(a)

Purpose. The purpose of this section is to provide standards for the use and display of signs. It is recognized that signs serve an important function and, therefore, reasonable and adequate display of signs is permitted under the provisions of this section. At the same time, this section recognizes that there is a definite need to regulate such display, as signs utilize the visual element of the public right-of-way to bring messages to the public. Limitations and standards are established herein consistent with the type of the district and the uses and activities in the district.

(b)

General requirements. Except as otherwise provided by this section, signs, where permitted, shall comply with the following requirements:

(1)

No freestanding sign shall be allowed within the initial five feet of required front setback space. Where no setback is required, a freestanding sign may be erected with the leading edge of the sign not more than eight feet into the street right-of-way or three feet from the curb, whichever is less, provided that no sign shall be located within 20 feet of any intersection.

(2)

Wall signs placed against, painted on, or attached to the exterior walls of buildings, shall not extend beyond 15 inches of the wall surface. Such signs shall not exceed 40 square feet in area unless made of incombustible materials approved by the city engineer or building inspector.

(3)

No temporary signs shall be attached to a light standard or the supporting pylon of a freestanding sign. Temporary signs placed elsewhere must be expeditiously removed by the responsible party upon termination of allowable time period specified in the permit of this chapter.

(4)

Advertising and business signs shall not face residential districts where the nonresidential property abuts, is across a side street from, or is adjacent to such residential district, excepting where a residential district is immediately across from the front of the property.

(5)

Design characteristics:

a.

Illumination. No sign shall be illuminated by other than electrical means and electrical devices, and wiring shall be installed in accordance with the requirements of the national electrical code. In no case shall any open spark or flame be used for display purposes. The light from any illuminated sign or from any light source, including interior of a building, shall be so shaded, shielded, or directed that the light intensity or brightness shall not adversely affect surrounding or facing residential districts or adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Light shall not shine or reflect on or into residential structures.

b.

Obstructions. No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exitways, window or door openings used as a means of egress or to prevent free passage from one part of a roof to another part thereof or access thereto. Also, no sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation.

c.

Traffic hazard. No sign shall be erected near or at any intersection of any streets in such manner as to obstruct free and clear vision, or at any location where by reason of position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device.

(6)

Maintenance. It shall be the duty of the owner of any sign or awning to maintain the same constantly in a state of good repair and safety. The city engineer or building inspector, in making an inspection of any awning or sign, may order special repair to be made in order that the good appearance and safety of the same may be maintained. The building official may order repairs to be done within a set time and in all cases of repairs ordered, the owner shall submit to the city a certificate of a licensed sign hanger that the designated repairs have been made. In all cases where any sign is imminently or obviously unsafe, the city engineer or building inspector is authorized forthwith to remove such sign as a public nuisance without any demand for the removal of the same upon the owner or any person maintaining such sign. Notification of such removal action shall be made to the owner or responsible party within ten days of the action taken.

a.

No cloth, paper or advertising matter shall be permitted to hang loose from any billboard. It shall be the duty of every person maintaining a billboard to keep and preserve the lot or parcel of land on which such billboard is erected at all times clean, inoffensive, and free and clear of any garbage, refuse, weeds, rubbish, paper or other offensive material of any kind and description, which may be deposited or gather thereon and to keep the same removed at all times for a space equal to 20 feet from any portion of such billboard. Billboards shall be kept in good repair and with displays thereon. No billboards shall be left blank for a period of more than 30 consecutive days. Where no client is found for the least of the available billboard space, the lessor shall provide public service advertising on the billboard.

b.

Any billboard not maintained in accordance with this chapter may be ordered removed by the city engineer or building inspector. Notice of removal shall be sent to the owner of the billboard, if known, and if not known, then by certified mail to the owner of the parcel of property on which the billboard is located as shown by the public records. If no action is taken in reference to removal within 30 days, the council may order the city engineer or building inspector to physically remove the billboard and the costs of such removal shall become a lien against the property on which it is located.

(c)

Sign requirements by type.

(1)

Marquee and fixed awnings.

a.

Projection over street. No marquee or fixed awnings shall hereafter be so erected as to project over public property until a permit shall have first been secured from the building inspector to erect such marquee or fixed awning.

b.

Extending over curb. No marquee or fixed awning shall extend nearer than three feet to the curb line, nor be of greater length than the width of the building.

c.

Minimum height. No marquee or fixed awning shall be, at any point, at a less height than ten feet above the sidewalk.

d.

Support required. Except as hereinafter provided, every such marquee or fixed awning shall be supported by properly designed and properly anchored cantilever beams, extending into the building, or by chains or steel rods properly fastened to its outer side or front and extending from thence at an angle of at least 40 degrees with the horizontal plane, to the wall of the building, and securely anchored to said wall and to the floor or roof construction or the columns or other support below the minimum awning height, except where a permit specifically authorizing such support has been approved by the zoning board of appeals and adjustments.

e.

Signs permitted. Any marquee or fixed awning projecting over public property may have a sign on each or any face thereof, but every such sign shall be built as an integral part of the marquee or fixed awning, except that signs not exceeding six square feet in area and allowing a minimum of eight feet clearance below the sign may be permitted under a marquee.

f.

Height. Marquee signs shall not exceed the height of the architectural facing on which it is mounted.

g.

Length. Marquee signs may extend the full length but in no case shall they project beyond the ends of the marquee.

(2)

Electric signs.

a.

An electric sign, within the meaning of this chapter, shall be any sign the illumination of which, in whole or in part, is accomplished by electric wiring, materials and/or devices installed on, in or in any manner attached to or connected with such sign.

b.

Transformers, tubing and other electrical sign equipment shall be installed and operated so as to not cause radio and television interferences, and interference with communication systems.

c.

No section of any sign hereafter erected or attached against the wall of a building shall prevent access to electrical boxes and fittings.

(3)

Freestanding signs.

a.

Height. Freestanding signs may have a height not to exceed 35 feet.

b.

Obstruction to traffic. No freestanding sign shall be erected so as to obstruct free access to or egress from any building.

c.

Bottom clearance. The bottom capping of all freestanding signs shall be at least 36 inches above the ground for signs 15 feet or less in height. Signs exceeding 15 feet in height must maintain a ten foot bottom clearance.

d.

Construction materials. No freestanding sign shall be constructed of combustible materials except as approved by the city engineer or building inspector following special application.

(4)

Roof signs.

a.

Materials. All roof signs shall be constructed entirely of metal or other approved noncombustible materials except that the city engineer or building inspector may approve acceptable alternate combustible materials, upon special application. Provisions shall be made for electric ground of all metallic parts, and where combustible materials are permitted in letter or other ornamental features, all wiring and tubing shall be kept free and insulated therefrom.

b.

Bottom clearance. There shall be a clear space of not less than six feet between the lowest part of the sign and the roof level except for necessary structural supports.

c.

Roof sign supports. The supporting members of a roof sign shall appear to be free of any extra bracing, angle iron, guy wires, cables, etc. The supports shall reasonably appear to be an architectural and integral part of the building. Supporting columns of round, square or shaped steel members may be erected if required bracing, visible to the public, is minimized or covered.

(d)

Sign standards by zoning districts.

(1)

General. The following sign standards by zoning district shall apply to every existing zoning district and new zoning districts hereafter created unless otherwise expressly provided in such zoning districts. Only signs as described herein shall be permitted in each particular zoning district.

(2)

Signs permitted in all zoning districts. Subject to the other conditions of this chapter, the following signs shall be permitted in any zoning district within the city. Signs in subsections (d)(1)—(6) of this section shall be considered temporary. These signs and those described in subsection (c) of this section shall be allowed to be placed in any required yard.

a.

Construction signs: One nonilluminated temporary sign facing each bordering street, identifying all parties engaged in the construction of a building, provided that the sign shall not exceed 35 square feet in area, does not obstruct the vision in the public way, and is removed within 30 days following occupancy of building under construction.

b.

Real estate signs: One nonilluminated real estate sign not over 16 square feet in surface area advertising the sale, rental, or lease of only the building or premises on which it is located.

c.

Political signs: Political signs shall be permitted on each lot for a period of 60 days prior to and ten days after an election.

d.

Owner-occupant sign: One residential name sign not to exceed one square foot in area, identifying only the name of the owner or occupant of a residential building.

e.

Home occupation sign: One nonilluminated identification sign, not to exceed three square feet in area, for the following permitted uses: Resident professional offices, home occupations and boarding-lodging houses.

f.

Directional and private traffic control signs: Directional and private traffic control signs indicating traffic movement onto a premise, or within a premise, not exceeding three square feet of surface area for each sign, are permitted. No advertising message may be incorporated on such signs.

(3)

Signs permitted in residential districts. Subject to the other conditions of this chapter, the following signs shall be permitted in residential districts.

a.

Subdivision plat signs: Temporary signs advertising a new subdivision plan provided such signs do not exceed 60 square feet in aggregate surface area, identifying only the plat in which they are located, are nonilluminated, and are erected only at dedicated street entrances to the plat. Such signs shall be removed if construction of subdivision improvements is not in progress on the plant within 60 days following the date of the sign erection, or as soon as 80 percent of the lots are developed and sold.

b.

Residential housing development sign: One permanent residential housing development identification sign facing each bordering street shall be permitted for each development of 20 or more units. Such sign shall not exceed 32 square feet. Such signs shall be erected only at the dedicated street entrance, may be indirectly illuminated, and shall not exceed a height of eight feet above grade.

c.

Club, lodge, office signs: One nonilluminated identification sign not to exceed 12 square feet in area for the following uses: clubs, lodges, fraternities, and professional offices where permitted.

d.

Civic, religious organizations, and other permitted nonresidential uses: One illuminated or nonilluminated sign not to exceed 12 square feet in area. Such sign may include the following uses: offices of a civic, religious, or charitable organization, offices devoted to business management, professional services, trade associations, labor unions, insurance companies or agencies, banks, financial institutions, real estate offices, funeral homes, etc.

e.

Public and quasi-public use signs: One illuminated or nonilluminated identification sign or bulletin board not to exceed a total of 12 square feet in area for the following uses: Public schools, parochial schools, colleges, public libraries, museums, social and recreational buildings, parks, playgrounds, hospitals, sanitariums, charitable and religious institutions, churches, cemeteries, and governmental office buildings.

(4)

Signs permitted in C-1A, C-1B, C-2A, C-2B, M-1A, and M-1B districts. Subject to other conditions of this chapter, the following signs shall be permitted in the C-1A, C-1B, C-2A, C-2B, M-1A, and M-1B districts:

a.

Signs as permitted in residence districts (Same as C-1A, C-1B, C-2A, C-2B, and M-1A, M-1B, subsection (d)(3), above).

b.

Business signs. A maximum of three business signs limited to one facing each bordering street. One side of the main building bordering a street, or each business in a series of attached businesses such as a shopping center, shall be allowed 50 square feet of sign for the first 50 linear feet or part thereof bordering on said street or in said center, and an additional 50 square feet of sign for every additional 50 linear feet bordering on said side. Where there is a second side of the main building bordering a second street, a second sign with an additional 50 square feet shall be allowed. Where a building has an entrance opened during regular business hours bordering an alley, an additional 25 square feet of sign shall be allowed on that side of the building.

c.

Shopping center signs. For business complexes of four or more separate stores in the C-2A or C-2B commercial district, one shopping center sign may be erected. Such sign shall be limited to a roof or freestanding sign not to exceed 100 square feet in area. Such requirements shall be applicable to the aggregate face area of a double faced sign.

(5)

Signs permitted in other nonresidential districts. The following signs shall be permitted in nonresidential districts where such uses are otherwise permitted in the district.

a.

Signs as permitted in residence districts. Signs as permitted and regulated for use in any Residential districts.

b.

Business signs. Each main building or business in a series of attached businesses, such as a shopping center, may have three business signs. Two of such business signs shall be limited to ten square feet in area. One business sign may be of any type to a maximum of 100 square feet in area.

c.

Shopping center signs. For business complexes of four or more separate stores, one shopping center sign may be erected. Such sign may be of any type to a maximum of 150 square feet in area.

d.

Advertising signs (billboards). Existing outdoor advertising structures or signs which advertise products of business not connected with the site on which they are located shall not exceed 100 square feet for each 100 feet of frontage of the parcel or parcels on which located. No single billboard shall exceed 300 square feet in area. A double face billboard on the same frame with the post panels not more than 12 inches apart shall be considered as that of one face. No billboard shall be placed so as to interfere with visibility of any existing billboard, from a sight distance of 300 feet or less, from the travel lane of a street or highway. No billboard shall be constructed within 300 feet of school or park property or 100 feet of any public use property. Provided further, that the council may direct the city engineer or building inspector to issue a permit for a billboard at less than 300 feet from a school or park property or 100 feet of a public use property at their discretion when the billboard will not be visible from said property or will not detract from the safety, sightliness or convenience of public use of the property. No freestanding billboard shall be constructed to interfere with clear visibility at an intersection of streets or a railroad and shall in no event be constructed within 50 feet of the intersection of property lines at a street corner. No billboard shall obstruct doors, windows, fire escapes, or light and air to any building. No billboard other than a roof sign, or wall sign, shall exceed 18 feet in overall height above the ground level.

(6)

Signs permitted in planned development. Signs permitted in planned unit development shall be as approved by the planning commission for each development. In no case shall signs in a residential planned development exceed the sign requirements stipulated in subsection (c) of this section, nor signs in a commercial planned unit development exceed the requirements of subsection (d) of this section.

(7)

Signs permitted in M-1A or M-1B districts. No regulations.

(e)

Prohibited signs. The following described signs are hereby declared a nuisance and shall be prohibited in all districts of the city;

(1)

Signs imitating official signs. Signs which imitate an official traffic sign or signal or which contain the words "stop", "go slow", "caution", "danger", "warning", or similar words.

(2)

Confusing signs. Signs which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device; which obstruct the view in any direction at a street or road intersection; or signs graphically designed so as to detract from driver alertness through the use of brilliant colors; "motion" patterns, extensive test or other devices.

(3)

Signs advertising terminated businesses. Business signs which advertise an activity, business, product, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor of the premises is seeking a new tenant, such signs may remain in place for not more than 90 days from the date of vacancy.

(f)

Post of bills, posters, placards or circulars.

(1)

The posting of bills, posters, placards, and circulars on any public right-of-way or public property is prohibited. Advertising signs and devices or displays are prohibited on public property or within public right-of-way except such signs or bills as may be placed by city employees for a traffic control, parking, directional, or civic purposes and except such signs or bills as may be specifically authorized by the council to be placed by person or grouped for civic or quasi-civic promotions.

(2)

No bills, posters, or signs are to be posted on private property, fences, trees, walls, rocks, structures, or similar appurtenances without permission of the owner and conformity to provisions of the City Code.

(3)

Political posters and campaign signs are prohibited on public property and public right-of-way.

(4)

Any sign, poster, or advertising placed on public property or on public street right-of-way in violation of provisions of the City Code may be summarily removed by the city, its employees or agents without notice.

(g)

Nonconforming signs or awnings.

(1)

Nonconforming signs may be removed. The city engineer or building inspector may order the removal of signs or awnings which do not comply with the requirements of this chapter, provided the same have not been erected in conformity with permits issued by the city after the effective date of this chapter. All awnings must be brought up to the standards of this chapter within six months after date of notification to comply with these standards has been given the owner or lessee of such awnings.

(2)

Other signs, marquees, and awnings. Other signs, marquees, and awnings existing at the time of the enactment of this chapter and not conforming to its provisions, but which did conform to previous laws or City Code provisions shall be regarded as nonconforming uses which may be contained if properly repaired and maintained as provided in this chapter.

(3)

Signs, marquees, or awnings which are nuisances as defined herein, unsafe, structurally altered, relocated, or replaced shall comply immediately with all provisions of this chapter or shall be ordered removed by the city engineer or building inspector.

(4)

Nothing in this chapter shall prevent the council from granting temporary permits for lights, banners, signs, or decorations relating to civic or community celebrations, subject to such conditions as the council may see fit to impose.

(5)

Any permit, right or privilege to extend any sign, marquee or awning into or over the public right-of-way under the provisions of this chapter, or by amendment thereto, are mere licenses revokable at any time by the council.

(h)

Permit issuance fee.

(1)

No permanent sign, marquee, or nonresidential awning shall be erected in the city until a permit to do so has been issued by the city (signs stipulated in subsection (b) of this section shall be exempt from this requirement). No permit shall be granted until the necessary fee has been paid and until the city has made a preliminary inspection of the sign before hanging and has ascertained that the sign and method of hanging comply with all requirements of this chapter. The Inspector may require that detailed plans and specifications be submitted with the application if necessary in his judgment. Following permit issuance and sign erection, the city shall make a final inspection of said sign, and if it complies in every respect with the minimum standards set forth in this chapter, shall endorse on the permit his certificate of approval.

(2)

The fees for erection permits required above shall be paid to the city, and shall be assessed on the basis of the surface area of the sign as determined by the city. Such fee shall be $.10 per square foot subject to a minimum fee of $1.00 and maximum fee of $30.00.

(Ord. No. 9.26)