-31-2017)

(a)

The following signs are permitted in commercial zones subject to the stated regulations.

(1)

Temporary signs if attached to the building structure and which do not project more than 12 inches from the side of the building.

a.

No more than two temporary signs per building.

b.

One flag or balloon may be directly attached to each parking lot light pole, if located within the C-2 highway commercial and commercial recreation district and C-3 general commercial district. Balloons shall not exceed a height of 25 feet.

(2)

On premises, non-commercial, and off-premises signs which meet the number, height, area, manner and location area allowed in the C-1, C-2, I-1 and I-2 zoning districts.

(b)

There is no limit to the number of non-projecting wall signs as long as the total area allowed standard is not exceeded.

(c)

No pole or other type of ground sign shall exceed a height of 30 feet.

(d)

On premises wall signs and ground signs are permitted. The aggregate display surface area of all signs shall not be greater than two square feet of display surface area per each lineal foot of street frontage. In the case of wall signs, the most restrictive of the 25 percent of the facade standard shall apply.

(e)

Ground signs are permitted as follows:

(1)

For non-shopping centers, individual businesses.

a.

The maximum area allowed shall not exceed 150 square feet per sign.

b.

One sign is permitted per tract ownership, except when there is a single ownership fronting on two streets of intersecting public streets, not to include alleyways or driveways. One additional sign shall be permitted with at least 300 feet minimum separation between signs.

(2)

In shopping center locations containing freestanding buildings and sign area does not exceed 150 square feet.

(3)

In shopping centers where there are multiple tenant buildings or occupancies of a single building if:

a.

Sign area does not exceed 300 square feet per sign for signs placed on a pole.

b.

An additional sign shall be permitted where there is a single ownership on a contiguous lot frontage in excess of 600 feet, with at least 300 feet minimum separation between signs. Sign area under this provision shall not exceed 150 square feet.

(f)

Off-premises and noncommercial signs.

(1)

Billboards. All billboard sign permits shall require approval of the city council upon recommendation of the planning commission. Billboards are subject to the following regulations:

a.

Billboards shall be oriented to be primarily visible from those streets designated as highway commercial on the future land use plan map of the comprehensive plan.

b.

Billboards shall only be permitted in the C-2, I-1 and I-2 zoning districts. The sign shall be located no closer than 600 feet to any other billboard off-premises or noncommercial sign on the same side of the road and shall be permitted only on lots with a street frontage of 100 feet or greater.

c.

The sign cannot be located within 100 feet of a line drawn perpendicular to the right-of-way from another such sign on the opposite side of the roadway.

d.

The sign shall not be located within 150 feet of a public park.

e.

The sign shall not be located within 150 feet of a residential district.

(2)

Distance from right-of-way. No off-premises sign shall be located, constructed or extended closer to the street right-of-way line than 25 feet.

(3)

Height.

a.

No off-premises sign shall exceed 70 feet in height.

b.

Height is measured from the grade level at the base of the sign structure support nearest the street, straight upward to the highest point of the sign facing.

(4)

Area. No sign shall contain more than two sides, nor shall the total display surface area for each side exceed 675 square feet. The two sides shall face in opposite directions including V-shaped signs when not more than 15 feet separates the open side of the display surface.

(5)

Off-premises signs operation.

a.

No sign shall display lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance or rescue vehicles; nor shall any signs use the words, slogans, dimension shape and size, or colors of governmental traffic signs.

b.

No such sign shall contain visible moving parts on the cutout or extension portion of the sign.

c.

Extensions shall be permitted in addition to the display surface area permitted, so long as the extensions do not exceed 15 percent of the display surface area.

(6)

Church directional signs.

a.

Church directional signs are to provide directions to churches only. They are permitted in all zoning districts.

b.

Maximum area shall be 12 square feet in sign area.

c.

Maximum height shall be eight feet.

d.

Signs shall sit a minimum of ten feet from the property line.

e.

Signs shall be located a maximum of 2,000 linear feet from the property which it identifies.

f.

Signs shall not be illuminated.

(7)

Temporary directional signs.

a.

Temporary directional signs are permitted in all zoning districts.

b.

Maximum area shall be five square feet in sign area.

c.

Maximum height shall be three feet.

d.

No portion of a sign can overhang or extend past the property line.

e.

Signs shall not be illuminated.

f.

Signs shall be constructed as either ground mounted or pole signs.

g.

A permit shall not be required for temporary directional real estate signs.

h.

No temporary sign shall be placed in the public right-of-way or utility easement.

(Ord. No. 822, § 1, 8-31-2017)

Signs within the downtown corridor shall be subject to the additional following requirements:

(1)

Wall and projection signs.

a.

One wall or projection sign per facade on every side of the building with exposed illumination will be permitted for each individual business.

b.

The outline area of each wall sign shall not exceed 25 percent of the wall area of the business on which the sign is attached. No sign may exceed 150 square feet in area.

c.

No sign shall project more than five feet above the roof line of the building. This requirement shall not apply to pre-existing legal non-conforming signs.

d.

Signs may project up to five feet into any portion of the right-of-way not occupied by a road surface. Signs which overhang a sidewalk shall be a minimum of eight feet above the sidewalk.

(2)

Freestanding signs.

a.

Height. Multiple tenant signs shall not exceed ten feet in height, including the monument base. Individual tenant freestanding signs shall not exceed six feet in height, including the base.

b.

Sign area. The maximum sign area of a multiple tenant identification sign shall be 48 square feet. Individual tenant signs shall be no more than 24 square feet per side.

c.

Hanging signs shall be constructed on a single post and perpendicular bracket design. The height of the signpost shall not exceed six feet in height. The sign area shall not exceed six square feet.

(3)

Temporary signs for daily specials.

a.

Menu boards, sandwich boards or A-frame type signs shall be allowed for the purpose of advertising nonrecurring daily specials.

b.

These signs shall be removed from display each day at the close of business.

c.

Limited to a maximum of six square feet in area per side up to two sides to any one sign.

(Ord. No. 822, § 1, 8-31-2017)

(a)

Location.

(1)

Digital signs shall be allowed in the C-1, C-2, C-3, I-1, I-2 and P-1 zoning districts.

(2)

Digital signs shall only be allowed in the downtown corridor with approval of a sign permit by the city council upon recommendation of the planning commission.

(3)

Digital signs for churches and schools that are not located within a commercial, industrial or general public district shall be permitted if conforming to the following:

a.

Signs shall not be displayed between the hours of 10:00 p.m. and 6:00 a.m.

b.

The maximum area allowed shall be 54 square feet per sign.

(b)

Display .A digital sign shall not allow any single display, advertisement, or message to change more frequently than once every six seconds, with a transition period between each display of one second or less.

(1)

The maximum brightness levels for a digital sign shall not exceed 0.5 foot-candle over ambient light levels at all times, day or night. Certification must be provided to the city at the time of the sign permit application demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower.

(2)

Digital sign illumination requirements:

a.

The luminance of a digital sign shall be measured at least 30 minutes before sunset, with a foot-candle meter with the digital sign or displaying a black image at a pre-set distance, and again with the sign on displaying a white image at the same distance.

b.

All measurements shall be taken perpendicular to the face of the sign at the distance determined by the sign area versus measurement distance. The following formula shall be used to determine the distance:

Measurement distance = Square root of the area of sign square footage x 100.

c.

If the difference between the readings is 0.5 foot-candle or less at night, the brightness is adjusted correctly.

d.

All digital signs shall be equipped with a sensor or other device that automatically adjusts the sign to comply with the 0.5-foot-candle measurement standard. Certification must be provided to the city at the time of the sign permit application.

e.

Existing digital signs may use a timer, photocell or other means to adjust the brightness. Timers shall be set to lower the brightness from 30 minutes before sunset to 30 minutes after sunrise throughout the year.

(Ord. No. 822, § 1, 8-31-2017)

A nonconforming sign that lawfully exists at the time of the passage of the ordinance from which this article is derived shall not be continued and maintained by reasonable repairs if:

(1)

The sign is deemed unsafe.

(2)

The sign is located within the sight triangle and obstructs the view of motorists.

(3)

The sign is in 50 percent disrepair.

(4)

The sign cannot be maintained in conformance with the building, electrical and fire codes.

(5)

The sign is in a required parking space or located in the public right-of-way.

(6)

The sign has been determined to be abandoned.

(7)

The sign is an off-premises or noncommercial sign outside the downtown corridor unless otherwise provided.

(Ord. No. 822, § 1, 8-31-2017)

Every sign, including those exempted from this article, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not rust resistant. The building inspector or authorized representative shall inspect and shall have authority to order the painting, repair, alteration or removal of any sign which constitutes a hazard to the health, safety or general welfare of the public.

(Ord. No. 822, § 1, 8-31-2017)

The provisions of this article, in their interpretation and application, are the minimum standards adopted to ensure the public health, safety and general welfare of the public. Wherever any of the standards of this article are inconsistent with the provisions or requirements of any other ordinance or laws presently existing or enacted in the future of the city or any other lawfully adopted rules, regulations, deed restrictions or covenants, the provisions or requirement containing the most restrictive regulation or containing the highest standard shall apply and govern.

(Ord. No. 822, § 1, 8-31-2017)

All provisions of this article shall be enforced and administered by the building inspector or other personnel designated by the city manager.

(1)

The duties and powers of the administrator shall be:

a.

To receive all applications for sign permits for the erection of signs.

b.

To ensure, prior to issuance of any sign permit, that the proposed sign and structure conforms in all respects to the provisions of this article and other applicable regulatory criteria.

c.

To require any information necessary to determine the conformity of the application with the regulations of this article including, but not limited to, the following:

1.

Sign area.

2.

Size, character, general layout and designs proposed for painted displays.

3.

The method and type of illumination, if applicable.

4.

The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines and existing signs.

5.

Location of other signs on the same or opposite sides of the roadway.

6.

Payment of the fee to obtain the permit.

7.

Approval of the property owner.

8.

The administrator may order the painting, repair, alteration or removal of signs which become dilapidated or are abandoned, or constitute a physical hazard to the general public.

(2)

Appeal procedure. Any person aggrieved by the application of any provision of this article may appeal to the board of adjustment.

(Ord. No. 822, § 1, 8-31-2017)

Any person who violates any provision of this article or fails to comply with any requirement hereof shall upon conviction be subject to penalty under section 1-13.

(Ord. No. 822, § 1, 8-31-2017)