40 - SIGNS4
Editor's note— Ord. No. 2208-23-401, adopted Feb. 3, 2020, amended Ch. 23.40; in its entirety to read as set out herein. The former Ch. 23.40, §§ 23.40.010—23.40.260, pertained to similar subject matter and derived from Ords. 1555, 1819; Ord. 1982 (part), adopted 2004; Ord. 2044 (part), adopted 2008; Ord. No. 2086, adopted Sept 27, 2010; Ord. No. 2092, adopted Feb. 14, 2011; Ord. No. 2152-23-385, adopted Dec. 15, 2014.
These regulations shall be known as the "Huron Sign Code," may be cited as such, and will be referred to in this chapter as "this code."
(Ord. No. 2208-23-401, 2-3-2020)
(1)
PURPOSE OF CODE. The purpose of this code is to provide minimum standards to safeguard life, health, property, public welfare, and to prevent the creation of a nuisance to neighboring property owners by regulating and controlling the design, construction, location, electrification and maintenance of all signs and sign structures not located within a building.
(2)
INTENT. The regulations of this code are not intended to permit any violation of the provisions of any other lawful ordinance.
(3)
SUBSTITUTION OF NONCOMMERCIAL MESSAGE. The owner of any sign which is otherwise allowed by this sign ordinance may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provisions to the contrary. Any physical changes to the structure of the sign must be covered by an appropriately obtained building permit.
(4)
Dual Meaning. For the purposes of this code, the words "Commercial" and "Business" shall be considered to be synonymous and shall be construed to have the same meaning and context.
(Ord. No. 2208-23-401, 2-3-2020)
For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either the municipal code or as specified in the building code. Where terms are not defined, they shall have their ordinary accepted meanings, within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1961, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Where the definitions imposed by any provision of this chapter are more restrictive than comparable definitions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the definitions, which are more restrictive or impose a higher standard of requirements shall prevail.
(1)
"ABANDONED SIGN" is a sign, which no longer correctly directs or exhorts any person, advertises a bona fide business, leaseholder, owner, product or activity conducted or product available on the premises where such a sign is displayed.
(2)
"AWNING SIGN" is a sign on which the sign face is displayed on a surface (usually fabric or a hard-surfaced window covering that projects from the wall of a structure.
(3)
BALLOON SIGN- see Inflatable Sign.
(4)
"BANNER SIGN" means a sign, which directs attention to a business, commodity, service, or entertainment constructed out of paper, cloth or any other lightweight material that is secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. A "banner" sign is also a "temporary sign." Includes "feather" and "fin" signs.
(5)
"BILLBOARD ADVERTISING SIGN" means a sign, which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. A billboard advertising sign may include, but not be limited to, the following structure types:
(a)
Front side only: A structure with a single sign oriented in a single direction.
(b)
Back To Back: A structure with two (2) or more parallel sign faces oriented in opposite directions.
(c)
V-Type: A structure or structures with two (2) sign faces, forming the shape of the letter "V" when viewed from above, with an angle between two (2) faces of not more than thirty degrees (30°).
(6)
"BUILDING CODE" is the current Building Code put into law by the International Conference of Building Officials as adopted by the Huron City Commission.
(7)
"BUILDING OFFICIAL" is the officer or other designated authority charged with the administration and enforcement of this code or his duly authorized representative. This responsibility is held jointly with the zoning administrator.
(8)
"BUSINESS CENTER IDENTIFICATION SIGN" - A sign that identifies a building or group of commercial buildings with 3 or more businesses, with shared parking and/or access.
(9)
"BUSINESS SIGN" means a sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which such sign is located or to which it is affixed.
(10)
"CANOPY SIGN" means a roof-like cover, including an awning that projects from the wall of a building over a door, window, or entrance; or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station.
(11)
"COMBINATION SIGN" is any sign incorporating any combination of the features of monopole, projecting and roof signs.
(12)
"COMMERCIAL MESSAGE" means speech or graphics advertising a business, provision, commodity, service, or entertainment.
(13)
"CONSTRUCTION SIGN" means a sign which identifies the builder and or contractor(s) for a project at the same site as the sign.
(14)
"DISPLAY SURFACE" is the area made available by the sign structure for the purpose of displaying the advertising message.
(15)
"ELECTRIC SIGN" means any sign, the letter or figures of which are outlined by incandescent electric lamps placed in grooves or channels forming such letters or figures, or studded directly into the faces of such letters or figures, or on which the letter or figures are outlined by perforations or transparent devices, through which light from incandescent electric lamps or other artificial light is transmitted, or signs the display faces of which are made of Lexan or like material and which are illuminated by artificial lights placed in such manner as to shine through from the inside, or any sign on which is mounted any neon tubing. Signs on which the letters or figures are printed, placed or raised and illuminated by lamps placed exterior thereto, shall not be "electric signs" within the meaning of this chapter.
(16)
"ELECTRONIC MESSAGE CENTER SIGN" means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. For the purposes of this section Digital Display signs and Dynamic Message Display signs shall be considered the same as Electronic Message Center Signs.
(17)
"FEATHER ADVERTISING SIGN": See "Banner Sign."
(18)
"FLASHING SIGN" means a sign where light is not maintained stationary or constant in intensity and color at all times in which the sign is in use.
(19)
"FREE STANDING SIGN" - A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. These may include monument, monopole, and business center identification, and other types of Combination signs.
(20)
"GOVERNMENT SIGN" means any sign intended for the use of directing traffic, indicating street names, and or any public purpose sign duly authorized by the city commission or other appropriate governmental body.
(21)
"GRADE" is the ground level as established by the city engineer.
(22)
"GROSS AREA OF SIGN" is the area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
(23)"
Sign, Home Occupation" means a non-illuminated sign not over two square foot in area displaying only the name and/or address and/or phone number and/or business name of the licensed home occupation permit holder at that address.
(24)
"ILLUMINATED SIGN" means any sign which is illuminated in any way, including by reflection.
(25)
" INFLATABLE SIGN" means a portable sign which through the use of gas or air remains inflated and is tethered to the ground, building, another sign, or vehicle. Any signs attached to the tether are considered part of the inflatable sign.
(26)
"MARQUEE" is a permanent roofed structure attached to and supported by the building and projecting over public property.
(27)
"MONUMENT SIGN" means a type of freestanding sign supported by a base of at least 75 percent of the sign width, with the sign face located within four feet from the ground, and is independent from any building.
(28)
MONOPOLE SIGN - means a free standing sign supported by a single pole or other vertical structure, with the sign face located more than four feet from the ground.
(29)
"MOTION SIGN" means any sign, which revolves, rotates, or moves in any way by mechanical means.
(30)
"NAMEPLATE SIGN" means any sign, which states the name and address or both of the business or occupant of the lot or building where the sign is placed or may be a directory listing the name, addresses and business of occupants.
(31)
NONCOMMERCIAL MESSAGE" are messages not classified as commercial messages, which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics.
(32)
"NONSTRUCTURAL TRIM" is the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways, which are attached to the sign structure.
(33)
OFF PREMISES SIGN: A sign advertising a business, person, service or product which is located or conducted elsewhere than on the premises where the sign is located.
(34)
"ON-PREMISE SIGN" is a sign identifying an establishment's activities, products or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located.
(35)
"PENNANT SIGN" means any geometric-shaped cloth, fabric, or other lightweight material normally fastened to a stringer that is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere.
(36)
"PERMANENT COMMERCIAL SIGN" is a sign that directs attention to the following, including but not limited to a business, commodity, service, or entertainment conducted, sold or offered on the premises on which the sign is attached to a building or installed on a lot in such a way so as to last or remain unchanged indefinitely. Types of Permanent Commercial signs are Awning, Business Center Identification sign, canopy, Freestanding, Marquee, Monopole, Monument, Projecting, Roof and Wall signs.
(37)
"PERMANENT COMMERCIAL YARD SIGN" means a sign or advertising display constructed in such a way so as to be permanent in nature that DOES advertise the provision of sales or services available on the site of the residential property where the sign is located.
(38)
"PERMANENT NON-COMMERCIAL SIGN" means a sign which is attached to a building or installed on a lot in such a way so as to last or remain unchanged indefinitely, that DOES NOT advertise for the sale of a good or service available on or off the site of the permanent sign.
(39)
"POLITICAL SIGN": means any sign, which promotes an issue or candidate that is slated for an upcoming election. Political signs display a name or message that is constructed in such a way so as to be temporary in nature.
(40)
"PORTABLE DISPLAY SURFACE" is a display surface temporarily fixed to a standardized advertising structure, which is regularly moved from property to property at periodic intervals and/or is not permanently attached to the ground and/or may be attached to a trailer.
(41)
"PROJECTING SIGN" is a sign other than a wall sign, which projects from and is supported by a wall of a building or structure.
(42)
"PROJECTION" is the distance by which a sign extends beyond the building line.
(43)
"REALTOR SIGN" is a temporary sign notifying the public of the intent to sell, rent or lease a property.
(44)
"SIGN" is any medium, electrical or otherwise, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes including painted displays on the surface of a building.
(45)
"SIGN STRUCTURE" is any structure, which supports or is capable of supporting any sign as defined in this code.
(46)
"SHOPPING CENTER" means a strip mall, mall or building housing two or more occupants or businesses.
(47)
"STRUCTURE" is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts jointed together in some definite manner.
(48)
"TEMPORARY COMMERCIAL SIGN" means a sign, banner, pendent, valence or advertising display constructed in such a way so as to be temporary in nature, intended to be displayed for a limited period of time only, that directs attention to the following, including but not limited to a business, commodity, service, or entertainment conducted, sold or offered on the premises. A Temporary sign may include but not be limited to Inflatable signs, Banner signs, Pennant signs, Balloon signs, or Portable signs.
(49)
"TEMPORARY NON-COMMERCIAL SIGN" is a sign, banner, pendent, valence or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, temporarily attached to a building, that is only intended to be displayed for a limited period of time only, that DOES NOT advertise the sale of a good or service available on or off the site of the temporary sign.
(50)
"TEMPORARY NONCOMMERCIAL YARD SIGN" is any sign, banner, pendant, valence or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, temporarily held in a yard of a structure on one or two wooden or steel posts, intended to be displayed for a limited period of time only. These signs DO NOT advertise the provision of a good or service available on or off the site of the temporary yard sign.
(51)
"TEMPORARY COMMERCIAL YARD SIGN" is any sign, banner, pendant, valence or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only that DOES advertise a for sale a good or service available on the site of the temporary yard sign.
(52)
"ICC STANDARDS" is the International Building Code Standards put into law by the International Conference of Building Officials as adopted by this jurisdiction.
(53)
"WALL SIGN" is any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of such wall.
(54)
"WINDOW SIGN" is a window sign which is a sign attached or adhered within a window frame which is used to advertise, identify, display, direct, or attract attention.
(55)
"ZONING ADMINISTRATOR" is the officer or other designated authority charged with the administration and enforcement of this code or his duly authorized representative. This authority is held jointly with the building official.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
AUTHORITY. The building official and zoning administrator are authorized and directed to enforce all the provisions of this chapter. For such purposes they shall have the powers of a law enforcement officer.
(2)
INSPECTIONS BY AUTHORIZED OFFICIALS. All signs for which a permit is required shall be subject to inspection by the zoning administrator or building official.
(a)
Footing inspections may be required by the building official for all signs having footings.
(b)
All signs containing electrical wiring shall be subject to the provisions of the state electrical code, and the electrical components used shall bear the label of an approved testing agency.
(c)
All signs may be re-inspected at the discretion of the building official and/or zoning administrator.
(3)
RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official, zoning administrator or their authorized representative have reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official, zoning administrator or their authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official or zoning administrator by this code; provided, that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official, zoning administrator or their authorized representative shall have recourse to every remedy provided by law to secure entry.
When the building official, zoning administrator or their authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made in this chapter provided, to promptly permit entry therein by the building official, zoning administrator, or their authorized representative for the purpose of inspection and examination pursuant to this code.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
VIOLATIONS. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.
(2)
PENALTY FOR VIOLATION. Any person violating any of the provisions of this chapter shall be guilty of a municipal ordinance violation punishable by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days or by both such fine and imprisonment, and each and every day that the violation continues or that any unlawful sign is permitted to remain, after notice to remove the same, shall constitute a separate offense.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
LICENSE. No person shall hereafter carry on the business of sign hanging, or engage in the erection or placing of any sign in the city without having obtained a license so to do from the governing body.
(2)
THE LICENSE FEE. The license fee for carrying on the business of hanging such sign shall be at the published rate as per the most recent rate resolution published by the City of Huron, payable in the same manner as other licenses.
(3)
APPLICATION. Application for such license shall be made in writing to the governing body, and such application shall be accompanied by a bond in the sum of five thousand dollars with sufficient sureties approved by the board of commissioners, which bond shall be conditioned that such applicant will indemnify and save harmless the city from any and all charges, costs, expenses, judgments or damages, caused by reason of any negligence on the part of such applicant or of any of his servants or employees in the construction or erection of such signs, or by the use of any insufficient or insecure support or attachment, or by any improper, unsuitable or unskilled workmanship in the erection or placing of any such signs or part thereof. Upon the filing with the governing body of such bond approved as aforesaid, and the payment of the license fee as above provided, such license may be granted or refused, in the discretion of the governing body.
(4)
RENEWAL. Annual renewal shall be required in the same manner as the original application.
(5)
TERMINATION. Such license shall expire one year after the date of issue of such license, and may be revoked by the governing body at any time, whenever in the opinion of the board such sign or electric sign hanger has violated any of the provisions of this chapter or any ordinance of the city pertaining to the business of sign hanging or the hanging of electric signs.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
FEE SCHEDULE. The fee schedule for sign permits shall be adopted by resolution by the city commission in the same manner as the schedule of building permit fees. There will be no fee for home occupation nameplate signs in the "R" districts.
(2)
WHEN REQUIRED. A sign shall not hereafter be erected, re-erected, constructed, altered, painted, or maintained, except as provided by this code and after a permit for the same has been issued by the building official or zoning administrator. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs.
(3)
APPLICATION PROCEDURE. Application for a sign permit shall be made in writing upon forms furnished by the building official or zoning administrator. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner, sign contractor or erector, type of sign, sign dimensions, weight thereof, a sketch or drawing showing the location of the sign on the lot and the dimensions of the building and lot. The building official or zoning administrator may require the filing of plans or other pertinent information where in their opinion such information is necessary to ensure compliance with this code. Standard plans may be filed with the building official or zoning administrator.
(Ord. No. 2208-23-401, 2-3-2020)
These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. The following signs shall not require a sign permit but must be in conformance with all other state laws and local ordinances:
(1)
GOVERNMENTAL SIGNS. This code shall not apply to any display of directional signs, street name signs, or other signs which have been authorized and caused to be erected by a governmental body.
(2)
SIGN MAINTENANCE. Maintenance painting or cleaning of an advertising structure or of the advertising copy or message thereon shall not be considered an erection or alteration which required a sign permit unless a structural change is made. Changes resulting from a change in ownership or name are not exempt.
(3)
POLITICAL SIGNS and/or POLITICAL BANNERS. Political Signs or Political Signs and/or Political Banners, or any other similar sign erected or placed, shall have a limited placement time not to exceed seventy-five (75) days before an event and must be removed within seven days after the event is held.
(4)
TEMPORARY COMMERCIAL SIGNS. Temporary Commercial Signs that notify the public of real property for sale, rental or lease, auctions, and signs that identify builders and contractors working on a project on the same site as the sign.
Signs placed on the site for the purposes of identifying a builder and or contractor for a project do not need a permit. These signs may not be placed on the public right-of-way. The sign must be placed on the same site as the construction project. They may not be placed before the work begins and must be removed within ten days after the project is completed as indicated by a Certificate of Occupancy being issued by the City of Huron. Construction signs must be 32 square feet or less and may be double faced with a maximum height of eight (8) feet. These signs may not be placed where they will block visibility at an intersection.
(5)
INTEGRAL SIGNS. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like, of permanent-type construction and made an integral part of the building structure, shall be permitted up to three square feet.
(6)
PENNANTS. Pennants made of cloth, fabric or other lightweight material may be displayed for a maximum of up to 60 days per calendar year at any one business location.
(7)
PORTABLE INFLATABLE SIGNS. High-flying, helium, and ground inflatable signs are not counted against a property's signage allowance in as much as the maximum size of a ground-mounted inflatable will be 15 feet by 30 feet. The maximum volume of a high-flying inflatable will be 500 cubic feet. These signs may be displayed for a maximum of up to 60 days per calendar year at any one business location. High-flying inflatables will not be located in any airport approach zone and will not interfere with utility lines, antennas, or towers.
(8)
PRIVATE, ON-SITE, TRAFFIC DIRECTION SIGNS.
(a)
Signs directing traffic movement onto and out of a commercial, industrial, institutional, office, recreational, apartment, and manufactured home park uses may have one interior traffic directional signs of six square feet and four feet in height at each vehicular entrance onto a public way (street or alley), up to a maximum of two signs.
(b)
Not less than fifty percent of the sign area of each sign shall be used for traffic information.
(c)
Private traffic directional signs shall be located so that the sign does not obstruct the view at any private or public intersection.
(9)
Home occupations. A two square feet wall mounted sign.
(10)
Signs in City Parks. Signs advertising special events within a city park may be located on city parks property (not on public right-of-way), but shall be approved by the director of parks and recreation. Signs shall not exceed a total of 100 square feet. Allowable sign types include non-illuminated banners, non-illuminated portable signs, inflatable signs and on-site traffic directional signs for a period not to exceed three days prior to an event and must be removed immediately after the event.
(11)
Window signs as previously defined are exempt.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
NONCONFORMING COMPLIANCE. Signs existing on the effective date of the ordinance codified in this title which do not conform to the regulations set forth in this title are a nonconforming use of structure and as such shall be under the regulations set forth in Chapter 23.10 of this code.
(2)
EXISTING SIGNS. No existing sign or electric sign shall be extensively repaired, altered or moved unless the same shall be brought into compliance with the requirements of this chapter and any existing sign or electric sign which is unsafe either from construction, material or location, may be ordered to be removed by the building official and/or the zoning administrator.
(3)
ABANDONED SIGNS. Should a business close, any signage owned, controlled or otherwise maintained by said business, whether located on or off premises, shall be removed within 90 days of the closing of the business.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
MAINTENANCE. All signs and sign support structures, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or sign face posted at all times.
(2)
REMOVAL. The building official and or zoning administrator may order the removal of any sign that is not maintained in accordance with the provisions of this code.
(3)
ABANDONED SIGNS. The building official and or zoning administrator may order the removal of abandoned signs.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
GENERAL. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.
The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted.
Signs and sign structures shall be designed and constructed as to the requirements and specifications of Chapter 10—Appendix H of the International Building Code.
(2)
SUPPORT. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this code.
(3)
MATERIALS. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the International Building Code.
(4)
RESTRICTIONS ON COMBUSTIBLE MATERIALS. Ground signs may be constructed of any material meeting the requirements of this code and the International Building Code.
Combination signs, roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in subsection (5) of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs.
(5)
NONSTRUCTURAL TRIM. Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or any combination thereof.
(6)
ANCHORAGE. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty-five percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.
(a)
Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to ensure the sign is not overturned by the wind.
(b)
Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely in the loads applied.
(c)
No wooden block or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.
(d)
No anchor or support of any sign shall be connected to, or supported by an un-braced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zoned properties in the building code.
(e)
Anchors and supports when of wood and embedded in the soil, or within six inches of the soil, shall be either cedar or shall be pressure treated with an approved preservative.
(7)
DISPLAY SURFACES. Display surfaces in all types of signs may be made of metal, approved plastics, or wood.
(8)
INTERSECTION and DRIVEWAY SAFETY ZONE. Any sign that projects into or is placed within the sight triangle zone, which is defined as a height of between 2.5 feet and 10 feet above the established curb grades of the intersecting streets within the triangle formed by the curb lines of the intersecting streets and the line joining points a distance of 35 feet on each curb line from their position of intersection is prohibited.
Freestanding signs with supports shall not be located within twelve feet (12') of the sideline of streets, unless the sign is located outside the sight view triangle and outside the public right-of-way.
For the purpose of this subsection, "sideline of street" shall mean the curb line on those streets where curb is installed. Where curbs are not installed, "sideline of street" shall mean that line which otherwise would be the curb line if a standard city street with curb were installed and centered within the public right-of-way.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
METHOD TO CALCULATE INDIVIDUAL SIGNS: The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, 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. The supporting structure or bracing of a sign shall not be counted as a part of sign face area unless such structure or bracing is made a part of the sing's message. The supporting structure must be proportional to the sign face.
(2)
Computation of Area of Multi-faced Signs: The sign area of a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are place back to back to back, so that the sign faces cannot be viewed from any point at the same time, and when the sign faces are part of the same sign structure are not more than forty two inches (42") apart, the sign area shall be computed by measurement of one of the faces.
(3)
Each surface utilized to display or to attract attention to shall be measured as a separate sign, and symbols, flags, pictures, wording, figures, walls, awnings or freestanding sign structures shall be considered as a sign to be included in calculating the overall square footage.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
HIGH VOLTAGE POWER LINES. Signs shall be located not less than twelve feet horizontally and twelve feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.
(2)
FIRE ESCAPES, EXITS OR STANDPIPES. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe.
(3)
CLEARANCE FROM STREETS. Signs shall not project within two feet of the curb line.
(4)
CLEARANCE FROM GRADE. No signs or sign structures shall be placed below a height of twelve feet above the grade (established by the city engineer) unless as allowed in Section 23.40.160 of this chapter.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
OBSTRUCTION OF TRAFFIC SIGNS. A sign shall not be erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device.
(2)
OPENINGS. No sign shall obstruct any openings (windows, etc.) of onsite buildings or buildings on adjacent lots, to such an extent that light or ventilation is reduced to a point below that required by the International Building Code.
(3)
APPROVED MATERIALS/OPENINGS. Signs erected within five feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material.
(4)
CLEAR VIEW. Any sign that obstructs the viewing angles or otherwise affects the Intersection and Driveway Safety Zone is prohibited. See section 23.40.110 (8) "Intersection and Driveway Safety Zone.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
APPLICATION. Signs will meet the setback requirements of this section. A sign is a structure or a part of a structure for the purpose of applying height regulations.
(2)
SIGN SETBACK IN "B", "I" and "MF" ZONES: Signs, including their footings and support structures will be not be allowed to be closer than one foot from the front property line and one foot from side property line with approval of the city planning and inspections office subject to the intersection and driveway safety zones and clearance provisions contained herein.
(3)
SIGN SETBACK IN "R" ZONES:
(a)
NAMEPLATE SIGNS. Nameplate Signs, such as Home Occupation, Child Care Facility, and Single-Family signs shall be a single surfaced nameplate sign which may be located on the property, provided the sign does not exceed two square foot in area. Such sign may indicate the name of the occupant, and address of the occupant.
(b)
Nameplate Signs - shall not protrude from the front of the home more than two inches.
(c)
Temporary Signs - shall be place at least one foot on the private property side of the property line.
(d)
Prohibition no sign may be located in the safety and visibility triangles as identified in 23.10.028, 23.10.035 and 23.10.040.
(4)
PUBLIC RIGHT-OF-WAY. Signs or sign structures are prohibited within the public right-of-way except that governmental signs may be located in the right-of-way if authorized by the appropriate governmental entity.
(5)
FREESTANDING SIGNS. All freestanding signs shall be located in such a location that the land around the sign is landscaped or if a part of an approved parking area, surfaced as required under Section 23.36.006 of this code.
(6)
EASEMENT AREAS. In no case may any sign structure (that part of the sign buried in the earth) be constructed in utility easement areas along front, side or rear property lines.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
OVER ALLEYS. No sign or signs structure shall project into any public alley below a height of fourteen feet above grade, nor project more than twelve inches where the sign structure is located fourteen feet to sixteen feet above grade. The sign or sign structure may project not more than thirty-six inches into the public alley where the sign or sign structure is located more than sixteen feet above grade.
(2)
PUBLIC RIGHT-OF-WAY. Signs and their superstructures may extend into the public right-of-way a distance not to exceed fifteen inches when the sign structure is built flat against the building and onto the front of the building adjacent to the street right-of-way and when clearance is twelve feet or more.
(3)
PROJECTION OF WALL SIGNS. Wall signs may not project from the wall to which it is attached more than six inches when clearance is less than twelve feet unless mounted on a raceway which would increase the distance to twelve inches.
(4)
PROJECTION FROM BASE. Sign display areas shall not extend more than four feet from their base of support.
(5)
ROOF-ATTACHED TO/PROJECTION ABOVE. The superstructure for mounting of signs and such signs shall not be attached to a roof or project above the roof of a building.
(Ord. No. 2208-23-401, 2-3-2020)
It is unlawful for any person, persons, firm or corporation to hang, erect or maintain any electric sign or signs within the corporate limits of the city that interferes with the reception of radio or television broadcasts; provided, however, that any complainant, except officers of the city, must first establish that such interference is not caused by any defect in his radio or television receiver.
(Ord. No. 2208-23-401, 2-3-2020)
Temporary, Portable, and Banner display surfaces must be permitted as signs subject to the following conditions. The intent of such signs are for special promotional activities, not continuous advertising.
(1)
Permits. The initial sign permit fee, if a temporary, portable or banner sign is placed for less than sixty days, shall be according to the current fee schedule. If a portable sign is placed for more than sixty days it is considered a permanent sign and must be permitted by the city as required by Section 23.40.070 of this chapter during which the owner must obtain the initial permit. During the sixty-day period, if it is decided to keep the sign a new application for a permanent sign must be submitted for approval by the Planning Director or Building Official.
(a)
If the sign will be over the code allowed square footage then a variance must be obtained prior to installing the sign.
(b)
Permits are for the sign area and sign location, not for the sign content. Therefore, sign content may change within the same permit based upon approved area and location.
(c)
Signs shall be maintained in a "legible condition" and secured on each end and shall be in compliance with regulations regarding the Intersection and Driveway Safety Zone and clearance upon and over public rights-of-way.
(2)
The regulations and limitations of temporary signs including portable, banner and pennant signs shall be as follows.
(a)
Permits are required for the following temporary signs:
i.
all portable signs require sign permits.
ii.
Banner signs exceeding 100 square feet per business location whether on structure or freestanding,
iii.
Pennant signs exceeding the 10 square feet exempt by ordinance.
(b)
Permit fees will cover inspection costs necessary to administer the temporary nature of these signs, on-site inspections and confirming their condition, and that they have been removed within the permitted time frames.
(c)
Temporary signs shall be maintained in a legible condition and secured on each end and shall be in compliance with § 160.517 [Intersection & Driveway Safety Zone] and § 155.001 [Signs upon, over public ways].
(3)
Portable signs.
(a)
Except as otherwise provided in this section, portable signs may only be displayed in the Commercial and Industrial zoning districts. Based upon the lot sizes, setbacks, and impacts to adjacent properties, portable signs are not authorized within the residential zoning districts.
(b)
Portable signs shall be limited to no more than 32 square feet.
(c)
Portable sign permits are allowed up to 60 permit days per calendar year at any one business location. Separate permits shall be required for each sign. Permits may be issued for terms of either 15 or 30 days, and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 30 days have elapsed following the expiration of 15-day permits and 60 days following a 30-day permit. Permits for two or more portable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.
(d)
All portable signs must be anchored in such a way so as to prevent the sign from tipping over due to wind, thus creating public safety hazards for pedestrians.
(4)
Portable inflatable signs. High-flying, helium, ground, and roof inflatable signs may be displayed under the following conditions.
(a)
Sign area exception: The maximum size of a roof-mounted inflatable will be 25 feet wide by 30 feet high.
(b)
Inflatable permits are allowed up to 28 permit days per calendar year (four separate seven day periods) at any one business location. Separate permits shall be required for each inflatable sign. Permits will be issued for seven day periods, and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 30 days have elapsed following the expiration of seven-day permits. Permits for two inflatable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.
(c)
Cabling, tie-downs, or tether lines will not be located on or across public property.
(5)
Portable non-inflatable signs. Non-inflatable signs (including but not limited to wind feathers and nongovernmental flags) may only be displayed under the following conditions:
(a)
Shall not exceed 32 square feet in total area per sign.
(b)
Non-inflatable permits are allowed up to 60 permit days per calendar year at any one business location. Separate permits shall be required for each sign. Permits may be issued for terms of either 15 or 30 days, and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 30 days have elapsed following the expiration of 15-day permits and 60 days following a 30-day permit. Permits for two non-inflatable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.
(c)
Banner Signs. Banners shall be permitted only in Business and Industrial zoning districts.
i.
Permits are not required for banners on a building or freestanding sign, as long as the total square footage of all the banners at the business location do not exceed 100 square feet.
ii.
Banners shall only be attached to freestanding signs or building walls in the B-2 zoning district.
iii.
Banner may be attached to freestanding signs, building walls, steel or wooden posts or parking lot lights in the B-1 and B-3 business districts and the Industrial zoning districts.
iv.
Banners exceeding a total square footage of 100 square feet will be counted towards the allotted sign area allowed. Sign permits are required for each banner.
(d)
Pennants displayed for more than 60 days per calendar year at any one business location shall require a permanent sign permit. Pennants with an area larger than of one square foot per pennant flag shall require a permanent sign permit.
(Ord. No. 2208-23-401, 2-3-2020)
Editor's note— Ord. No. 2208-23-401, adopted Feb. 3, 2020, repealed § 23.40.190, which pertained to contractor signs and derived from Ord. 1982 (part), adopted 2004.
(1)
SIGNS. All signs must meet setback requirements
(2)
MESSAGE TIME. Individual messages shall be displayed in no more than three screens over a period of no longer than nine seconds. Screens shall take no longer than one second to change.
(3)
TIME OR TEMPERATURE. Messages displaying time and/or temperature shall be displayed not longer than three seconds.
(4)
PROHIBITED DISPLAY ELEMENTS. Prohibited Display Elements are as follows:
(a)
Animation not related to the message displayed.
(b)
Any flashing of the colors of Red, Amber (yellow) or Blue on any part of the screen is prohibited.
(c)
Any spinning or similar motion of all or any part of the display.
(5)
INTERFERENCE OR SIMULATION OF TRAFFIC CONTROL DEVICES. The message shall not contain materials that may be confused as a traffic control device, simulate automobile either outgoing or oncoming, or direct the driver to make any abrupt turning movements. Light emitted shall not obscure any traffic control device.
(6)
SIGN BRIGHTNESS. The brightness of the illumination shall be approximately adjusted as ambient light decreases by utilizing an ambient light sensor for automatic dimming.
(7)
FOOT-CANDLE LIMITATION. Light emitted shall be a maximum of 0.3 foot-candle above ambient light levels measured per industry standard procedure.
(8)
GENERAL COMPLIANCE. All regulations for Electronic Message Centers and Digital Display Signs (Dynamic Message Signs) shall be applicable to all signs that fit the definition regardless of size, construction or mounting.
(9)
RESIDENTIAL DISPLAY. Digital or Electronic messaging signs within a residential zone shall display a static message between the hours of 10 p.m. and 6 a.m. Churches located within an "R" district shall be exempt from this requirement.
(10)
MOUNTING. No Electronic or digital signs shall be mounted perpendicular to the surface to which they are attached. These signs must be attached to a marquee, freestanding, or wall sign.
(11)
DISPLAY AREA. The display area of the digital or electronic sign, functioning as the messaging screen of any sign shall be counted toward the maximum allowable sign face square footage allowed under this ordinance.
(12)
RESTRICTIONS IN "B-2" District. Electronic Message Center or Digital Signs are not permitted in the B-2 Central Business District. Existing Electronic or Digital messaging signs in the "B-2" district shall be considered non-conforming signs.
(13)
CONDITIONAL USE PERMIT REQUIREMENT. All Electronic Message Center or Digital Display signs located in a residential zoning district shall require a conditional use permit.
(Ord. No. 2208-23-401, 2-3-2020)
Where a billboard/advertising sign is illuminated, the source of light shall not shine on any part of an existing residence or into a residential district or into the eyes of the driving public on any adjacent public streets. Any flashing of the colors of Red, Amber (yellow) or Blue on any part of the screen is prohibited as these colors are typically associated with law enforcement or traffic control devices.
(Ord. No. 2208-23-401, 2-3-2020)
Within the "R" districts, the signs are subject to the following regulations:
(1)
NAMEPLATE SIGNS. Commercial Nameplate Signs, such as Home Occupation, Child Care Facility, and those for Single Family Dwelling signs shall be a single surfaced nameplate sign which may be located on the property, provided the sign does not exceed two square foot in area. Such sign may indicate the name of the occupant, and address of the occupant.
(2)
NAMEPLATE SIGNS. Nameplate Signs for Multifamily. Housing may be a single or double surfaced sign for each apartment complex of six or more units, which shall not exceed six square feet in area per surface. Such signs may indicate the names and addresses of the buildings or project, or may be a directory for occupants or state any combination of the above information;
(3)
TEMPORARY COMMERCIAL YARD SIGNS. Temporary Commercial Yard Signs meet the following regulations:
(a)
Signs shall not exceed six square feet per sign.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs may be double or single faced.
(d)
Signs shall be limited to one sign per residential property.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall be removed upon the rental/sale or lease closing of the dwelling unit or units.
(g)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(4)
TEMPORARY NON-COMMERCIAL SIGNS. Temporary Non-Commercial Signs shall meet the following regulations:
(a)
Signs shall not exceed six square feet per sign.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs may be double or single faced.
(d)
Signs shall be limited to two signs per residential property.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs may be displayed for a maximum of 75 days per calendar year per property.
(g)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(5)
PERMANENT COMMERCIAL YARD SIGNS. Signs of this type are restricted to authorized Home Occupation businesses permitted by the City of Huron, located within an "R" district and shall adhere to the following regulations:
(a)
district and shall adhere to the following regulations:
(b)
Signs shall have a maximum sign size of two square feet.
(c)
Shall not be located on the public right-of-way.
(d)
Shall not obstruct visibility at any driveway, alley or intersection.
(6)
YARD ORNAMENTS. Symbols, statues, sculptures and integrated architectural features in residential areas shall not be located in the public right-of-way and nor shall it impede the visibility on any street or alley intersection.
(7)
ILLUMINATED SIGNS. Illuminated flashing signs shall not be permitted;
(8)
RESIDENTIAL DEVELOPMENT AREA SIGNS. Signs used for the purpose of selling or promoting a residential project of six or more lots or dwelling units shall not exceed an aggregate of one hundred square feet, must be erected upon the project site, and shall be maintained until each of the lots or units has been sold, rented or leased. At such time the development area has completed its last sale, rental or lease, the sign shall be removed and future signs shall be subject to this code.
(9)
BILLBOARD ADVERTISING SIGN. Billboard advertising signs are not allowed in "R" zones. Any billboard advertising sign presently in "R" zones shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(10)
CHURCHES. Total on-site signage square footage shall include any monument, wall and temporary signs and shall not exceed one hundred eight square feet.
(11)
COMMERCIAL BUSINESS. Commercial business signage shall not exceed thirty-two square footage of all signage on the property.
(12)
EXISTING PERMITTED, NON-CONFORMING SIGNS. Existing permitted commercial, home occupation, child care facility and church signs exceeding the maximum square foot requirements as set forth in provisions (1), (2), (8), (10) and (11) and existing as of the date of adoption of this ordinance, are exempt from the maximum square foot requirements as set forth in those provisions, provided the business or church continues to be operational. The replacement sign shall not be larger than the sign to be replaced. Installation of a new sign or sign face shall require a new sign permit. If the use changes, new signage shall conform to the requirements of the zoning ordinance.
(13)
ELECTRONIC MESSAGE CENTERS AND DIGITAL DISPLAY SIGNS. All electronic message signs or digital display signs located in a residential zoning district shall require a conditional use permit.
(Ord. No. 2208-23-401, 2-3-2020)
Within the "B-1" Limited Business District, signs are subject to the following regulations:
(1)
PERMANENT COMMERCIAL SIGNS. The aggregate square footage of sign space for any building with more than 25 feet of wall fronting on a public right-of-way, shall not exceed three square feet for each lineal foot of building front wall, plus two square feet of signage for each lineal foot of building side wall greater than 25 feet, that also abuts a public right-of-way.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 250 square feet in area, nor shall two or more smaller business signs cause sign surfaces greater than 250 square feet.
(3)
TEMPORARY COMMERCIAL OR NON-COMMERCIAL YARD SIGNS. All temporary commercial or non-commercial yard signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to one sign per commercial property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(4)
FLASHING SIGNS. Illuminated or flashing signs shall not be permitted.
(5)
BILLBOARD ADVERTISING SIGNS. Billboard advertising signs shall not be permitted in the "B-1" zoning district. Those signs that preexist the adoption of this ordinance shall adhere to the following regulation:
(a)
Once deteriorated to a point of replacing, all Billboards must be removed.
(b)
All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(6)
NAMEPLATE SIGNS. Nameplate signs shall be limited to one per lot in the "B-1" district. The sign shall pertain to the authorized use on the lot, but shall not exceed ten percent of the authorized aggregate square footage of advertising sign space for such lot.
(7)
ROOFTOP SIGNS. Rooftop signs shall not be permitted. This includes the superstructure of a sign extending beyond the rooftop of the building.
(8)
POLITICAL SIGNS. Within this district, Political signs are to be considered as temporary non-commercial signs. See 23.40.220 (3)
(Ord. No. 2208-23-401, 2-3-2020)
Signs within the "B-2" Central Business District and the "MF" Medical Facilities district are subject to the following regulations:
PERMANENT COMMERCIAL SIGNAGE. Permanent Commercial Signs shall adhere to the following regulations:
(1)
AGGREGATE SQUARE FOOTAGE. The aggregate square footage of sign space for any building with more than 25 feet of wall fronting on a public right-of-way, shall not exceed three square feet for each lineal foot of building front wall, plus two square feet of signage for each lineal foot of building side wall greater than 25 feet, that also abuts a public right-of-way.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 250 square feet in area, nor shall the combined area of two or more smaller signs cause the total sign surface area to exceed 250 square feet.
(3)
BILLBOARD ADVERTISING SIGNS. Billboard Advertising shall not be permitted in the "B-2" Central Business and the "MF" Medical Facility zoning districts. Should a sign preexist the adoption of this ordinance the following shall apply:
(a)
Once deteriorated to a point of replacing all Billboards must be removed.
(b)
All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(c)
Should a business owning or controlling, or otherwise maintaining a billboard advertising sign close, said billboard advertising sign shall be removed.
(4)
NAMEPLATE SIGNS. Nameplate signs shall be limited to one per lot in the "B-2" Industrial and "MF" Medical Facility districts. The sign shall pertain to the authorized use on the lot, but shall not exceed ten percent of the authorized aggregate square footage of advertising sign space for such lot.
(5)
ROOFTOP SIGNS. Rooftop signs shall not be permitted. This includes the superstructure of a sign extending beyond the rooftop of the building.
(6)
TEMPORARY COMMERCIAL OR NON-COMMERCIAL YARD SIGNS. Temporary Commercial or Non-Commercial Yard Signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to one sign per property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(7)
Shopping Center. If only one freestanding sign displaying five or fewer items of information is located on the property and all other signage is in the form of wall signs which advertise only the name or symbols of the tenant(s) or occupants, then:
(a)
The freestanding area identification sign may be up to thirty-five feet in height and two hundred fifty square feet in area.
(b)
The area of this sign shall not be included in the total area of signage allowed for the property.
(8)
ILLUMINATED SIGNS. Illuminated/illuminated flashing signs shall be permitted within the "B-2" & "MF" districts. Illuminated signs or devices giving off an intermittent, steady or rotating beam, such as a scrolling reader board, consisting of a collection or concentration of rays of light shall be permitted. Flashing or rotating lights may not be red, yellow (amber) or blue in color since these colors are commonly used by law enforcement.
(Ord. No. 2208-23-401, 2-3-2020)
Signs within the "B-3" General Business District are subject to the following regulations:
PERMANENT COMMERCIAL SIGNAGE. Permanent Commercial Signs shall adhere to the following regulations:
(1)
AGGREGATE SQUARE FOOTAGE. The aggregate square footage of sign space for any building with more than 25 feet of wall fronting on a public right-of-way, shall not exceed three square feet for each lineal foot of building front wall, plus two square feet of signage for each lineal foot of building side wall greater than 25 feet, that also abuts a public right-of-way.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 800 square feet in area, nor shall the combined area of two or more smaller signs cause the total sign surface area to exceed 800 square feet.
(3)
BILLBOARD ADVERTISING SIGNS. Billboard Advertising shall not be permitted in the "B-3" zoning district.
(a)
Once deteriorated to a point of replacing all existing billboards and advertising signs must be removed
(b)
Should a business owning or controlling, or otherwise maintaining a billboard advertising sign close, said billboard advertising sign shall be removed.
(c)
All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(4)
Nameplate signs shall be limited to one per lot in the "B-3" district. The sign shall pertain to the authorized use on the lot, but shall not exceed ten percent of the authorized aggregate square footage of advertising sign space for such lot
(5)
Rooftop signs shall not be permitted. This includes the superstructure of a sign extending beyond the rooftop of the building.
(6)
Shopping Center. If only one freestanding sign displaying five or fewer items of information is located on the property and all other signage is in the form of wall signs which advertise only the name or symbols of the tenant(s) or occupants, then:
(a)
The freestanding area identification sign may be up to thirty-five feet in height and two hundred fifty square feet in area.
(b)
The area of this sign shall not be included in the total area of signage allowed for the property.
(7)
TEMPORARY COMMERCIAL OR NON COMMERCIAL YARD SIGNS. Temporary Commercial or Non-Commercial Yard Signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to two sign per commercial property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(8)
ILLUMINATED SIGNS. Illuminated/illuminated flashing signs shall be permitted within the "B-3" district. Illuminated signs or devices giving off an intermittent, steady or rotating beam, such as a scrolling reader board, consisting of a collection or concentration of rays of light shall be permitted. Flashing or rotating lights may not be red, yellow (amber) or blue in color since these colors are commonly used by law enforcement.
(9)
Electronic Message Center or Digital Display signs are allowable within the "B-3" district as per this chapter.
(Ord. No. 2208-23-401, 2-3-2020)
Within the "I" districts, nameplate signs, business signs, and advertising/billboard signs are permitted subject to the following regulations:
(1)
SQUARE FOOT ALLOWED. The aggregate square footage of business sign space per lot shall not exceed the sum of six square feet per front foot of building, plus three square feet per front foot of property not occupied by a building, plus one square foot for each foot of public right-of-way fifty feet or more in width abutting the side of the structure, plus a ten percent increase. The least width of such corner lot shall be the front for purposes of this title.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 800 square feet in area, nor shall the combined area of two or more smaller signs cause the total sign surface area to exceed 800 square feet.
(3)
SUPERSTRUCTURE. The superstructure for mounting of signs and such signs shall not be attached to a roof or project above the roof of a building.
(4)
BILLBOARD ADVERTISING SIGNS. Billboard advertising signs shall not be permitted in the "I" zoning districts inside city limits. Billboard advertising signs shall not be replaced in the "I-1" and "I-2" zoning districts when such signs have deteriorated to the point of requiring their removal. All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(5)
TEMPORARY COMMERCIAL-OR NON-COMMERCIAL YARD SIGNS. Temporary Commercial or Non-Commercial Yard Signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to two sign per commercial property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(6)
ILLUMINATED SIGNS. Billboards may be illuminated within the "I" districts. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall be permitted including electronic or digital reader boards. Flashing or rotating lights may not be red, yellow (amber) or blue in color since these colors are commonly used by law enforcement. Where a billboard adverting sign is illuminated, the source of light shall not shine upon any part of an existing residence or into a residential district or into the eyes of the driving public on any adjacent public streets.
(Ord. No. 2208-23-401, 2-3-2020)
Editor's note— Ord. No. 2208-23-401, adopted Feb. 3, 2020, repealed § 23.40.260, which pertained to billboard/advertising signs and derived from Ord. 1982 (part), 2004).
(1)
Billboard advertising signs located outside city limits along state highways, are regulated by the State of SD.
(2)
Billboard advertising signs located outside city limits, in areas zoned other than "A" Agriculture or "I-2" General Industrial district, within the Joint Jurisdictional Area, are prohibited.
(3)
Existing Billboard advertising signs located within "I" Industrial Districts, located outside city limits, shall be in accordance with regulations outlined in the following sections:
(a)
SQUARE FOOTAGE. Within the "I" use districts located outside city limits in the Joint Jurisdictional Zoning area, any portion of the available square footage of sign space for such lot may be allocated to the billboard use, at the rate of four square feet of billboard surface to one square foot of available square footage of sign space permitted for that lot. No billboard shall be less than twenty feet from the front, side or rear lot line. Billboards are allowed only on lots that meet minimum lot size required for the "I" district.
(b)
SQUARE FOOT LIMITATION. Billboards are allowed only on lots that meet minimum lot size for the district. No billboard shall exceed four hundred fifty square feet in area (both sides are to be considered for purposes of the total square footage).
(c)
SETBACK. Billboards advertising signs shall be subject to all yard requirements within the "I" districts. Billboards advertising signs shall not be less than twenty feet from the front lot line.
(d)
SEPARATION REQUIRED. No two billboard advertising signs may be located within five hundred feet of each other.
(Ord. No. 2208-23-401, 2-3-2020)
40 - SIGNS4
Editor's note— Ord. No. 2208-23-401, adopted Feb. 3, 2020, amended Ch. 23.40; in its entirety to read as set out herein. The former Ch. 23.40, §§ 23.40.010—23.40.260, pertained to similar subject matter and derived from Ords. 1555, 1819; Ord. 1982 (part), adopted 2004; Ord. 2044 (part), adopted 2008; Ord. No. 2086, adopted Sept 27, 2010; Ord. No. 2092, adopted Feb. 14, 2011; Ord. No. 2152-23-385, adopted Dec. 15, 2014.
These regulations shall be known as the "Huron Sign Code," may be cited as such, and will be referred to in this chapter as "this code."
(Ord. No. 2208-23-401, 2-3-2020)
(1)
PURPOSE OF CODE. The purpose of this code is to provide minimum standards to safeguard life, health, property, public welfare, and to prevent the creation of a nuisance to neighboring property owners by regulating and controlling the design, construction, location, electrification and maintenance of all signs and sign structures not located within a building.
(2)
INTENT. The regulations of this code are not intended to permit any violation of the provisions of any other lawful ordinance.
(3)
SUBSTITUTION OF NONCOMMERCIAL MESSAGE. The owner of any sign which is otherwise allowed by this sign ordinance may substitute noncommercial copy in lieu of any other commercial or noncommercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provisions to the contrary. Any physical changes to the structure of the sign must be covered by an appropriately obtained building permit.
(4)
Dual Meaning. For the purposes of this code, the words "Commercial" and "Business" shall be considered to be synonymous and shall be construed to have the same meaning and context.
(Ord. No. 2208-23-401, 2-3-2020)
For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either the municipal code or as specified in the building code. Where terms are not defined, they shall have their ordinary accepted meanings, within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1961, shall be considered as providing ordinary accepted meanings. Words in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Where the definitions imposed by any provision of this chapter are more restrictive than comparable definitions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the definitions, which are more restrictive or impose a higher standard of requirements shall prevail.
(1)
"ABANDONED SIGN" is a sign, which no longer correctly directs or exhorts any person, advertises a bona fide business, leaseholder, owner, product or activity conducted or product available on the premises where such a sign is displayed.
(2)
"AWNING SIGN" is a sign on which the sign face is displayed on a surface (usually fabric or a hard-surfaced window covering that projects from the wall of a structure.
(3)
BALLOON SIGN- see Inflatable Sign.
(4)
"BANNER SIGN" means a sign, which directs attention to a business, commodity, service, or entertainment constructed out of paper, cloth or any other lightweight material that is secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. A "banner" sign is also a "temporary sign." Includes "feather" and "fin" signs.
(5)
"BILLBOARD ADVERTISING SIGN" means a sign, which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. A billboard advertising sign may include, but not be limited to, the following structure types:
(a)
Front side only: A structure with a single sign oriented in a single direction.
(b)
Back To Back: A structure with two (2) or more parallel sign faces oriented in opposite directions.
(c)
V-Type: A structure or structures with two (2) sign faces, forming the shape of the letter "V" when viewed from above, with an angle between two (2) faces of not more than thirty degrees (30°).
(6)
"BUILDING CODE" is the current Building Code put into law by the International Conference of Building Officials as adopted by the Huron City Commission.
(7)
"BUILDING OFFICIAL" is the officer or other designated authority charged with the administration and enforcement of this code or his duly authorized representative. This responsibility is held jointly with the zoning administrator.
(8)
"BUSINESS CENTER IDENTIFICATION SIGN" - A sign that identifies a building or group of commercial buildings with 3 or more businesses, with shared parking and/or access.
(9)
"BUSINESS SIGN" means a sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which such sign is located or to which it is affixed.
(10)
"CANOPY SIGN" means a roof-like cover, including an awning that projects from the wall of a building over a door, window, or entrance; or a freestanding or projecting cover above an outdoor service area, such as at a gasoline service station.
(11)
"COMBINATION SIGN" is any sign incorporating any combination of the features of monopole, projecting and roof signs.
(12)
"COMMERCIAL MESSAGE" means speech or graphics advertising a business, provision, commodity, service, or entertainment.
(13)
"CONSTRUCTION SIGN" means a sign which identifies the builder and or contractor(s) for a project at the same site as the sign.
(14)
"DISPLAY SURFACE" is the area made available by the sign structure for the purpose of displaying the advertising message.
(15)
"ELECTRIC SIGN" means any sign, the letter or figures of which are outlined by incandescent electric lamps placed in grooves or channels forming such letters or figures, or studded directly into the faces of such letters or figures, or on which the letter or figures are outlined by perforations or transparent devices, through which light from incandescent electric lamps or other artificial light is transmitted, or signs the display faces of which are made of Lexan or like material and which are illuminated by artificial lights placed in such manner as to shine through from the inside, or any sign on which is mounted any neon tubing. Signs on which the letters or figures are printed, placed or raised and illuminated by lamps placed exterior thereto, shall not be "electric signs" within the meaning of this chapter.
(16)
"ELECTRONIC MESSAGE CENTER SIGN" means a sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. For the purposes of this section Digital Display signs and Dynamic Message Display signs shall be considered the same as Electronic Message Center Signs.
(17)
"FEATHER ADVERTISING SIGN": See "Banner Sign."
(18)
"FLASHING SIGN" means a sign where light is not maintained stationary or constant in intensity and color at all times in which the sign is in use.
(19)
"FREE STANDING SIGN" - A self-supporting sign resting on or supported by means of poles, standards, or any other type of base on the ground. These may include monument, monopole, and business center identification, and other types of Combination signs.
(20)
"GOVERNMENT SIGN" means any sign intended for the use of directing traffic, indicating street names, and or any public purpose sign duly authorized by the city commission or other appropriate governmental body.
(21)
"GRADE" is the ground level as established by the city engineer.
(22)
"GROSS AREA OF SIGN" is the area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
(23)"
Sign, Home Occupation" means a non-illuminated sign not over two square foot in area displaying only the name and/or address and/or phone number and/or business name of the licensed home occupation permit holder at that address.
(24)
"ILLUMINATED SIGN" means any sign which is illuminated in any way, including by reflection.
(25)
" INFLATABLE SIGN" means a portable sign which through the use of gas or air remains inflated and is tethered to the ground, building, another sign, or vehicle. Any signs attached to the tether are considered part of the inflatable sign.
(26)
"MARQUEE" is a permanent roofed structure attached to and supported by the building and projecting over public property.
(27)
"MONUMENT SIGN" means a type of freestanding sign supported by a base of at least 75 percent of the sign width, with the sign face located within four feet from the ground, and is independent from any building.
(28)
MONOPOLE SIGN - means a free standing sign supported by a single pole or other vertical structure, with the sign face located more than four feet from the ground.
(29)
"MOTION SIGN" means any sign, which revolves, rotates, or moves in any way by mechanical means.
(30)
"NAMEPLATE SIGN" means any sign, which states the name and address or both of the business or occupant of the lot or building where the sign is placed or may be a directory listing the name, addresses and business of occupants.
(31)
NONCOMMERCIAL MESSAGE" are messages not classified as commercial messages, which include, but are not limited to, messages concerning political, religious, social, ideological, public service, and informational topics.
(32)
"NONSTRUCTURAL TRIM" is the molding, battens, caps, nailing strips, latticing, cutouts or letters and walkways, which are attached to the sign structure.
(33)
OFF PREMISES SIGN: A sign advertising a business, person, service or product which is located or conducted elsewhere than on the premises where the sign is located.
(34)
"ON-PREMISE SIGN" is a sign identifying an establishment's activities, products or services conducted or available on the property upon which it is located and signs advertising the sale or lease of the property upon which they are located.
(35)
"PENNANT SIGN" means any geometric-shaped cloth, fabric, or other lightweight material normally fastened to a stringer that is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere.
(36)
"PERMANENT COMMERCIAL SIGN" is a sign that directs attention to the following, including but not limited to a business, commodity, service, or entertainment conducted, sold or offered on the premises on which the sign is attached to a building or installed on a lot in such a way so as to last or remain unchanged indefinitely. Types of Permanent Commercial signs are Awning, Business Center Identification sign, canopy, Freestanding, Marquee, Monopole, Monument, Projecting, Roof and Wall signs.
(37)
"PERMANENT COMMERCIAL YARD SIGN" means a sign or advertising display constructed in such a way so as to be permanent in nature that DOES advertise the provision of sales or services available on the site of the residential property where the sign is located.
(38)
"PERMANENT NON-COMMERCIAL SIGN" means a sign which is attached to a building or installed on a lot in such a way so as to last or remain unchanged indefinitely, that DOES NOT advertise for the sale of a good or service available on or off the site of the permanent sign.
(39)
"POLITICAL SIGN": means any sign, which promotes an issue or candidate that is slated for an upcoming election. Political signs display a name or message that is constructed in such a way so as to be temporary in nature.
(40)
"PORTABLE DISPLAY SURFACE" is a display surface temporarily fixed to a standardized advertising structure, which is regularly moved from property to property at periodic intervals and/or is not permanently attached to the ground and/or may be attached to a trailer.
(41)
"PROJECTING SIGN" is a sign other than a wall sign, which projects from and is supported by a wall of a building or structure.
(42)
"PROJECTION" is the distance by which a sign extends beyond the building line.
(43)
"REALTOR SIGN" is a temporary sign notifying the public of the intent to sell, rent or lease a property.
(44)
"SIGN" is any medium, electrical or otherwise, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising purposes including painted displays on the surface of a building.
(45)
"SIGN STRUCTURE" is any structure, which supports or is capable of supporting any sign as defined in this code.
(46)
"SHOPPING CENTER" means a strip mall, mall or building housing two or more occupants or businesses.
(47)
"STRUCTURE" is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built or composed of parts jointed together in some definite manner.
(48)
"TEMPORARY COMMERCIAL SIGN" means a sign, banner, pendent, valence or advertising display constructed in such a way so as to be temporary in nature, intended to be displayed for a limited period of time only, that directs attention to the following, including but not limited to a business, commodity, service, or entertainment conducted, sold or offered on the premises. A Temporary sign may include but not be limited to Inflatable signs, Banner signs, Pennant signs, Balloon signs, or Portable signs.
(49)
"TEMPORARY NON-COMMERCIAL SIGN" is a sign, banner, pendent, valence or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, temporarily attached to a building, that is only intended to be displayed for a limited period of time only, that DOES NOT advertise the sale of a good or service available on or off the site of the temporary sign.
(50)
"TEMPORARY NONCOMMERCIAL YARD SIGN" is any sign, banner, pendant, valence or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, temporarily held in a yard of a structure on one or two wooden or steel posts, intended to be displayed for a limited period of time only. These signs DO NOT advertise the provision of a good or service available on or off the site of the temporary yard sign.
(51)
"TEMPORARY COMMERCIAL YARD SIGN" is any sign, banner, pendant, valence or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time only that DOES advertise a for sale a good or service available on the site of the temporary yard sign.
(52)
"ICC STANDARDS" is the International Building Code Standards put into law by the International Conference of Building Officials as adopted by this jurisdiction.
(53)
"WALL SIGN" is any sign attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of such wall.
(54)
"WINDOW SIGN" is a window sign which is a sign attached or adhered within a window frame which is used to advertise, identify, display, direct, or attract attention.
(55)
"ZONING ADMINISTRATOR" is the officer or other designated authority charged with the administration and enforcement of this code or his duly authorized representative. This authority is held jointly with the building official.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
AUTHORITY. The building official and zoning administrator are authorized and directed to enforce all the provisions of this chapter. For such purposes they shall have the powers of a law enforcement officer.
(2)
INSPECTIONS BY AUTHORIZED OFFICIALS. All signs for which a permit is required shall be subject to inspection by the zoning administrator or building official.
(a)
Footing inspections may be required by the building official for all signs having footings.
(b)
All signs containing electrical wiring shall be subject to the provisions of the state electrical code, and the electrical components used shall bear the label of an approved testing agency.
(c)
All signs may be re-inspected at the discretion of the building official and/or zoning administrator.
(3)
RIGHT OF ENTRY. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official, zoning administrator or their authorized representative have reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the building official, zoning administrator or their authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official or zoning administrator by this code; provided, that if such building or premises be occupied, they shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official, zoning administrator or their authorized representative shall have recourse to every remedy provided by law to secure entry.
When the building official, zoning administrator or their authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made in this chapter provided, to promptly permit entry therein by the building official, zoning administrator, or their authorized representative for the purpose of inspection and examination pursuant to this code.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
VIOLATIONS. It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any sign or sign structure in this jurisdiction, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code.
(2)
PENALTY FOR VIOLATION. Any person violating any of the provisions of this chapter shall be guilty of a municipal ordinance violation punishable by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days or by both such fine and imprisonment, and each and every day that the violation continues or that any unlawful sign is permitted to remain, after notice to remove the same, shall constitute a separate offense.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
LICENSE. No person shall hereafter carry on the business of sign hanging, or engage in the erection or placing of any sign in the city without having obtained a license so to do from the governing body.
(2)
THE LICENSE FEE. The license fee for carrying on the business of hanging such sign shall be at the published rate as per the most recent rate resolution published by the City of Huron, payable in the same manner as other licenses.
(3)
APPLICATION. Application for such license shall be made in writing to the governing body, and such application shall be accompanied by a bond in the sum of five thousand dollars with sufficient sureties approved by the board of commissioners, which bond shall be conditioned that such applicant will indemnify and save harmless the city from any and all charges, costs, expenses, judgments or damages, caused by reason of any negligence on the part of such applicant or of any of his servants or employees in the construction or erection of such signs, or by the use of any insufficient or insecure support or attachment, or by any improper, unsuitable or unskilled workmanship in the erection or placing of any such signs or part thereof. Upon the filing with the governing body of such bond approved as aforesaid, and the payment of the license fee as above provided, such license may be granted or refused, in the discretion of the governing body.
(4)
RENEWAL. Annual renewal shall be required in the same manner as the original application.
(5)
TERMINATION. Such license shall expire one year after the date of issue of such license, and may be revoked by the governing body at any time, whenever in the opinion of the board such sign or electric sign hanger has violated any of the provisions of this chapter or any ordinance of the city pertaining to the business of sign hanging or the hanging of electric signs.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
FEE SCHEDULE. The fee schedule for sign permits shall be adopted by resolution by the city commission in the same manner as the schedule of building permit fees. There will be no fee for home occupation nameplate signs in the "R" districts.
(2)
WHEN REQUIRED. A sign shall not hereafter be erected, re-erected, constructed, altered, painted, or maintained, except as provided by this code and after a permit for the same has been issued by the building official or zoning administrator. A separate permit shall be required for a sign or signs for each business entity, and a separate permit shall be required for each group of signs on a single supporting structure. In addition, electrical permits shall be obtained for electric signs.
(3)
APPLICATION PROCEDURE. Application for a sign permit shall be made in writing upon forms furnished by the building official or zoning administrator. Such application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner, sign contractor or erector, type of sign, sign dimensions, weight thereof, a sketch or drawing showing the location of the sign on the lot and the dimensions of the building and lot. The building official or zoning administrator may require the filing of plans or other pertinent information where in their opinion such information is necessary to ensure compliance with this code. Standard plans may be filed with the building official or zoning administrator.
(Ord. No. 2208-23-401, 2-3-2020)
These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. The following signs shall not require a sign permit but must be in conformance with all other state laws and local ordinances:
(1)
GOVERNMENTAL SIGNS. This code shall not apply to any display of directional signs, street name signs, or other signs which have been authorized and caused to be erected by a governmental body.
(2)
SIGN MAINTENANCE. Maintenance painting or cleaning of an advertising structure or of the advertising copy or message thereon shall not be considered an erection or alteration which required a sign permit unless a structural change is made. Changes resulting from a change in ownership or name are not exempt.
(3)
POLITICAL SIGNS and/or POLITICAL BANNERS. Political Signs or Political Signs and/or Political Banners, or any other similar sign erected or placed, shall have a limited placement time not to exceed seventy-five (75) days before an event and must be removed within seven days after the event is held.
(4)
TEMPORARY COMMERCIAL SIGNS. Temporary Commercial Signs that notify the public of real property for sale, rental or lease, auctions, and signs that identify builders and contractors working on a project on the same site as the sign.
Signs placed on the site for the purposes of identifying a builder and or contractor for a project do not need a permit. These signs may not be placed on the public right-of-way. The sign must be placed on the same site as the construction project. They may not be placed before the work begins and must be removed within ten days after the project is completed as indicated by a Certificate of Occupancy being issued by the City of Huron. Construction signs must be 32 square feet or less and may be double faced with a maximum height of eight (8) feet. These signs may not be placed where they will block visibility at an intersection.
(5)
INTEGRAL SIGNS. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like, of permanent-type construction and made an integral part of the building structure, shall be permitted up to three square feet.
(6)
PENNANTS. Pennants made of cloth, fabric or other lightweight material may be displayed for a maximum of up to 60 days per calendar year at any one business location.
(7)
PORTABLE INFLATABLE SIGNS. High-flying, helium, and ground inflatable signs are not counted against a property's signage allowance in as much as the maximum size of a ground-mounted inflatable will be 15 feet by 30 feet. The maximum volume of a high-flying inflatable will be 500 cubic feet. These signs may be displayed for a maximum of up to 60 days per calendar year at any one business location. High-flying inflatables will not be located in any airport approach zone and will not interfere with utility lines, antennas, or towers.
(8)
PRIVATE, ON-SITE, TRAFFIC DIRECTION SIGNS.
(a)
Signs directing traffic movement onto and out of a commercial, industrial, institutional, office, recreational, apartment, and manufactured home park uses may have one interior traffic directional signs of six square feet and four feet in height at each vehicular entrance onto a public way (street or alley), up to a maximum of two signs.
(b)
Not less than fifty percent of the sign area of each sign shall be used for traffic information.
(c)
Private traffic directional signs shall be located so that the sign does not obstruct the view at any private or public intersection.
(9)
Home occupations. A two square feet wall mounted sign.
(10)
Signs in City Parks. Signs advertising special events within a city park may be located on city parks property (not on public right-of-way), but shall be approved by the director of parks and recreation. Signs shall not exceed a total of 100 square feet. Allowable sign types include non-illuminated banners, non-illuminated portable signs, inflatable signs and on-site traffic directional signs for a period not to exceed three days prior to an event and must be removed immediately after the event.
(11)
Window signs as previously defined are exempt.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
NONCONFORMING COMPLIANCE. Signs existing on the effective date of the ordinance codified in this title which do not conform to the regulations set forth in this title are a nonconforming use of structure and as such shall be under the regulations set forth in Chapter 23.10 of this code.
(2)
EXISTING SIGNS. No existing sign or electric sign shall be extensively repaired, altered or moved unless the same shall be brought into compliance with the requirements of this chapter and any existing sign or electric sign which is unsafe either from construction, material or location, may be ordered to be removed by the building official and/or the zoning administrator.
(3)
ABANDONED SIGNS. Should a business close, any signage owned, controlled or otherwise maintained by said business, whether located on or off premises, shall be removed within 90 days of the closing of the business.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
MAINTENANCE. All signs and sign support structures, together with all of their supports, braces, guys, and anchors, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or sign face posted at all times.
(2)
REMOVAL. The building official and or zoning administrator may order the removal of any sign that is not maintained in accordance with the provisions of this code.
(3)
ABANDONED SIGNS. The building official and or zoning administrator may order the removal of abandoned signs.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
GENERAL. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.
The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted.
Signs and sign structures shall be designed and constructed as to the requirements and specifications of Chapter 10—Appendix H of the International Building Code.
(2)
SUPPORT. The supports for all signs or sign structures shall be placed in or upon private property and shall be securely built, constructed and erected in conformance with the requirements of this code.
(3)
MATERIALS. Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the International Building Code.
(4)
RESTRICTIONS ON COMBUSTIBLE MATERIALS. Ground signs may be constructed of any material meeting the requirements of this code and the International Building Code.
Combination signs, roof signs, wall signs, projecting signs and signs on marquees shall be constructed of noncombustible materials, except as provided in subsection (5) of this section. No combustible materials other than approved plastics shall be used in the construction of electric signs.
(5)
NONSTRUCTURAL TRIM. Nonstructural trim and portable display surfaces may be of wood, metal, approved plastics or any combination thereof.
(6)
ANCHORAGE. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance to pullout amounting to a force twenty-five percent greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line.
(a)
Portable ground signs supported by frames or posts rigidly attached to the base shall be so proportioned that the weight and size of the base will be adequate to ensure the sign is not overturned by the wind.
(b)
Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely in the loads applied.
(c)
No wooden block or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing.
(d)
No anchor or support of any sign shall be connected to, or supported by an un-braced parapet wall, unless such wall is designed in accordance with the requirements for parapet walls specified for seismic zoned properties in the building code.
(e)
Anchors and supports when of wood and embedded in the soil, or within six inches of the soil, shall be either cedar or shall be pressure treated with an approved preservative.
(7)
DISPLAY SURFACES. Display surfaces in all types of signs may be made of metal, approved plastics, or wood.
(8)
INTERSECTION and DRIVEWAY SAFETY ZONE. Any sign that projects into or is placed within the sight triangle zone, which is defined as a height of between 2.5 feet and 10 feet above the established curb grades of the intersecting streets within the triangle formed by the curb lines of the intersecting streets and the line joining points a distance of 35 feet on each curb line from their position of intersection is prohibited.
Freestanding signs with supports shall not be located within twelve feet (12') of the sideline of streets, unless the sign is located outside the sight view triangle and outside the public right-of-way.
For the purpose of this subsection, "sideline of street" shall mean the curb line on those streets where curb is installed. Where curbs are not installed, "sideline of street" shall mean that line which otherwise would be the curb line if a standard city street with curb were installed and centered within the public right-of-way.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
METHOD TO CALCULATE INDIVIDUAL SIGNS: The area of a sign face shall be calculated by means of the smallest rectangle that will encompass the extreme limits of the writing, representation, emblem, 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. The supporting structure or bracing of a sign shall not be counted as a part of sign face area unless such structure or bracing is made a part of the sing's message. The supporting structure must be proportional to the sign face.
(2)
Computation of Area of Multi-faced Signs: The sign area of a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are place back to back to back, so that the sign faces cannot be viewed from any point at the same time, and when the sign faces are part of the same sign structure are not more than forty two inches (42") apart, the sign area shall be computed by measurement of one of the faces.
(3)
Each surface utilized to display or to attract attention to shall be measured as a separate sign, and symbols, flags, pictures, wording, figures, walls, awnings or freestanding sign structures shall be considered as a sign to be included in calculating the overall square footage.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
HIGH VOLTAGE POWER LINES. Signs shall be located not less than twelve feet horizontally and twelve feet vertically from overhead electrical conductors which are energized in excess of seven hundred fifty volts. The term "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.
(2)
FIRE ESCAPES, EXITS OR STANDPIPES. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe.
(3)
CLEARANCE FROM STREETS. Signs shall not project within two feet of the curb line.
(4)
CLEARANCE FROM GRADE. No signs or sign structures shall be placed below a height of twelve feet above the grade (established by the city engineer) unless as allowed in Section 23.40.160 of this chapter.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
OBSTRUCTION OF TRAFFIC SIGNS. A sign shall not be erected in a manner that would confuse or obstruct the view or interpretation of any official traffic sign, signal or device.
(2)
OPENINGS. No sign shall obstruct any openings (windows, etc.) of onsite buildings or buildings on adjacent lots, to such an extent that light or ventilation is reduced to a point below that required by the International Building Code.
(3)
APPROVED MATERIALS/OPENINGS. Signs erected within five feet of an exterior wall in which there are openings within the area of the sign shall be constructed of noncombustible material.
(4)
CLEAR VIEW. Any sign that obstructs the viewing angles or otherwise affects the Intersection and Driveway Safety Zone is prohibited. See section 23.40.110 (8) "Intersection and Driveway Safety Zone.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
APPLICATION. Signs will meet the setback requirements of this section. A sign is a structure or a part of a structure for the purpose of applying height regulations.
(2)
SIGN SETBACK IN "B", "I" and "MF" ZONES: Signs, including their footings and support structures will be not be allowed to be closer than one foot from the front property line and one foot from side property line with approval of the city planning and inspections office subject to the intersection and driveway safety zones and clearance provisions contained herein.
(3)
SIGN SETBACK IN "R" ZONES:
(a)
NAMEPLATE SIGNS. Nameplate Signs, such as Home Occupation, Child Care Facility, and Single-Family signs shall be a single surfaced nameplate sign which may be located on the property, provided the sign does not exceed two square foot in area. Such sign may indicate the name of the occupant, and address of the occupant.
(b)
Nameplate Signs - shall not protrude from the front of the home more than two inches.
(c)
Temporary Signs - shall be place at least one foot on the private property side of the property line.
(d)
Prohibition no sign may be located in the safety and visibility triangles as identified in 23.10.028, 23.10.035 and 23.10.040.
(4)
PUBLIC RIGHT-OF-WAY. Signs or sign structures are prohibited within the public right-of-way except that governmental signs may be located in the right-of-way if authorized by the appropriate governmental entity.
(5)
FREESTANDING SIGNS. All freestanding signs shall be located in such a location that the land around the sign is landscaped or if a part of an approved parking area, surfaced as required under Section 23.36.006 of this code.
(6)
EASEMENT AREAS. In no case may any sign structure (that part of the sign buried in the earth) be constructed in utility easement areas along front, side or rear property lines.
(Ord. No. 2208-23-401, 2-3-2020)
(1)
OVER ALLEYS. No sign or signs structure shall project into any public alley below a height of fourteen feet above grade, nor project more than twelve inches where the sign structure is located fourteen feet to sixteen feet above grade. The sign or sign structure may project not more than thirty-six inches into the public alley where the sign or sign structure is located more than sixteen feet above grade.
(2)
PUBLIC RIGHT-OF-WAY. Signs and their superstructures may extend into the public right-of-way a distance not to exceed fifteen inches when the sign structure is built flat against the building and onto the front of the building adjacent to the street right-of-way and when clearance is twelve feet or more.
(3)
PROJECTION OF WALL SIGNS. Wall signs may not project from the wall to which it is attached more than six inches when clearance is less than twelve feet unless mounted on a raceway which would increase the distance to twelve inches.
(4)
PROJECTION FROM BASE. Sign display areas shall not extend more than four feet from their base of support.
(5)
ROOF-ATTACHED TO/PROJECTION ABOVE. The superstructure for mounting of signs and such signs shall not be attached to a roof or project above the roof of a building.
(Ord. No. 2208-23-401, 2-3-2020)
It is unlawful for any person, persons, firm or corporation to hang, erect or maintain any electric sign or signs within the corporate limits of the city that interferes with the reception of radio or television broadcasts; provided, however, that any complainant, except officers of the city, must first establish that such interference is not caused by any defect in his radio or television receiver.
(Ord. No. 2208-23-401, 2-3-2020)
Temporary, Portable, and Banner display surfaces must be permitted as signs subject to the following conditions. The intent of such signs are for special promotional activities, not continuous advertising.
(1)
Permits. The initial sign permit fee, if a temporary, portable or banner sign is placed for less than sixty days, shall be according to the current fee schedule. If a portable sign is placed for more than sixty days it is considered a permanent sign and must be permitted by the city as required by Section 23.40.070 of this chapter during which the owner must obtain the initial permit. During the sixty-day period, if it is decided to keep the sign a new application for a permanent sign must be submitted for approval by the Planning Director or Building Official.
(a)
If the sign will be over the code allowed square footage then a variance must be obtained prior to installing the sign.
(b)
Permits are for the sign area and sign location, not for the sign content. Therefore, sign content may change within the same permit based upon approved area and location.
(c)
Signs shall be maintained in a "legible condition" and secured on each end and shall be in compliance with regulations regarding the Intersection and Driveway Safety Zone and clearance upon and over public rights-of-way.
(2)
The regulations and limitations of temporary signs including portable, banner and pennant signs shall be as follows.
(a)
Permits are required for the following temporary signs:
i.
all portable signs require sign permits.
ii.
Banner signs exceeding 100 square feet per business location whether on structure or freestanding,
iii.
Pennant signs exceeding the 10 square feet exempt by ordinance.
(b)
Permit fees will cover inspection costs necessary to administer the temporary nature of these signs, on-site inspections and confirming their condition, and that they have been removed within the permitted time frames.
(c)
Temporary signs shall be maintained in a legible condition and secured on each end and shall be in compliance with § 160.517 [Intersection & Driveway Safety Zone] and § 155.001 [Signs upon, over public ways].
(3)
Portable signs.
(a)
Except as otherwise provided in this section, portable signs may only be displayed in the Commercial and Industrial zoning districts. Based upon the lot sizes, setbacks, and impacts to adjacent properties, portable signs are not authorized within the residential zoning districts.
(b)
Portable signs shall be limited to no more than 32 square feet.
(c)
Portable sign permits are allowed up to 60 permit days per calendar year at any one business location. Separate permits shall be required for each sign. Permits may be issued for terms of either 15 or 30 days, and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 30 days have elapsed following the expiration of 15-day permits and 60 days following a 30-day permit. Permits for two or more portable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.
(d)
All portable signs must be anchored in such a way so as to prevent the sign from tipping over due to wind, thus creating public safety hazards for pedestrians.
(4)
Portable inflatable signs. High-flying, helium, ground, and roof inflatable signs may be displayed under the following conditions.
(a)
Sign area exception: The maximum size of a roof-mounted inflatable will be 25 feet wide by 30 feet high.
(b)
Inflatable permits are allowed up to 28 permit days per calendar year (four separate seven day periods) at any one business location. Separate permits shall be required for each inflatable sign. Permits will be issued for seven day periods, and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 30 days have elapsed following the expiration of seven-day permits. Permits for two inflatable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.
(c)
Cabling, tie-downs, or tether lines will not be located on or across public property.
(5)
Portable non-inflatable signs. Non-inflatable signs (including but not limited to wind feathers and nongovernmental flags) may only be displayed under the following conditions:
(a)
Shall not exceed 32 square feet in total area per sign.
(b)
Non-inflatable permits are allowed up to 60 permit days per calendar year at any one business location. Separate permits shall be required for each sign. Permits may be issued for terms of either 15 or 30 days, and permit holders will be charged with the full term of which the permit is issued. Subsequent permits shall not be issued until 30 days have elapsed following the expiration of 15-day permits and 60 days following a 30-day permit. Permits for two non-inflatable signs may be issued at a particular business location if the permits are of equal duration and run concurrently.
(c)
Banner Signs. Banners shall be permitted only in Business and Industrial zoning districts.
i.
Permits are not required for banners on a building or freestanding sign, as long as the total square footage of all the banners at the business location do not exceed 100 square feet.
ii.
Banners shall only be attached to freestanding signs or building walls in the B-2 zoning district.
iii.
Banner may be attached to freestanding signs, building walls, steel or wooden posts or parking lot lights in the B-1 and B-3 business districts and the Industrial zoning districts.
iv.
Banners exceeding a total square footage of 100 square feet will be counted towards the allotted sign area allowed. Sign permits are required for each banner.
(d)
Pennants displayed for more than 60 days per calendar year at any one business location shall require a permanent sign permit. Pennants with an area larger than of one square foot per pennant flag shall require a permanent sign permit.
(Ord. No. 2208-23-401, 2-3-2020)
Editor's note— Ord. No. 2208-23-401, adopted Feb. 3, 2020, repealed § 23.40.190, which pertained to contractor signs and derived from Ord. 1982 (part), adopted 2004.
(1)
SIGNS. All signs must meet setback requirements
(2)
MESSAGE TIME. Individual messages shall be displayed in no more than three screens over a period of no longer than nine seconds. Screens shall take no longer than one second to change.
(3)
TIME OR TEMPERATURE. Messages displaying time and/or temperature shall be displayed not longer than three seconds.
(4)
PROHIBITED DISPLAY ELEMENTS. Prohibited Display Elements are as follows:
(a)
Animation not related to the message displayed.
(b)
Any flashing of the colors of Red, Amber (yellow) or Blue on any part of the screen is prohibited.
(c)
Any spinning or similar motion of all or any part of the display.
(5)
INTERFERENCE OR SIMULATION OF TRAFFIC CONTROL DEVICES. The message shall not contain materials that may be confused as a traffic control device, simulate automobile either outgoing or oncoming, or direct the driver to make any abrupt turning movements. Light emitted shall not obscure any traffic control device.
(6)
SIGN BRIGHTNESS. The brightness of the illumination shall be approximately adjusted as ambient light decreases by utilizing an ambient light sensor for automatic dimming.
(7)
FOOT-CANDLE LIMITATION. Light emitted shall be a maximum of 0.3 foot-candle above ambient light levels measured per industry standard procedure.
(8)
GENERAL COMPLIANCE. All regulations for Electronic Message Centers and Digital Display Signs (Dynamic Message Signs) shall be applicable to all signs that fit the definition regardless of size, construction or mounting.
(9)
RESIDENTIAL DISPLAY. Digital or Electronic messaging signs within a residential zone shall display a static message between the hours of 10 p.m. and 6 a.m. Churches located within an "R" district shall be exempt from this requirement.
(10)
MOUNTING. No Electronic or digital signs shall be mounted perpendicular to the surface to which they are attached. These signs must be attached to a marquee, freestanding, or wall sign.
(11)
DISPLAY AREA. The display area of the digital or electronic sign, functioning as the messaging screen of any sign shall be counted toward the maximum allowable sign face square footage allowed under this ordinance.
(12)
RESTRICTIONS IN "B-2" District. Electronic Message Center or Digital Signs are not permitted in the B-2 Central Business District. Existing Electronic or Digital messaging signs in the "B-2" district shall be considered non-conforming signs.
(13)
CONDITIONAL USE PERMIT REQUIREMENT. All Electronic Message Center or Digital Display signs located in a residential zoning district shall require a conditional use permit.
(Ord. No. 2208-23-401, 2-3-2020)
Where a billboard/advertising sign is illuminated, the source of light shall not shine on any part of an existing residence or into a residential district or into the eyes of the driving public on any adjacent public streets. Any flashing of the colors of Red, Amber (yellow) or Blue on any part of the screen is prohibited as these colors are typically associated with law enforcement or traffic control devices.
(Ord. No. 2208-23-401, 2-3-2020)
Within the "R" districts, the signs are subject to the following regulations:
(1)
NAMEPLATE SIGNS. Commercial Nameplate Signs, such as Home Occupation, Child Care Facility, and those for Single Family Dwelling signs shall be a single surfaced nameplate sign which may be located on the property, provided the sign does not exceed two square foot in area. Such sign may indicate the name of the occupant, and address of the occupant.
(2)
NAMEPLATE SIGNS. Nameplate Signs for Multifamily. Housing may be a single or double surfaced sign for each apartment complex of six or more units, which shall not exceed six square feet in area per surface. Such signs may indicate the names and addresses of the buildings or project, or may be a directory for occupants or state any combination of the above information;
(3)
TEMPORARY COMMERCIAL YARD SIGNS. Temporary Commercial Yard Signs meet the following regulations:
(a)
Signs shall not exceed six square feet per sign.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs may be double or single faced.
(d)
Signs shall be limited to one sign per residential property.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall be removed upon the rental/sale or lease closing of the dwelling unit or units.
(g)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(4)
TEMPORARY NON-COMMERCIAL SIGNS. Temporary Non-Commercial Signs shall meet the following regulations:
(a)
Signs shall not exceed six square feet per sign.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs may be double or single faced.
(d)
Signs shall be limited to two signs per residential property.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs may be displayed for a maximum of 75 days per calendar year per property.
(g)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(5)
PERMANENT COMMERCIAL YARD SIGNS. Signs of this type are restricted to authorized Home Occupation businesses permitted by the City of Huron, located within an "R" district and shall adhere to the following regulations:
(a)
district and shall adhere to the following regulations:
(b)
Signs shall have a maximum sign size of two square feet.
(c)
Shall not be located on the public right-of-way.
(d)
Shall not obstruct visibility at any driveway, alley or intersection.
(6)
YARD ORNAMENTS. Symbols, statues, sculptures and integrated architectural features in residential areas shall not be located in the public right-of-way and nor shall it impede the visibility on any street or alley intersection.
(7)
ILLUMINATED SIGNS. Illuminated flashing signs shall not be permitted;
(8)
RESIDENTIAL DEVELOPMENT AREA SIGNS. Signs used for the purpose of selling or promoting a residential project of six or more lots or dwelling units shall not exceed an aggregate of one hundred square feet, must be erected upon the project site, and shall be maintained until each of the lots or units has been sold, rented or leased. At such time the development area has completed its last sale, rental or lease, the sign shall be removed and future signs shall be subject to this code.
(9)
BILLBOARD ADVERTISING SIGN. Billboard advertising signs are not allowed in "R" zones. Any billboard advertising sign presently in "R" zones shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(10)
CHURCHES. Total on-site signage square footage shall include any monument, wall and temporary signs and shall not exceed one hundred eight square feet.
(11)
COMMERCIAL BUSINESS. Commercial business signage shall not exceed thirty-two square footage of all signage on the property.
(12)
EXISTING PERMITTED, NON-CONFORMING SIGNS. Existing permitted commercial, home occupation, child care facility and church signs exceeding the maximum square foot requirements as set forth in provisions (1), (2), (8), (10) and (11) and existing as of the date of adoption of this ordinance, are exempt from the maximum square foot requirements as set forth in those provisions, provided the business or church continues to be operational. The replacement sign shall not be larger than the sign to be replaced. Installation of a new sign or sign face shall require a new sign permit. If the use changes, new signage shall conform to the requirements of the zoning ordinance.
(13)
ELECTRONIC MESSAGE CENTERS AND DIGITAL DISPLAY SIGNS. All electronic message signs or digital display signs located in a residential zoning district shall require a conditional use permit.
(Ord. No. 2208-23-401, 2-3-2020)
Within the "B-1" Limited Business District, signs are subject to the following regulations:
(1)
PERMANENT COMMERCIAL SIGNS. The aggregate square footage of sign space for any building with more than 25 feet of wall fronting on a public right-of-way, shall not exceed three square feet for each lineal foot of building front wall, plus two square feet of signage for each lineal foot of building side wall greater than 25 feet, that also abuts a public right-of-way.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 250 square feet in area, nor shall two or more smaller business signs cause sign surfaces greater than 250 square feet.
(3)
TEMPORARY COMMERCIAL OR NON-COMMERCIAL YARD SIGNS. All temporary commercial or non-commercial yard signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to one sign per commercial property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(4)
FLASHING SIGNS. Illuminated or flashing signs shall not be permitted.
(5)
BILLBOARD ADVERTISING SIGNS. Billboard advertising signs shall not be permitted in the "B-1" zoning district. Those signs that preexist the adoption of this ordinance shall adhere to the following regulation:
(a)
Once deteriorated to a point of replacing, all Billboards must be removed.
(b)
All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(6)
NAMEPLATE SIGNS. Nameplate signs shall be limited to one per lot in the "B-1" district. The sign shall pertain to the authorized use on the lot, but shall not exceed ten percent of the authorized aggregate square footage of advertising sign space for such lot.
(7)
ROOFTOP SIGNS. Rooftop signs shall not be permitted. This includes the superstructure of a sign extending beyond the rooftop of the building.
(8)
POLITICAL SIGNS. Within this district, Political signs are to be considered as temporary non-commercial signs. See 23.40.220 (3)
(Ord. No. 2208-23-401, 2-3-2020)
Signs within the "B-2" Central Business District and the "MF" Medical Facilities district are subject to the following regulations:
PERMANENT COMMERCIAL SIGNAGE. Permanent Commercial Signs shall adhere to the following regulations:
(1)
AGGREGATE SQUARE FOOTAGE. The aggregate square footage of sign space for any building with more than 25 feet of wall fronting on a public right-of-way, shall not exceed three square feet for each lineal foot of building front wall, plus two square feet of signage for each lineal foot of building side wall greater than 25 feet, that also abuts a public right-of-way.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 250 square feet in area, nor shall the combined area of two or more smaller signs cause the total sign surface area to exceed 250 square feet.
(3)
BILLBOARD ADVERTISING SIGNS. Billboard Advertising shall not be permitted in the "B-2" Central Business and the "MF" Medical Facility zoning districts. Should a sign preexist the adoption of this ordinance the following shall apply:
(a)
Once deteriorated to a point of replacing all Billboards must be removed.
(b)
All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(c)
Should a business owning or controlling, or otherwise maintaining a billboard advertising sign close, said billboard advertising sign shall be removed.
(4)
NAMEPLATE SIGNS. Nameplate signs shall be limited to one per lot in the "B-2" Industrial and "MF" Medical Facility districts. The sign shall pertain to the authorized use on the lot, but shall not exceed ten percent of the authorized aggregate square footage of advertising sign space for such lot.
(5)
ROOFTOP SIGNS. Rooftop signs shall not be permitted. This includes the superstructure of a sign extending beyond the rooftop of the building.
(6)
TEMPORARY COMMERCIAL OR NON-COMMERCIAL YARD SIGNS. Temporary Commercial or Non-Commercial Yard Signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to one sign per property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(7)
Shopping Center. If only one freestanding sign displaying five or fewer items of information is located on the property and all other signage is in the form of wall signs which advertise only the name or symbols of the tenant(s) or occupants, then:
(a)
The freestanding area identification sign may be up to thirty-five feet in height and two hundred fifty square feet in area.
(b)
The area of this sign shall not be included in the total area of signage allowed for the property.
(8)
ILLUMINATED SIGNS. Illuminated/illuminated flashing signs shall be permitted within the "B-2" & "MF" districts. Illuminated signs or devices giving off an intermittent, steady or rotating beam, such as a scrolling reader board, consisting of a collection or concentration of rays of light shall be permitted. Flashing or rotating lights may not be red, yellow (amber) or blue in color since these colors are commonly used by law enforcement.
(Ord. No. 2208-23-401, 2-3-2020)
Signs within the "B-3" General Business District are subject to the following regulations:
PERMANENT COMMERCIAL SIGNAGE. Permanent Commercial Signs shall adhere to the following regulations:
(1)
AGGREGATE SQUARE FOOTAGE. The aggregate square footage of sign space for any building with more than 25 feet of wall fronting on a public right-of-way, shall not exceed three square feet for each lineal foot of building front wall, plus two square feet of signage for each lineal foot of building side wall greater than 25 feet, that also abuts a public right-of-way.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 800 square feet in area, nor shall the combined area of two or more smaller signs cause the total sign surface area to exceed 800 square feet.
(3)
BILLBOARD ADVERTISING SIGNS. Billboard Advertising shall not be permitted in the "B-3" zoning district.
(a)
Once deteriorated to a point of replacing all existing billboards and advertising signs must be removed
(b)
Should a business owning or controlling, or otherwise maintaining a billboard advertising sign close, said billboard advertising sign shall be removed.
(c)
All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(4)
Nameplate signs shall be limited to one per lot in the "B-3" district. The sign shall pertain to the authorized use on the lot, but shall not exceed ten percent of the authorized aggregate square footage of advertising sign space for such lot
(5)
Rooftop signs shall not be permitted. This includes the superstructure of a sign extending beyond the rooftop of the building.
(6)
Shopping Center. If only one freestanding sign displaying five or fewer items of information is located on the property and all other signage is in the form of wall signs which advertise only the name or symbols of the tenant(s) or occupants, then:
(a)
The freestanding area identification sign may be up to thirty-five feet in height and two hundred fifty square feet in area.
(b)
The area of this sign shall not be included in the total area of signage allowed for the property.
(7)
TEMPORARY COMMERCIAL OR NON COMMERCIAL YARD SIGNS. Temporary Commercial or Non-Commercial Yard Signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to two sign per commercial property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(8)
ILLUMINATED SIGNS. Illuminated/illuminated flashing signs shall be permitted within the "B-3" district. Illuminated signs or devices giving off an intermittent, steady or rotating beam, such as a scrolling reader board, consisting of a collection or concentration of rays of light shall be permitted. Flashing or rotating lights may not be red, yellow (amber) or blue in color since these colors are commonly used by law enforcement.
(9)
Electronic Message Center or Digital Display signs are allowable within the "B-3" district as per this chapter.
(Ord. No. 2208-23-401, 2-3-2020)
Within the "I" districts, nameplate signs, business signs, and advertising/billboard signs are permitted subject to the following regulations:
(1)
SQUARE FOOT ALLOWED. The aggregate square footage of business sign space per lot shall not exceed the sum of six square feet per front foot of building, plus three square feet per front foot of property not occupied by a building, plus one square foot for each foot of public right-of-way fifty feet or more in width abutting the side of the structure, plus a ten percent increase. The least width of such corner lot shall be the front for purposes of this title.
(2)
SQUARE FOOTAGE LIMITATION. No individual sign shall exceed 800 square feet in area, nor shall the combined area of two or more smaller signs cause the total sign surface area to exceed 800 square feet.
(3)
SUPERSTRUCTURE. The superstructure for mounting of signs and such signs shall not be attached to a roof or project above the roof of a building.
(4)
BILLBOARD ADVERTISING SIGNS. Billboard advertising signs shall not be permitted in the "I" zoning districts inside city limits. Billboard advertising signs shall not be replaced in the "I-1" and "I-2" zoning districts when such signs have deteriorated to the point of requiring their removal. All billboard advertising signs shall be considered a nonconforming structure regulated by Chapter 23.10 of this code.
(5)
TEMPORARY COMMERCIAL-OR NON-COMMERCIAL YARD SIGNS. Temporary Commercial or Non-Commercial Yard Signs shall adhere to the following regulations:
(a)
Signs shall not exceed thirty-two (32) square feet.
(b)
Signs shall not be taller than four feet from grade to the top of the sign structure.
(c)
Signs will be limited to two sign per commercial property.
(d)
Signs may be single or double faced.
(e)
Signs shall not be located on the public right-of-way.
(f)
Signs shall not interrupt visibility at an intersection, alley or driveway.
(6)
ILLUMINATED SIGNS. Billboards may be illuminated within the "I" districts. Illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays of light shall be permitted including electronic or digital reader boards. Flashing or rotating lights may not be red, yellow (amber) or blue in color since these colors are commonly used by law enforcement. Where a billboard adverting sign is illuminated, the source of light shall not shine upon any part of an existing residence or into a residential district or into the eyes of the driving public on any adjacent public streets.
(Ord. No. 2208-23-401, 2-3-2020)
Editor's note— Ord. No. 2208-23-401, adopted Feb. 3, 2020, repealed § 23.40.260, which pertained to billboard/advertising signs and derived from Ord. 1982 (part), 2004).
(1)
Billboard advertising signs located outside city limits along state highways, are regulated by the State of SD.
(2)
Billboard advertising signs located outside city limits, in areas zoned other than "A" Agriculture or "I-2" General Industrial district, within the Joint Jurisdictional Area, are prohibited.
(3)
Existing Billboard advertising signs located within "I" Industrial Districts, located outside city limits, shall be in accordance with regulations outlined in the following sections:
(a)
SQUARE FOOTAGE. Within the "I" use districts located outside city limits in the Joint Jurisdictional Zoning area, any portion of the available square footage of sign space for such lot may be allocated to the billboard use, at the rate of four square feet of billboard surface to one square foot of available square footage of sign space permitted for that lot. No billboard shall be less than twenty feet from the front, side or rear lot line. Billboards are allowed only on lots that meet minimum lot size required for the "I" district.
(b)
SQUARE FOOT LIMITATION. Billboards are allowed only on lots that meet minimum lot size for the district. No billboard shall exceed four hundred fifty square feet in area (both sides are to be considered for purposes of the total square footage).
(c)
SETBACK. Billboards advertising signs shall be subject to all yard requirements within the "I" districts. Billboards advertising signs shall not be less than twenty feet from the front lot line.
(d)
SEPARATION REQUIRED. No two billboard advertising signs may be located within five hundred feet of each other.
(Ord. No. 2208-23-401, 2-3-2020)