(a)

Findings.

(1)

The city finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of their idea or identification of their premises.

(2)

Regulation of the size, height, number and spacing of signs throughout the city is necessary to protect the public safety, to ensure compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the citizens of the city.

(3)

The city further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type of signage as street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings or facilities, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right-of-way is necessary to ensure their visibility to the motoring public. The city finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a proprietary purpose, such as identifying markings on utility poles, those signs are marked primarily for the purpose of benefitting the public generally through identification of locations where there may be temporary losses of power.

(4)

The city finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. Signs at the entrances to subdivisions or major developments favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this article, the provisions of this article are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners.

(5)

In considering the appropriate level of sign regulation for the city, the city council has considered planning studies, reports, news articles and related information from a variety of sources. The city finds that advances in technology utilizing LED components results in signs brighter in appearance for LED signs than for signs not utilizing LED technology. While exact measurements have not been determined, some of the explanation for the additional brightness by LED signs is that the field of light projection is diametrically opposed to that of standard signs. Standard sign lighting, whether ground-mounted or platform-mounted, is directed at the sign itself, leaving very little light emission elsewhere; whereas, the LED sign faces the road system providing a brighter, more readable sign. Studies, particularly during non-daylight hours, demonstrate that attention given by drivers to such signs is longer than attention given to non-LED signs. These findings have been reported by such diverse agencies as the Virginia Tech Transportation Institute in its March 22, 2007, report on Driving Performance and Digital Billboards and the Wisconsin Dept. of Transportation in its December 1994 Milwaukee County Stadium Variable Message Sign Study. As a result of these and other studies pertaining to sign research and information, a compilation of 16 studies and reports, the city has determined that use of LED technology on signage in the city results in potential driver distractions and competing traffic interferences.

(b)

Purpose. The purpose of this article is to permit signs that will not endanger public safety, confuse, mislead, or obstruct vision, or otherwise adversely impact the public health, safety, morality or welfare of the community; to regulate signs to protect and enhance the significant scenic, natural and visual assets of the community and its gateways and corridors; to create orderly and uncluttered zoning districts and corridors; and to otherwise support and complement the objectives in this article.

(Code 2004, § 152.165; Ord. No. 456, 9-16-2013)

(a)

Permit required. Unless specifically exempted by the express terms of this article, any person seeking to erect, construct, enlarge, alter, repair, move, improve, or convert any sign or sign structure in the city shall first obtain a permit for such sign or sign structure.

(b)

Signs exempt from permit requirement. The following signs are exempt from the permit requirements of this article but shall adhere to all dimensional and physical standards:

(1)

Flags;

(2)

Address numerals displayed for the purpose of identifying property location, not to exceed eight inches in height;

(3)

Official signs meeting the standards of this article or the Manual on Uniform Traffic Control Devices;

(4)

A-frame signs in the B-1 zoning district;

(5)

Standard informational signs; and

(6)

Temporary window signs and window signs measuring less than one square foot in sign area.

(c)

Permit procedures. To obtain a sign permit, a complete permit application shall be filed with the city at the office of the community development director and a permit fee, as shall be set from time to time by resolution of the mayor and council, shall be paid at the time of submission of this application. A permit application is not complete unless and until the permit fee is paid.

(1)

Application contents. Each application shall be accompanied by:

a.

The type of the sign and all other information required to establish compliance of the proposed sign with this article;

b.

An itemized list and a keyed site plan at a suitable scale showing the location of all existing signs and sign structures on the lot as well as all proposed signs to be located on the lot;

c.

A scaled drawing with dimensions and specifications, specifying materials, illumination, character sizes, colors, and support systems for each proposed sign;

d.

An estimated cost of construction for each proposed sign;

e.

The applicant's name, address, telephone number, fax number, and email address;

f.

The name, address, and contact information of the owner of the real property upon which the sign is to be located;

g.

Written consent of the owner of the property, or his agent, granting permission for the placement, maintenance, size, and height of the sign to be placed on the property;

h.

The address, parcel number, and lot size of the subject property;

i.

The zoning district in which the subject property is located;

j.

An agreement wherein the applicant shall indemnify the city against all damages, demands or expenses of any kind caused by the sign or sign structure; and

k.

Any other information as may be reasonably required by the community development director, planning commission, or mayor and council to determine compliance with the standards of these regulations.

(2)

Time for decision. Upon the submission of a complete permit application and payment of the required permit fee by the applicant, the community development director or his designee shall have 30 business days to issue a decision granting or denying a permit. The 30-day period shall not begin to run until a complete sign permit application is received by the community development director. At or before expiration of the 30th business day following receipt of the application, the community development director or his designee shall either grant or deny the requested permit. If a decision is not made on or before expiration of the 30-day period then the requested permit shall be deemed granted.

(3)

Standard for permit decision. Where a permit application and accompanying documentation show that the desired sign will conform to all of the requirements of this article as well as all other pertinent laws and ordinances regulating signage, then a permit shall be granted. Where a permit application is incomplete, contains a false material statement or omission, or requests a sign that does not comply with the applicable requirements of this article or any other pertinent laws and ordinances regulating signage, the permit shall be denied.

(4)

Notice of decision. The community development director or his designee shall provide the applicant with written notice of his decision by hand delivery or by mailing such notice to the applicant's address on or before the 30th business day following the community development director 's receipt of the applicant's complete permit application and permit fee. If the permit is denied, the written notice shall set forth the reasons for denial.

(5)

Permit expiration. A sign permit shall expire if the sign for which the permit was issued has not been substantially completed (60 percent completion from a cost analysis) within six months of issuance. No refunds shall be made for a permit once approved. If a permit expires and later the permittee desires to erect a sign at the same location, a new permit application for the sign must be submitted and another fee paid in accordance with the fee schedule applicable at such time.

(6)

Resubmission of rejected permit application. A rejected application later resubmitted in conformity with this article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. The resubmitted application will be considered as a new application and is subject to all application requirements and fees. An application which is resubmitted shall meet all the standards for an original application.

(d)

Revocation of permit. In the event the city determines that an existing sign has been erected in violation of the requirements of this article or any other laws and ordinances regulating signage, exists in violation of standards not otherwise grandfathered, or that the sign was issued a permit on the basis of an incomplete application or an application containing a false material statement or omission, the community development director or his designee shall provide written notice of revocation to the permittee in the same manner as a notice of denial. The notice shall provide a time, not sooner than ten business days nor later than 30 business days from the date of the notice, for the applicant to appear before the community development director and provide evidence as to why the sign permit should not be revoked. A decision by the c community development director to uphold the revocation shall be reduced to writing and served on the permit holder no later than ten days from the date of hearing.

(e)

Appeals. In the event a permit application is denied or revoked, the applicant or permittee may appeal the denial or revocation to the city council by filing a written notice of appeal with the city clerk no later than ten business days after the denial or revocation. The city council shall hear the appeal at their next regularly scheduled meeting that is at least six days after the notice of appeal is received. The appellant may consent to a continued date of hearing, provided the hearing shall be held no later than 45 days from the date of appeal. A final written decision on an appeal shall be rendered by the city council no more than 30 days from the date such appeal was heard. The decision shall be served on the applicant in the same manner as the original notice to deny or notice of revocation. If a decision is not rendered by the city council within the 30-day period, then the permit shall be deemed granted. If the applicant or permittee is dissatisfied with the decision of the city council on appeal, then such person may petition for writ of certiorari to the superior court as provided by law.

(Code 2004, § 152.166; Ord. No. 456, 9-16-2013; Ord. No. 2307, 6-26-2023)

(a)

Non-commercial speech protected. Any sign within the city which is allowable under this article may include, wholly or partially, any non-commercial message, at the discretion of the sign owner, provided such message is not obscene.

(b)

Prohibited signs. The following signs are prohibited in the city:

(1)

Animated signs;

(2)

Signs emitting an audible sound;

(3)

LED signs with a sign face over 30 square feet;

(4)

Obscene signs;

(5)

Portable signs, except A-frame signs in the B-1 zoning district;

(6)

Spectacular signs;

(7)

Roof signs and signs that extend vertically above any portion of a roof or parapet of the applicable wall or that prevent free passage from one part of a roof to any other part thereof;

(8)

Signs which contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go," "slow," "caution," "warning," or similar words in such a manner as to resemble official traffic control signs;

(9)

Signs in the public right-of-way or on public property, other than official signs meeting the standards of this article or the Manual on Uniform Traffic Control Devices;

(10)

Signs that have reflective elements or luminous or glow-in-the-dark paint;

(11)

Signs painted on or attached to trees, fence posts, utility poles, rocks, or other similar structures or natural features;

(12)

Signs which depict nudity or sexual conduct as those terms are defined in O.C.G.A. § 32-6-52;

(13)

Signs posted or placed on any property belonging to another without the express written consent of the owner thereof;

(14)

Signs which advertise an activity which is illegal under federal, state, or local law;

(15)

Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters;

(16)

Tri-vision signs; and

(17)

Stanchion signs.

(c)

Computation of display area.

(1)

Generally. Except as otherwise provided in subsections (c)(2) and (3) of this section, the display area of a sign shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, color, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delimits the sign face.

(2)

Multi-faced signs. For multi-faced signs, when the sign face surfaces are back-to-back, or where the interior angle formed by the faces is 60 degrees or less, the area of the sign shall be taken as the area on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle.

(3)

Wall signs. If polygons established around wall signs located on the same street-oriented wall are within 24 inches or less of one another, then the area of the sign shall be measured within one continuous polygon.

(d)

Computation of sign height. The height shall be measured from the average ground level beneath the sign to the highest point. The ground level shall be the lower of the ground level existing at the time of construction or the ground level existing prior to construction and any earth disturbance at the site. This prior ground level shall be established by a reliable source, including without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person shall artificially increase the maximum height of a sign by altering the grade at the base of the sign.

(e)

Sign location.

(1)

No sign shall be erected, relocated, or maintained so as to block or prevent free ingress or egress from any door, window, fire escape, or ventilation opening;

(2)

No sign or any part thereof, except official signs meeting the requirements of this article, shall be located in any public right-of-way or on public property;

(3)

No sign may be located any closer than 15 feet to an intersection as measured from the nearest point of intersection of the two rights-of-way; and

(4)

Unless a different setback is specified elsewhere in this article, in a zoning overlay district, or in the conditions of zoning, all signs and all parts of signs shall be set back at least ten feet from the right-of-way, or 20 feet from the edge of pavement if a private street, and no sign shall project over the right-of-way or a private street.

(f)

Number of display surfaces. Freestanding signs shall not have more than two display surfaces.

(g)

Changeable copy signs. Unless otherwise specified in the article, changeable copy shall be permitted in conjunction with freestanding signs, provided that:

(1)

The changeable copy portion of a sign shall not simulate movement, flash, fade or scroll, but shall remain constant in lighting, color, and all other changeable variables allowed by technology;

(2)

The changeable copy portion of a sign shall not exceed 50 percent of the overall display area, or 30 square feet, whichever is less; and

(3)

The changeable copy portion of the sign may not change more than twice per minute.

(h)

Sign illumination.

(1)

Types of illumination permitted.

a.

Indirect illumination. Indirect illumination of signs is permitted in any non-residential district provided that such signs shall have concealed wiring and controls and shall have shielded and screened external light sources.

b.

Direct illumination. Direct illumination of signs is limited to the B-3 and I-1 districts. Internally channeled or reverse-channeled letters are permitted only in instances of wall signs affixed to buildings with a front setback of more than 250 feet.

c.

Dimming and hours of illumination. LED and other electronic signs may not operate at brightness levels of more than 0.30 footcandles (under measurement conditions) above ambient light levels as measured at the following distances:

d.

The owner of all LED and other electronic signs shall arrange for an annual certification of the light intensity showing compliance by an independent electrical engineer and provide said certification to the city.

(2)

Operation when business open. No sign shall be illuminated, directly or indirectly, between 11:00 p.m. and 6:00 a.m., unless the premises on which the sign is located is open for business.

(3)

Light pollution. Sign illumination shall not light adjacent properties and roadways. No illuminated signs are allowed within 50 feet of any residential district or dwelling.

(4)

Hazards. Illumination devices shall be placed, filtered, and shielded so direct rays will not be cast into the eyes of drivers or pedestrians.

(5)

Traffic control. No sign illumination device shall resemble an official traffic control or warning sign, nor shall it hide from view or distract from any traffic or street sign or signal.

(6)

Neon tubes. No sign that has exposed neon tubes containing luminescent gas shall be used outside a building.

(i)

Construction standards and maintenance.

(1)

All signs permitted under this article shall be constructed and maintained in accordance with the applicable building and electrical codes of the city. All building and electrical permits required for the erection, modification, or conversion of any sign must be obtained from the city in addition to a sign permit.

(2)

Signs and all their supports, braces, guys and anchors shall be constructed of durable materials and kept in good repair. Unless constructed of galvanized or non-corroding metal, exposed materials shall be given a protective coating as reasonably necessary.

(3)

No sign may have exposed electrical wires.

(4)

The area immediately surrounding all freestanding signs shall be maintained free of high weeds and debris.

(j)

Identification of signs. Every sign for which a permit is required shall be plainly marked with the name of the permittee and shall have the number of the permit affixed on the framework of the sign in the lower right hand area so that it is easily seen.

(Code 2004, § 152.167; Ord. No. 456, 9-16-2013)

(a)

Zoning districts. All signs erected in the city shall meet the physical standards of this article. The following standards shall govern signs in each specific zoning district in the city:

(1)

A-1, R-1A, R-1B, R-2, R-3 districts, and unzoned properties.

a.

Flags. Two flags shall be permitted to be displayed per lot. Flags shall not exceed 24 square feet in display area and shall be flown from either a placard attached to the wall of the structure or from a pole, the top of which is no higher than 25 feet.

b.

Freestanding signs.

1.

One ground sign with a maximum display area of six square feet and height of no more than six feet shall be permitted per lot per residential use.

2.

One ground sign with a maximum display area of 20 square feet and height of no more than six feet shall be permitted per lot occupied by a non-residential use or at the entrance to any platted single-family residential subdivision or multifamily development; provided that the size limit specified by section 108-214 shall apply to all home business signs.

c.

Standard informational signs. Each lot may display one standard informational sign, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

d.

Temporary signs. In addition to all other signs permitted by this subsection, non-residential uses within these districts that are developed properties with vacant lots, units, and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year.

e.

Wall signs. Two wall signs shall be permitted per building on lots occupied by a non-residential use. Wall signs shall have a maximum display area not to exceed five percent of the area of the wall on which they are erected. Wall signs shall not project more than six inches from the surface of the wall on which they are erected.

f.

Window signs. Window signs are permitted. Window signs shall not occupy more than 25 percent of the window area.

(2)

P-1 district.

a.

Flags. Two flags shall be permitted to be displayed per lot. Flags shall not exceed 24 square feet in display area and shall be flown from a pole, the top of which is no higher than 25 feet.

b.

Freestanding signs. One ground sign with a maximum display area of 48 square feet and height of no more than ten feet shall be permitted per lot occupied by a non-residential use. The sign shall be set back at least five feet from the public right-of-way.

c.

Standard informational signs. Each lot may display one standard informational sign, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

d.

Temporary signs. In addition to all other signs permitted by this subsection:

1.

One temporary sign with a maximum display area of 20 square feet and height of no more than six feet shall be permitted per lot for a maximum period of 14 consecutive days no more than four times per calendar year. The sign shall be set back at least five feet from the public right-of-way.

2.

Developed properties with vacant lots, units, and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year. The sign shall be set back at least five feet from the public right-of-way.

e.

Wall signs. Two wall signs shall be permitted per building on lots occupied by a non-residential use. Wall signs shall have a maximum display area not to exceed five percent of the area of the wall on which they are erected. Wall signs shall not project more than six inches from the surface of the wall on which they are erected.

f.

Window signs. Window signs are permitted. Window signs shall not occupy more than 25 percent of the window area.

(3)

B-1 and B-2 districts.

a.

Freestanding signs. One ground sign with a maximum display area of 20 square feet and a height of no more than four feet shall be permitted per lot. Ground signs shall be set back at least five feet from the public right-of-way.

b.

A-frame signs. One A-frame sign with a maximum display area of four square feet and a height of no more than four feet may be displayed per business in a B-1 zoning district. A-frame signs shall be located on the sidewalk in immediate proximity to the entrance of the business and shall be placed in such a manner as to not obstruct pedestrian traffic.

c.

Directional signs. Four directional signs with a maximum display area of four square feet and height of no more than three feet shall be permitted per lot.

d.

Flags. Two flags shall be permitted to be displayed per lot. Flags shall not exceed 60 square feet in display area and shall be flown from a pole, the top of which is no higher than 40 feet.

e.

Projecting signs. One projecting sign with a maximum display area of 12 square feet and extending no more than five feet from the wall to which it is attached is permitted per business on a lot. Projecting signs shall be located immediately above the entrance to the business.

f.

Standard informational signs. Each lot may display one standard informational sign set back at least five feet from the public right-of-way, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

g.

Temporary signs. In addition to all other signs permitted by this article:

1.

Two temporary signs with a maximum display area of 32 square feet each and height of no more than ten feet shall be permitted per business on a lot for a period of consecutive days no more than four times per calendar year.

2.

One additional banner with a maximum display area of 32 square feet shall be permitted per business on a lot for a maximum period of 14 consecutive days no more than four times per calendar year.

3.

Developed properties with vacant lots, units, and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year.

h.

Wall signs. Two wall signs are permitted per business on a lot. Wall signs shall have a maximum display area not to exceed ten percent of the area of the wall on which they are erected. Wall signs shall not project more than six inches from the wall on which they are erected.

i.

Window signs. Window signs are permitted. Window signs shall not occupy more than 25 percent of the window area.

(4)

B-3 districts.

a.

Freestanding signs.

1.

One ground sign with a maximum display area of 20 square feet and height of no more than six feet shall be permitted per driveway entrance to a lot. If a lot has more than one driveway entrance, no more than two freestanding signs shall be permitted.

2.

One additional ground sign with a maximum display area of 48 square feet and height of no more than ten feet shall be permitted per lot.

3.

If a lot contains a drive-in or drive-thru, then one additional ground sign with a maximum display area of 50 square feet and height of no more than seven feet shall be permitted. The sign shall be oriented toward the drive-in or drive-thru lane and shall be located within a side or rear yard.

b.

Directional signs. Four directional signs with a maximum display area of four square feet and height of no more than three feet shall be permitted per lot. In addition, two directional signs with a maximum display area of 12 square feet and height of no more than six feet shall be permitted per lot.

c.

Flags. Two flags shall be permitted to be displayed per lot. Flags shall not exceed 60 square feet in display area and shall be flown from a pole, the top of which is no higher than 40 feet.

d.

Standard informational signs. Each lot may display one standard informational sign, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

e.

Temporary signs. In addition to all other signs permitted by this subsection:

1.

Two temporary signs with a maximum display area of 32 square feet each and height of no more than ten feet shall be permitted per business on a lot for a period of 14 consecutive days no more than four times per calendar year.

2.

One additional banner with a maximum display area of 32 square feet shall be permitted per business on a lot for a maximum period of 14 consecutive days no more than four times per calendar year.

3.

Developed properties with vacant lots, units, and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year.

f.

Wall signs. Two wall signs are permitted per business on a lot. Wall signs shall have a maximum display area not to exceed ten percent of the area of the wall on which they are erected. Wall signs shall not project more than six inches from the wall on which they are erected.

g.

Window signs. Window signs are permitted. Window signs shall not occupy more than 25 percent of the window area.

(5)

I-1 districts.

a.

Freestanding signs.

1.

One ground sign with a maximum display area of 20 square feet and height of no more than six feet shall be permitted per driveway. If a lot has more than one driveway, no more than two freestanding signs shall be permitted.

2.

One additional ground sign with a maximum display area of 48 square feet and height of no more than ten feet shall be permitted per lot.

b.

Directional signs. Four directional signs with a maximum display area of four square feet and height of no more than three feet shall be permitted per lot. In addition, two directional signs with a maximum display area of 12 square feet and height of no more than six feet shall be permitted per lot.

c.

Flags. Two flags shall be permitted per lot. Flags shall not exceed 60 square feet in display area and shall be flown from a pole, the top of which is no higher than 40 feet.

d.

Standard informational signs. Each lot may display one standard informational sign, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

e.

Temporary signs. In addition to all other signs permitted by this subsection:

1.

Two temporary signs with a maximum display area of 32 square feet each and height of no more than ten feet shall be permitted per business on a lot for a period of 14 consecutive days no more than four times per calendar year.

2.

One additional banner with a maximum display area of 32 square feet shall be permitted per business on a lot for a maximum period of 14 consecutive days no more than four times per calendar year.

3.

Developed properties with vacant lots, units, and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year.

f.

Wall signs. Two wall signs are permitted per business on a lot. Wall signs shall have a maximum display area not to exceed ten percent of the area of the wall on which they are erected. Wall signs shall not project more than six inches from the wall on which they are erected.

g.

Window signs. Window signs are permitted. Window signs shall not occupy more than 25 percent of the window area.

(6)

Planned unit development (PUD) districts.

a.

Freestanding signs.

1.

Two ground signs with a maximum display area of 20 square feet each and height of no more than six feet shall be permitted per development.

2.

In addition, one ground sign with a maximum display area of 20 square feet and height of no more than six feet shall be permitted on each side of the entrance to a development.

b.

Directional signs. Four directional signs with a maximum display area of four square feet and height of no more than three feet shall be permitted per lot.

c.

Flags. Two flags shall be permitted to be displayed per lot. Flags on lots occupied by residential uses shall exceed 24 square feet in display area and shall not be flown from a pole, the top of which is higher than 25 feet. Flags on lots occupied by non-residential uses shall not exceed 60 square feet in display area and shall be flown from a pole, the top of which is no higher than 40 feet.

d.

Standard informational signs. Each lot may display one standard informational sign, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

e.

Temporary signs. In addition to all other signs permitted by this subsection:

1.

Two temporary signs with a maximum display area of 32 square feet shall be permitted per business on a lot occupied by a non-residential use for a maximum period of 14 consecutive days no more than four times per calendar year.

2.

One additional banner with a maximum display area of 32 square feet shall be permitted per business on a lot occupied by a non-residential use for a maximum period of 14 consecutive days no more than four times per year.

3.

Developed properties with vacant lots, units, and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year.

f.

Wall signs. One wall sign is permitted per building on a lot occupied by a commercial or institutional use. Wall signs shall have a maximum display area not to exceed ten percent of the area of the wall on which they are erected. Wall signs shall not project more than six inches from the wall on which they are erected.

g.

Window signs. Window signs are permitted for residential units. Window signs shall not occupy more than 25 percent of the window area.

(7)

Planned centers in all zoning districts. The following standards shall govern signs in planned centers in all zoning districts:

a.

Freestanding signs.

1.

One ground sign per street frontage for the entire planned center, not to exceed two per planned center. A ground sign shall not exceed 48 square feet in display area nor ten feet in height.

2.

If a business in a planned center has more than one street frontage, one additional ground sign with a maximum display area of 48 square feet and a height of no more than ten feet shall be permitted per street frontage.

b.

Directional signs. Four directional signs with a maximum display area of four square feet and height of no more than three feet shall be permitted per planned center. In addition, two directional signs with a maximum display area of 12 square feet and height of no more than six feet shall be permitted per planned center.

c.

Flags. Two flags shall be permitted per planned center. Flags shall not exceed 60 square feet in display area and shall be flown from a pole, the top of which is no higher than 40 feet.

d.

Standard informational signs. Each business or tenant may display one standard informational sign, except that during a political election, between the date of qualification and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs.

e.

Temporary signs. In addition to all other signs permitted by this subsection:

1.

Two temporary signs with a maximum display area of 32 square feet each shall be permitted per business in a planned center for a maximum period of 14 consecutive days no more than four times per calendar year.

2.

One additional banner with a maximum display area of 32 square feet shall be permitted per business in a planned center for a maximum period of 14 consecutive days no more than four times per year.

3.

Planned centers with vacant units and/or tenant spaces shall be entitled to one temporary sign per access-providing street frontage of the development. The sign shall not exceed 16 square feet in area and shall have a maximum height of six feet. The sign shall be allowed for a period not exceeding 90 days and for no more than two such periods per calendar year.

f.

Wall signs. One wall sign per business in a planned center. Wall signs shall have a maximum display area not to exceed five percent of the area of the front wall of the building and shall not project more than six inches from the wall. For an anchor establishment in a planned center, an additional four signs are permitted.

g.

Window signs. Window signs are permitted. Window signs shall not occupy more than 25 percent of the window area.

(b)

Conflicts with historic districts and zoning overlay districts. To the extent that any regulations governing any historic district or zoning overlay district now existing or later enacted conflict with this article, the most restrictive provisions shall control.

(Code 2004, § 152.168; Ord. No. 456, 9-16-2013; Ord. No. 2235, 1-23-2023)

(a)

Nonconforming signs may remain in place until one of the following conditions occurs:

(1)

The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or

(2)

The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign, provided that such damage was not the result of an act of God or by other circumstances beyond the control of the owner of the sign.

(b)

A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted provided that said replacement does not constitute a material change to the sign. All nonconforming signs shall be maintained in good repair.

(c)

Minor repairs and maintenance of nonconforming signs shall be permitted; provided however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this article. To the extent that any sign allowable hereunder is damaged or destroyed by an act of God or by other circumstances beyond the control of the owner of the sign then such sign may be repaired without regard to the restrictions of this division within 60 days of when the initial damage occurred; provided that the repairs shall adhere to the original design and shall not prolong the natural life of the sign as it existed before being damaged by an act of God or other circumstances beyond the control of the owner of the sign.

(Code 2004, § 152.169; Ord. No. 456, 9-16-2013)

(a)

Violations.

(1)

No person shall erect, construct, enlarge, alter, move, improve, or convert any sign which does not comply with the standards or requirements of this article, except to render the sign conforming in all respects with the standards of this article.

(2)

No person shall maintain or permit to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition.

(b)

Inspections. The community development director shall periodically inspect each permanent and temporary conforming and nonconforming sign in an attempt to ascertain whether the same is secure or insecure, and whether it is in compliance with the requirements of this article or in need of repair. Responsibility for the safety of signs and security of their attachment or erection remains at all times with the sign owner.

(c)

Removal procedure.

(1)

The community development director shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign or a sign for which no permit has been issued or which is otherwise in violation of this article. The community development director shall prepare a written notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within 30 days, the sign shall be removed in accordance with the provisions of this section.

(2)

All removal notices shall be sent by certified mail and first class mail. Any time periods provided in this subsection shall be deemed to commence on the date of the receipt of the certified mail, or if the first class mail is not returned, three days after mailing.

(3)

The removal notice shall be mailed to the owner of the property on which the sign is located, the owner of the sign and the occupant of the property. If any of such persons is unknown or cannot be found, notice shall be mailed to such person's last-known address, if any, and posted on the sign or on the premises.

(4)

Any person having an interest in the sign, or the property may appeal the determination of the of the community development director ordering removal or compliance by filing a written notice of appeal with the city clerk within ten days after receipt of notice. The appeal of the community development director determination shall be heard by the city council at their next regularly scheduled meeting that is at least six days after the notice of appeal is received. The appellant may consent to a continued date of hearing, provided the hearing shall be held no later than 45 days from the date of appeal. A final written decision on an appeal shall be rendered by the city council no more than 30 days from the date such appeal was heard. The decision shall be served on the applicant in the same manner as the original determination notice. If a decision is not rendered by the city council within the 30-day period, then the community development director determination shall be deemed to be upheld. If the applicant or permittee is dissatisfied with the decision of the city council, then such person may petition for writ of certiorari to the superior court as provided by law.

(5)

Notwithstanding the above, in cases of emergency, the community development director may cause the immediate removal of a dangerous or defective sign without notice. Additionally, signs in the public right-of-way or on public property may be removed without notice at any time.

(6)

Any sign removed by the community development director pursuant to the provisions of this article shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall constitute a lien against the property and shall be recoverable in the same manner as city property taxes. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.

(7)

When it is determined by the community development director that the sign would cause imminent danger to the public safety, and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the community development director or his designee shall document the imminent danger and attempt to contact the sign owner, and may correct the danger, all costs being charged to the sign owner and property owner.

(8)

If it shall be necessary for the community development director to remove a sign pursuant to the provisions of this section, and it should be practicable to sell or salvage any material derived in the removal, he may sell the same at private or public sale at the best price obtainable, and shall keep an account of the proceeds thereof. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the sign owner or property owner. Where the proceeds derived from such a sale are less than the cost of removal, such deficiency shall constitute a lien against the property on which the sign is located, such lien to be collectible in the same manner as city property taxes.

(Code 2004, § 152.170; Ord. No. 456, 9-16-2013; Ord. No. 2308, 6-26-2023)