A. Intent: This chapter is intended to provide standards for the design, placement, and erection of signage. The standards established by this chapter are intended to provide equal opportunity for messages to be displayed, achieve proper relationship of signs to their environment, enhance the outward appearance of the community, secure pedestrian and vehicular safety, and preserve the historic aspects of the city.
B. Applicability: This chapter applies to all signs erected, installed, structurally altered, or otherwise modified after the effective date of this Code. Adoption of this code does not permit signs erected in violation of previous versions of this chapter. Nonconforming signs are subject to the provisions of § 11-23-7.
C. Administration And Enforcement:
1. The sign administrator for the city shall be the director of the community development department or the administrator's designees. It shall be the administrator's responsibility to:
a. Review, approve and process applications for and issue sign permits;
b. Conduct public hearings to resolve requests received for variances to the general sign regulations before the governing body;
c. Approve a Planned Sign Program;
d. Enter any premises, building or structure in the city following the presentation of proper credentials for the purpose of inspection of a sign and its structural and/or electrical connections to ensure compliance with applicable codes and ordinances;
e. Enforce and carry out all provisions of this code.
1. Unless specifically exempted in §11-23-4 a permit must be obtained prior to erection, installation, display, or alteration of sign.
2. A permit is not required to change the face of a sign provided there is no change to the type of display face being used which shall be considered an alteration.
3. Each application for a sign permit shall be accompanied by the appropriate fee based upon the sign's valuation and as determined from the current building permit fee schedule adopted by the building department. Each application for a variance shall be accompanied by the fee established for that process by city resolution. No sign as described or limited by the provisions of this chapter shall be erected or otherwise installed or altered without first having obtained a permit.
4. If erection of a sign, later found to be acceptable, occurs on a property prior to approval and permitting by the administrator, the specified permit fee shall be doubled as provided for in the building permit fee schedule.
5. When a sign is erected illegally without proper review, approval or permit, or when, in the opinion of the administrator, a violation of the general sign regulations exists, the administrator shall identify and notify the alleged violator in writing of the need to:
a. Correct or remove said violation within ten (10) days; or
b. To make appeal of the administrator's determination in writing to the city manager within ten (10) days.
Any pending enforcement action will be held in abeyance during this period, and if an appeal is received, until such appeal is resolved (see also: §11-23-8). The notice requirements of this part do not apply in a case of emergency as provided in §11-23-8D.
E. Substitution Clause: A protected noncommercial message of any type may be substituted, in whole or in part, for the message displayed on any sign for which the sign structure or mounting device is legal without consideration of message content. This provision applies to all signs, including billboards, allowed under this ordinance. Such substitution of message may be made without any additional approval, permitting, registration or notice to the city.
1. Setbacks And Encroachments:
a. District dimensional standards for buildings do not apply to signs.
b. Awning, canopy, pedestrian, or projecting signs can encroach 42 inches beyond the property line over a public right-of-way provided that:
(1) The sign cannot encroach within a vertical plane measured 2' (two feet) from the back of the curb;
(2) The bottom edge of the sign must maintain a clearance of at least 10' (ten feet) from the finish grade level below the sign (or a variance must be obtained from the governing body);
(3) The encroachment cannot constitute a hazard to the use of the right-of-way by the public;
(4) Encroachment cannot be placed in a way as to constitute an obstacle in violation of local, state, and federal universal accessibility laws, rules, and regulations.
c. Placing an encroachment in the right-of-way as permitted by this section does not grant any property rights in the City's right-of-way to the owner of the encroachment.
d. The city may, without warning, perform construction and maintenance activities within the right-of-way. The city is not responsible for any damage to any encroachments present in the right-of-way when performing these activities.
e. Encroachments permitted by this section are subject to removal, at property owner's expense, upon sixty (60) calendar days written notice from the City.
a. All signs must meet the following provisions for maintenance. Signs that do not meet these provisions must be repaired or removed within ninety (90) calendar days after receipt of notification from the Sign Administrator. Violations of this chapter are subject to the provisions of §11-23-8.
b. The area around a sign must be properly maintained to make the sign readily visible.
c. All non-functioning bulbs or damaged sign faces or panels must be replaced or repaired within sixty (60) calendar days of written notice, or proof of an order for parts or services and a timeline not to exceed 180 days from the notice of violation for the repairs to be made must be given to the sign administrator.
d. All sign copy must be maintained securely on the sign face or panel and all missing copy must be replaced within sixty (60) calendar days of written notice, or proof of an order for parts or services and a timeline not to exceed 180 days from the notice of violation for the repairs to be made must be given to the sign administrator.
e. All sign structures, framework, and poles must be structurally sound.
f. All signs in their installation, maintenance, and removal must comply with the provision of the building and electrical codes adopted by the city.
G. Application For Permits/Variances:
1. Application for a permit for the erection or alteration of a sign or to request a variance by the governing body from a specific sign criterion as set forth in chapter 5 of this title shall be made upon the forms provided by the administrator.
2. Applications must be complete to be considered valid. Failure to provide the information requested on the form is grounds for rejection of the application as incomplete. Any reason for rejection of an application for a sign permit shall be noted on the application and returned to the applicant. The reasons for denial of a variance request following proper hearing shall be noted on the governing body's order and decision form and a copy sent to applicant.
H. A planned sign program in accordance with §11-23-10 is required to receive sign permits for any business or group of business uses on a parcel or group of parcels greater than 2 acres with common access and parking.
I. No sign permitted in the Airport district shall obscure vision from the control tower to any part of the airfield.
J. Sandwich Board Signs must be:
1. Located on-premise, or immediately adjacent to the premise in the public right-of-way if the building has a 0' lot line setback;
2. Positioned so as not to interfere in any way with the use of the public right-of-way;
3. Removed from location at the close of business. (Ord. 3323, 7-15-2024)