The purpose of this article is to create the legal framework to administer and enforce outdoor sign and awning regulations within the city. This article recognizes the need to protect the safety and welfare of the public, and the need for well-maintained and attractive sign displays within the community and adequate business identification, advertising and communication. This article authorizes the use of signs visible from the public right-of-way, provided the signs are:

(1)

Compatible with zoning regulations.

(2)

Designed, constructed, installed and maintained in such a manner that they do not endanger public safety or traffic safety.

(3)

Legible, readable and visible in the circumstances in which they are used.

(4)

Respectful of the reasonable rights of other advertisers whose messages are displayed.

(Ord. No. 566-12, § 1, 2-13-2012)

For the purpose of this article, certain words and phrases are hereby defined:

Abandoned sign means a sign which no longer correctly directs or exhorts any person or advertises a bona fide business, lessor, owner, product, activity conducted or available.

Animated, moving, or revolving sign means any sign that uses moving components, or change of lighting or lights, either natural or artificial, to depict action or motion, or to create a special effect or scene, or to convey a message. This term does not include changing signs, which are separately defined.

Area of copy means the entire area within a single continuous perimeter composed of squares or rectangles which encloses the extreme limits of the advertising message, announcement or decoration of a wall sign.

Area of sign means the area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame that 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 shall be totaled. Any irregular shaped sign area shall be computed using the actual sign face surface. In the case of wall signs, the area of copy will be used.

Awning means a retractable, roof-like cover, temporary in nature, which projects from the wall of a building and is intended to provide shade and shelter from the weather. An awning may have an on-premises sign as part of the fabric, which shall be considered either a projecting or wall sign.

Back-to-back means two or more signs facing in opposite directions, which are physically contiguous and share a common structure in whole or in part.

Building facade means that portion of an exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation. Parallel portions of a building facing the same direction shall be considered one building facade.

Business identification sign means any sign which promotes the name and type of business only on the premises where it is located.

Canopy and marquee mean a roof-like structure projecting from a wall and erected to provide shelter from the weather and/or architectural enhancement.

Changing sign (automatic) means a sign such as an electronic or an electric-controlled time and temperature sign, message center or reader board, where different copy changes.

Directional off-premises sign means signs which provide direction or instruction to a location not on the property upon which the sign is located.

Directional sign means a sign which provides direction or instruction, located entirely on the property to which it pertains, and which does not in any way advertise a business.

Electric sign means any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

Face means the panel surface of a sign that carries the advertising message.

FAP (federal aid primary) highway means that portion of a state or county highway which extends into or through the city and is designated as a FAP highway according to maps on file in the offices of the street superintendent and state department of transportation.

Flashing sign means a sign where the illumination is not kept constant in intensity at all times when in use and/or which exhibits changes in light, color, direction, animation and word/text changes. Any message that remains visible for less than four seconds shall be considered flashing. This term does not include changing signs, which are separately defined.

Frontage means the length of the property line of any premises parallel to and along each public right-of-way it borders. Such public right-of-way may be known as a frontage street. All signs, the areas of which are calculated on the basis of the dimension of a street frontage, shall be placed and oriented for primary reading from such street.

Ground sign means a sign erected on a freestanding frame, mast or pole, or more than one such mast or pole, not attached to any building; the area of double-faced ground signs shall be calculated on one face only, which shall be the largest face.

Height of sign means the vertical distance measured from the grade at the street right-of-way line where the sign is located to the highest point of such sign, including its structure.

Illuminated sign means a sign in which an artificial source of light is used in connection with the display of such sign.

Institutional sign means one sign or bulletin board per street front, setting forth or denoting the name of a public, charitable or religious institution when located on the premises of such institution, provided such sign or bulletin board shall not exceed 24 square feet in area.

Marquee. See Canopy.

Off-premises sign means a sign which advertises goods, products, facilities or services not necessarily on the premises where the sign is located or directs persons to a different location from where the sign is located; also called a billboard.

On-premises sign means any sign identifying or advertising a business, person, activity, goods, products or services located on-premises where the sign is installed and maintained.

Portable sign means any sign not permanently attached to the ground or a structure or designed to be transported, including, but not limited to, signs with wheels removed; with chassis or support constructed without wheels; designed to be transported by trailer or wheels; converted to an A- or T-frame sign; attached temporarily or permanently to the ground, structure or other signs; mounted on a vehicle for advertising purposes, parked and visible from the public right-of-way, except signs identifying the related business when the vehicle is being used in the normal day-to-day operations of that business; menu and sandwich boards; searchlight stands; and hot air or gas filled balloons or umbrellas used for advertising.

Projecting sign means a sign, normally double-faced, which projects at a lateral angle of 15 degrees or more in relation to the facade of a building and may be attached to a structure, building facade, canopy or marquee. The area of projecting signs is calculated on one face only, which shall be the largest face.

Reflective sign means a sign containing a material designed to reflect light directed to it for the purpose of nighttime visibility without self-illumination.

Roof sign means a sign erected upon a roof or above a parapet wall of a building and which is wholly or partially supported by the building.

Sandwich sign means a moveable or portable sign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an A, used to promote goods or services provided by the business occupying the site for which the sign serves. Also known as a sidewalk sign or menu sign.

Shopping center means a group of architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit and with a minimum lot size of 40,000 square feet.

Sign means any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including permanently installed or situated merchandise; or any emblem, painting, banner, placard or temporary sign designed to advertise, identify or convey information with the exception of window displays, pennants and flags. For the purpose of removal, signs shall also include all sign structures and restoration to original condition.

Sign structure means any structure or material which supports, has supported or is capable of supporting or helping maintain a sign in stationary position, including decorative covers.

Swinging sign means a sign suspended from an arm, mast or spar, with no other side of the sign permanently fastened to an adjacent wall or upright pole.

V-type sign means two signs in the shape of the letter "V" when viewed from above, with their faces oriented in different directions, physically contiguous and sharing a common structure, in whole or in part, and located not more than 15 feet apart at their widest points. A V-type sign constitutes one sign.

Wall sign means a sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building and which projects not more than 18 inches from the building and does not extend above the building roofline.

Window sign means a sign installed inside a window for purposes of viewing from outside the premises.

(Ord. No. 566-12, § 1, 2-13-2012)

Cross reference— Definitions generally, § 1-2.

The city building inspector shall enforce the provisions of this article. The building inspector shall examine all applications for permits for the erection of signs, issue permits and denials, authorize the continued use of signs which conform to the requirements of this Code, record and file all applications for permits with any accompanying plans and documents, make inspections of signs in the city and make such reports as the city may require.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Permit required; exceptions; expiration. Except as otherwise provided in this article, no person shall erect, construct, enlarge or structurally modify any sign or awning in the city or cause the same to be done without first obtaining a permit for each such sign or awning from the building inspector as required by this article. Permits shall not be required for a change of copy on any sign or for the repainting, cleaning and other normal maintenance or repair of signs, sign structures or awnings. Permits shall become null and void if installation is not completed within one year from the date issued.

(b)

Application. Application for a permit shall be filed with the building inspector upon forms provided by the inspector and shall contain or have attached thereto the following information:

(1)

The name, address and telephone number of the owner, the property owner where a sign is or will be located and the contractor.

(2)

Clear and legible drawings with a general description and nominal dimensions of the proposed sign or awning, the construction size and dimensions, and kind of materials to be used in such structure. The site plan shall show, in a general manner, the buildings on the premises upon which the structure is to be erected and maintained together with location, size, and types of existing signs, canopies and awnings on the premises where the proposed sign or awning is to be located.

(3)

If required by the building inspector, calculations showing that the structure and design meet the requirements of this article for wind pressure load, and such other information as the inspector may require to show full compliance with this article and all applicable ordinances or regulations.

(4)

Signature of the applicant.

(c)

Fee. Applications for permit shall be filed with the building inspector together with a permit fee for each sign or awning. The fee for a permit, exclusive of any other required permit, shall be $3.00.

(d)

Issuance or denial. The building inspector shall issue a permit for the erection, structural alteration, enlargement or relocation of a sign or awning within the city when the permit application is properly made, all appropriate fees have been paid and the sign or awning complies with the appropriate ordinances of the city. If the permit is denied by the building inspector, he shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for the denial.

(Ord. No. 566-12, § 1, 2-13-2012)

Appeals from the decision of the building inspector may be made to the zoning board of appeals under article VI, division 2, of this chapter.

(Ord. No. 566-12, § 1, 2-13-2012)

All persons engaged in the business of installing or maintaining signs which involves, in whole or in part, the erection, alteration, relocation or maintenance of a sign or other sign work in, over or immediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way or property is used or encroached upon by the sign contractor, shall agree to hold harmless and indemnify the city, its officers, agents and employees from any and all claims resulting from the erection, alteration, relocation, maintenance of any sign or any sign work insofar as this article has not specifically directed the placement of the sign.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

No person shall fail to comply with the provisions of this article.

(b)

Any sign or awning erected, altered, moved or structurally modified without a permit or altered with a permit but in violation of the provisions of this article shall be removed at the owner's expense or brought into compliance within 30 days of written notification by the building inspector. If the violation is failure to obtain a permit, a permit shall be obtained at double the permit fee. If the owner does not remove the sign or bring the sign into compliance, the building inspector may order removal, the expenses of which will be assessed to the tax roll of the property on which the noncomplying sign is located.

This section shall not preclude the city from maintaining any appropriate action to prevent or remove a violation of this article.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

These general requirements shall apply in all zoning districts, however where additional requirements are detailed in this division, the more restrictive shall apply.

(b)

Any ground sign or projecting sign within 25 feet of a street intersection or 15 feet of a driveway, measured from the point of intersection with a right-of-way, or within 15 feet of the right-of-way, shall maintain a minimum of ten feet between the bottom of the sign and the grade at the right-of-way line or such sign shall be not more than three feet in height.

(c)

All other projecting signs and canopies shall maintain a minimum vertical distance between the bottom of the sign and the grade at the right-of-way line of eight feet.

(d)

Projecting signs may extend not further than six feet from the building to which they are attached.

(e)

No sign or sign structure shall be located in the right-of-way. No sign or sign structure shall extend into the public right-of-way, except in the B-1 district, where no sign or sign structure shall extend closer than two feet from the vertical plane of the street curb, or if no curb exists, no more than six feet beyond the vertical plane of the official map right-of-way line.

(f)

Floodlighted signs. The light source of reflection illuminated signs must be positioned so that no more than 25 percent of its light intensity is visible from a public right-of-way by vehicular traffic. Reflection illuminated signs whose light source is visible from residential property are prohibited.

(g)

A roof sign may not extend more than ten feet above the highest point of the roof on which it is installed, or the height limit for ground signs, whichever is less.

(h)

The gross area of permanent window signs shall not exceed 25 percent of the gross window area of any given building fascia.

(i)

Any sign location accessible to vehicles shall have a minimum vertical clearance of 16 feet.

(j)

No sign facing a residential district shall be closer than 25 feet to that district line.

(k)

No advertising device of any type shall be in any way attached to any utility, sign or other municipal poles or structures located in the public right-of-way.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

After enactment of this article, the building inspector shall, as soon as practical, survey the city for signs which do not conform to the requirements of this article. Upon determination that a sign is nonconforming, the building inspector shall use reasonable efforts to so notify, either personally or in writing, the user or owner of the property on which the sign is located of the following:

(1)

The reason for the sign's nonconformity.

(2)

The procedure for appeal of the status of a sign.

(b)

Any sign located within the city limits on the date of adoption of this article, or located in an area annexed to the city hereafter, which does not conform with the provisions of this article is eligible for characterization as a legal nonconforming sign and is permitted, providing it also meets the following requirements:

(1)

The sign was covered by a sign permit or variance immediately prior to the date of adoption of this article, if one was required under applicable law.

(2)

If no permit was required under applicable law for the sign in question and the sign was in all respects in compliance with applicable law immediately prior to the date of adoption of this article.

(c)

Any sign that has lost its legal nonconforming sign status shall be deemed to be a nonconforming use or structure and the provisions of article V, division 3 of this chapter shall apply.

(d)

Nothing in this section shall relieve the owner of the property in which the sign is located from the provisions of this article regarding safety, maintenance and repair of signs.

(Ord. No. 566-12, § 1, 2-13-2012)

The following signs shall be prohibited within the city:

(1)

Abandoned signs.

(2)

Flashing signs.

(3)

Parking of advertising vehicles is prohibited. No person shall park any vehicle on a public right-of-way or public property, or on private properties so as to be seen from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premises, for more than 30 days annually. This section shall not prohibit "For Sale" signs on vehicles for sale provided the vehicle is not parked on a public right-of-way.

(4)

Roof signs.

(5)

Swinging signs.

(6)

Unclassified signs. The following signs are prohibited:

a.

Signs which bear or contain statements, words or pictures of obscene, pornographic or immoral subjects.

b.

Signs which are an imitation of or resemble in shape, size, copy or color an official traffic sign or signal.

(7)

Signs that are a threat to health, safety or public welfare.

(Ord. No. 566-12, § 1, 2-13-2012)

Signs not requiring a permit are as follows:

(1)

Construction signs. One construction sign per construction site in a residential district not to exceed six square feet, and two construction signs per construction site in all other districts not to exceed 100 square feet in area; each shall be confined to the site of construction and shall be removed 30 days after completion of construction or prior to occupancy, whenever is sooner.

(2)

Directional and instructional nonelectric signs which provide instruction or direction and are located entirely on a property to which they pertain and do not exceed eight square feet each in area and do not in any way advertise a business. This includes, but is not limited to, such signs as those identifying restrooms, telephones, parking areas, entrances and exits.

(3)

Nonilluminated emblems or insignia of any nation or political subdivision, or profit or nonprofit organization, not to exceed 32 square feet.

(4)

Government signs. Government signs for control of traffic and other regulatory purposes, danger signs, railroad crossing signs and signs of public utilities indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his duty.

(5)

House numbers and nameplates. House numbers and nameplates not exceeding two square feet in area for each residential dwelling unit or commercial or industrial building.

(6)

Interior signs. Signs located within the interior of any building or structure which are not visible from the public right-of-way. This does not, however, exempt such signs from the structural, electrical or material specifications of this article.

(7)

Memorial signs and plaques. Memorial signs or tablets, names of buildings and date of erection, which are cut into masonry surfaces or inlaid so as to be part of a building or when constructed of bronze or other noncombustible material not more than four square feet in area.

(8)

No trespassing or no dumping signs. No trespassing and no dumping signs not to exceed 1½ square feet in area per sign.

(9)

Public notices. Official notices posted by public officers or employers in the performance of their duties.

(10)

Public signs. Signs required as specifically authorized for a public purpose by any law, statute or ordinance.

(11)

Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on election ballots, provided that such signs are subject to the following regulations:

a.

Such signs may be erected not earlier than 45 days prior to the primary election and shall be removed within five days following the general election.

b.

Each sign, except billboards, shall not exceed eight square feet in residential zoning districts and 16 square feet in all other districts.

(12)

Real estate signs. One real estate sales sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies and is not directly illuminated.

a.

In residential districts, such signs shall not exceed six square feet in area and shall be removed within 30 days after the sale, rental or lease has been accomplished.

b.

In all other districts such signs shall not exceed 32 square feet in area and shall be removed within 30 days after the sale, rental or lease has been accomplished.

(13)

Temporary window signs. In business, commercial and industrial districts the inside surface of any ground floor window may be used for attachment of temporary signs not to exceed a period of 30 days, nor a total display time of more than six months in a calendar year. The total area of both temporary and permanent window signs shall not exceed 50 percent of the gross window area of any building fascia (refer to subsection 94-378(h)). However, coverage on an individual window, door window or other window needed to be clear for pedestrian safety shall not exceed 50 percent of the individual window surface.

(14)

On-premises symbols or insignia. Religious symbols, commemorative plaques of recognized historic agencies or identification emblems of religious orders or historic agencies not to exceed 32 square feet.

(15)

On-premises temporary signs. Temporary signs not exceeding four square feet in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided such signs are posted not more than 45 days before such event and removed within five days after the event.

(16)

Vehicular signs. Truck, bus, trailer or other vehicle, while operating in the normal course of business, which is not primarily the display of signs.

(17)

Neighborhood identification signs. In any zone, a sign, masonry wall, landscaping or other similar material and feature may be combined to form a display for neighborhood or subdivision identification provided that the legend of such sign or display shall consist only of the neighborhood or subdivision name, not to exceed 32 square feet.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

All signs shall comply with the provisions of the city building code and the National Electrical Code, 2011 edition, as amended, and the additional construction standards in this section.

(b)

All ground and roof sign structures shall be self-supporting structures and permanently attached to sufficient foundations.

(c)

Electric service to ground signs shall be concealed wherever possible.

(d)

All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads as follows, with correct engineering adjustments for the height of the sign above grade:

(1)

For solid signs, 30 pounds per square foot on the largest face of the sign and structure.

(2)

For skeleton signs, 30 pounds per square foot of total face cover of the letters and other sign surfaces or ten pounds per square foot of the gross area of the sign as determined by the overall dimensions of the sign, whichever is greater.

(e)

No sign shall be suspended by chains or other devices that will allow the sign to swing due to wind action. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections.

(f)

Supports and braces shall be an integral part of the sign design and shall be hidden from public view to the extent technically feasible.

(g)

All signs shall be marked with the manufacturer's name in a size which is easily visible from the ground. All electric signs shall also include, for incandescent lamp signs, the input amperes at full load and the input voltage.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Generally. All signs shall be installed and maintained in a workman-like manner using equipment which is adequate and safe for the task. The city council recognizes that one of the greatest perils to public safety is improper performance of sign contractors in the use of inadequate equipment. As such, the building inspector may deny a sign permit if the sign contractor does not have or does not arrange for use of adequate equipment. The building inspector may also cite the sign contractor for a violation of this article if he fails to use proper equipment in the maintenance of signs.

(b)

Electric signs. This article recognizes that electric signs are controlled under the special equipment provisions of the National Electrical Code (article 600) and the city electrical code. It also recognizes that electric sign contractors have developed a specialized trade of high voltage discharge electric sign installation and maintenance to properly install and service high voltage electric signs. Electric sign contractors and their employees are herein authorized to perform the following specific tasks:

(1)

Install exterior electric signs, ballasts or high voltage transformers to sockets or outline lighting tubes, and may connect the signs to primary branch circuits, if such circuits already exist outside of the building.

(2)

Install interior electric signs, but may not connect such signs to the primary branch circuit.

(3)

Maintain and replace any electric component within the sign, on its surface or between the sign and building for exterior signs only. An electric sign contractor or its employees shall not perform work on electric signs in contradiction to the National Electrical Code or the city electrical code.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Maintenance and repair.

(1)

Every sign, including, but not limited to, those signs for which permits are required, shall be maintained in a safe, presentable and good structural condition at all times, including replacement of defective parts, painting, except when a weathered or natural surface is intended, repainting, cleaning and other acts required for the maintenance of such sign.

(2)

The building inspector shall require compliance with all standards of this article. If the sign is not maintained to comply with safety standards in this article, the building inspector shall require its removal in accordance with this article.

(b)

Abandoned signs.

(1)

Except as otherwise provided in this article, all signs and sign messages shall be removed by the owner or lessee of the premises upon which an on-premises sign is located when the business it advertised is no longer conducted there. If the owner or lessee fails to remove the sign, the building inspector shall give the owner 60 days written notice to remove the sign and, upon the owner's or lessee's failure to comply, may remove such sign, any costs for which shall be charged to the owner of the property, assessed as a special assessment against the property, or the building inspector may take any other appropriate legal action necessary to attain compliance.

(2)

Upon receipt of a written request from the owner of record of the real property involved, his heirs or agent, the building inspector may grant, after review and approval by the plan commission, a written ten-month extension of time within which on-premises signs meeting all of the following conditions are to be removed:

a.

Such signs conform to the provisions of this article.

b.

Permits have been issued for such signs.

c.

Such signs are in good physical repair.

d.

Such signs are located upon vacant premises within or upon which a use can be reestablished in accordance with this Code, similar to the former use.

e.

Such signs are so constructed as to readily permit their reuse by means of replacing message copy or lettered faces.

(Ord. No. 566-12, § 1, 2-13-2012)

(a)

Subdivision development signs. The building inspector may issue a special permit for a temporary sign in any zone in connection with the marketing of lots or structures in a subdivision, subject to the following restrictions:

(1)

Such permit may be issued for a period of not more than one year and may be renewed for additional periods of up to one year and upon written application at least 30 days prior to its expiration.

(2)

"Signs" as used in this section refers to all types of signs except those excepted or prohibited by this section.

(3)

The sign shall be located on the property being developed and comply with all applicable building setback requirements.

(4)

The sign may not exceed 80 square feet.

(5)

One sign is allowed for each major street adjacent to the subdivision.

(b)

Banners and other promotional devices.

(1)

Generally. Banners, pennants, searchlights or balloons shall not be used on a permanent basis. They may be permitted as a special promotion in a commercial or industrial zone for a total period not to exceed 30 days per calendar year and will be allowed in residential zones in conjunction with an open house or model home demonstration conducted by a real estate broker for up to ten days.

(2)

Over-the-street banners. Unlighted special event banners not exceeding 150 square feet in area are permissible over a street carriageway by special permit from the building inspector after presentation of proof of insurance along with installation specifications.

(c)

Murals. The building inspector, upon completion of a review by the plan commission, may issue a special permit for the display of a mural. The special permit may not be used until the following conditions have been complied with:

(1)

Only one outside wall, facade or surface of a building may be used for a mural.

(2)

A wall, façade, or surface that is used for a mural may be used for any purpose relating to signage for the business or businesses located in the building, with a limit of no more than five percent of the overall area of the mural.

(3)

The permit application shall be accompanied by a finished drawing prepared to scale of the outside wall, facade or surface the applicant proposes to use for such mural and of the mural the applicant proposes to place on such outside wall, facade or surface. The mural shall be colored on the drawing with the colors the applicant proposes to use for the mural and shall be of sufficient detail to allow for a visualization of the actual appearance of the mural. The permit application shall include a statement as to the type of lighting, if any, that will be used to illuminate the mural during hours of darkness.

(4)

The owner of record of the building or structure on which the proposed mural is to be placed shall, in writing, consent to the placing of the mural on the property and shall agree to restore the wall, facade or surface upon which the mural is placed to its prior existing condition if and at such time the mural is not maintained by the applicant. The permit shall include a statement detailing the applicant's plans for the maintenance of the mural.

(5)

The building or structure shall be located within the boundaries of the central business district, as determined by and shown in the central business district improvement program for the city.

(d)

Shopping centers. All shopping centers in the B-2 and B-3 districts shall be subject to the following signage requirements:

(1)

Signs not requiring a permit.

(2)

Signs for permitted, conditional and nonconforming uses:

a.

Tenants. Wall and window signs shall be permitted if placed on a shared wall in lieu of individual wall signs. The total area of all signs may not exceed six square feet per lineal foot of building frontage per tenant.

b.

Shopping center. Wall and ground signs shall be permitted for identification of the shopping center. The total area of all signs shall not exceed one square foot per lineal foot of lot frontage up to a maximum of 200 square feet.

c.

Height restrictions. Ground signs may not exceed the maximum height allowed in the zoning district in which the shopping center is located.

d.

Setbacks. All ground signs shall be completely outside of the right-of-way.

(e)

Portable signs. Portable signs (other than sandwich signs) shall be permitted for advertising purposes in the B-2 community business district, the B-3 highway business district and the WFD waterfront district provided that:

(1)

The sign will not be located in any public right-of-way.

(2)

The portable sign will not be located closer than ten feet to an adjacent property.

(3)

The portable sign shall not exceed 32 square feet.

(4)

The sign shall have no more than two sides, it shall be neat in appearance, constructed of finished all-weather materials, and well maintained.

(5)

The portable sign may be illuminated during business hours only and shall have no flashing lights.

(6)

The portable sign will not cause a hazard to vehicular or pedestrian traffic.

(7)

The permit required in section 94-374 shall be required for portable signs.

(8)

No more than one sign per property shall be permitted.

(9)

The portable sign shall be used only to promote goods or services provided by the business occupying the site for which the sign serves.

(f)

Sandwich signs. Sandwich signs shall be allowed in the B-1 local business district, B-2 community business district, B-3 highway business district and WFD waterfront district. Such signs shall be permitted within the sidewalk/grass strip of a public right-of-way only if property conditions do not allow a sandwich sign to be located on private property in front of the business for which the sign serves. Such signs shall require a permit (no fee) from the building inspector and are subject to the following:

(1)

One sign per property is allowed, for display during business hours. For a corner lot, one sign per street frontage is allowed, not to exceed a maximum of two signs per property. Signs shall be stored within the interior of the building at the close of business each day.

(2)

The sign/supporting structure's overall dimensions shall not exceed 30 inches wide by 42 inches high. Height shall be measured from the sidewalk to the top of the structure when the sign is in place.

(3)

No supplemental sign, notice, flag, balloon or other decoration shall be attached to the sandwich sign.

(4)

In the B-2 community business district, the sign may be placed on the sidewalk fronting the place of business directly adjacent to the property line or building facade or between the sidewalk and curb fronting the place of business and shall be located no further than 20 feet from the main entrance to the business it advertises.

(5)

No sandwich sign shall be placed within ten linear feet of another sandwich sign, measured from the base of each sign.

(6)

The sign must be weighted so that it is stable and windproof.

(7)

A five-foot clearance shall be provided to allow unobstructed use of the sidewalk. The sign shall not hinder the ability of persons to exit/enter vehicles parked along the curb and/or hinder exit/entry to a building. The sign shall not obstruct drivers' sight lines at intersections.

(8)

No sign shall have moving parts or illumination.

(9)

The sign shall have no more than two sides, it shall be neat in appearance, constructed of finished all-weather materials, and well maintained.

(10)

The sign must be freestanding and shall not be affixed, chained, secured, tethered or otherwise secured to traffic devices or poles, utility equipment, street trees, street furniture, fire hydrants, street lights or any other public fixture.

(11)

Sandwich signs shall not be placed in such a way as to interfere with snow plowing of the streets. The area around the sandwich sign shall be free of snow and ice and shall be placed on the ground at all times. Sandwich signs shall not be placed on snow banks. Businesses that utilize sandwich signs will hold the city harmless from damage to the signs due to snow removal.

(12)

As part of the application for a sandwich sign permit, the permittee shall agree to indemnify and hold harmless the city, its officers, and employees, from any loss, liability, or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use, or maintenance of a sign permitted under this section subsection 94-385(f).

(g)

Animated, moving or revolving signs. All animated, moving, or revolving signs are subject to the following requirements:

(1)

Animated, moving or revolving signs are permitted to contain individual letters and graphics only. Individual graphics may display the illusion of motion such as snowflakes falling, clouds moving or flags waving; however, full or multiple-object animation such as video is prohibited.

(2)

Animated, moving or revolving signs must revolve around a vertical axis at speeds less than seven revolutions per minute. Any signs that revolve faster than seven revolutions per minute are prohibited.

(3)

Any individual letters, graphic scrolling, or otherwise displayed on an animated, moving or revolving sign shall remain illuminated and visible for a minimum of four seconds. Any message that remains visible for less than four seconds shall be considered to be flashing and is prohibited.

(4)

A three-second blank screen between images on an animated sign shall be required.

(5)

The message area of an animated, moving or revolving sign may be illuminated by incandescent lamps, LED (light-emitting diodes) or magnetic discs. Bare-bulb fluorescent, running, blinking, flashing or other bare-bulb signs are prohibited.

(6)

Regardless of the light source used to illuminate the sign, the light shall not be unduly bright. To ensure illumination will not be unduly bright, the sign shall have an automatic phased proportional dimmer which shall be used to reduce nighttime brightness levels compared to daytime brightness levels.

(7)

All animated, moving or revolving signs may also be subjected to additional state, county or federal regulations when located near a roadway. The applicant is solely responsible for obtaining all other required permits.

(8)

All animated, moving or revolving signs shall be stationary between the hours of 11:00 p.m. and 6:00 a.m.

(9)

No animated, moving or revolving signs shall be located within 25 feet of a residential district.

(h)

Ballfield signs. All commercial and non-commercial ballfield signs are subject to the following requirements:

(1)

Ballfield signs are allowed on the outfield fences between 1 ^st and 3 ^rd bases of city owned ballfields during the baseball season.

(2)

Ballfield signs must face the infield, may not exceed the dimensions of the fence, and not obstruct the view from street level.

(3)

Ballfield signs shall be made of vinyl, cloth or similar material and not be illuminated, flashy, or electronic.

(4)

Ballfield signs shall be firmly but temporarily secured with tie straps and kept in good repair and appearance and then removed at the end of each season.

(5)

The city may establish such procedures from time to time as it sees fit to administer this section.

(Ord. No. 566-12, § 1, 2-13-2012; Ord. No. 578-17, § 2, 5-8-2017; Ord. No. 651-2024, § 3, 7-15-2024)

Signs permitted in specific zoning districts are as follows:

(1)

Signs permitted in residential districts (R-1, R-2, R-3 and R-4). Signs not requiring a permit and on-premises home occupation use and professional office use signs.

a.

Permitted signs. One non-illuminated wall sign per dwelling unit. The sign and illuminating device shall be located entirely within a foot of the wall facing the front yard.

b.

Area restrictions. Signs shall not exceed two square feet per dwelling unit.

(2)

Signs permitted in lowland conservancy district (C-1).

a.

Signs not requiring a permit.

(3)

Signs permitted in park district (P-1).

a.

On-premises signs not requiring a permit.

b.

On-premises business identification signs for permitted, conditional and nonconforming uses. Requirements of the local business district (B-1) shall apply.

(4)

Signs permitted in agricultural district (A-1).

a.

Signs not requiring a permit.

b.

On-premises business identification signs for permitted, conditional and nonconforming uses.

1.

Permitted signs. One wall sign per frontage road and one ground sign per frontage road if all buildings are set back at least 25 feet from the right-of-way line.

2.

Area restrictions. Total area of all signs shall not exceed one square foot per lineal foot of building facade, with ground signs limited to 24 square feet per sign.

3.

Height restrictions. Ground signs shall not exceed a height of 15 feet.

4.

Setbacks. All ground signs shall be at least 25 feet from side and rear lot lines and completely outside of the public right-of-way.

c.

Agricultural signs pertaining to the products of the agricultural premises not to exceed 32 square feet in area for any one farm. Height of this respective sign shall not exceed eight feet. Two such signs shall be permitted per farm. The sign shall be limited to the name of the premises, the producer and the product being sold or produced.

(5)

Signs permitted in local business district (B-1). Signs not requiring a permit and on-premises signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. Wall signs, two window signs, one projecting sign or one ground sign.

b.

Area restrictions. Projecting and ground signs shall not exceed 100 square feet per sign and total area of all signs shall not exceed two square feet per lineal foot of lot frontage to a maximum of 300 square feet. Wall signs may not project more than six inches from the attached surface. Window signs shall not occupy more than 25 percent of the window surface.

c.

Height restrictions. Ground signs and projecting signs may not exceed 15 feet in height. Wall signs may not extend above the roofline.

d.

Spacing. Projecting signs may be spaced no closer than 25 feet apart.

e.

Setbacks. Ground signs shall be set back at least ten feet from side lot lines and at least 25 feet from rear lot lines and completely outside the public right-of-way. No sign shall project into the public right-of-way.

(6)

Signs permitted in community business district (B-2). Signs not requiring a permit and on-premises signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. Awnings, wall, window, marquee, canopy, ground and projecting and portable signs.

b.

Area restrictions. The total area of all on-premises signs may not exceed six square feet per lineal foot of lot frontage excluding directional signs up to a maximum of 300 square feet.

c.

Height restrictions. Ground and projecting signs may not exceed 30 feet in height.

d.

Spacing. Projecting signs may be spaced no closer than 25 feet apart.

e.

Setbacks. Ground signs shall be set back at least ten feet from side lot lines and at least 25 feet from rear lot lines and completely outside the public right-of-way. No sign shall project into the public right-of-way.

(7)

Signs permitted in highway business district (B-3).

a.

Signs not requiring a permit.

b.

On-premises business identification signs for permitted, conditional and nonconforming uses.

1.

Permitted signs. Awnings, wall, window, marquee, canopy, ground and projecting and portable signs.

2.

Area restrictions. The total area of all on-premises signs shall not exceed two square feet per lineal foot of lot frontage, excluding directional signs up to a maximum of 400 square feet.

3.

Height restrictions. Ground and projecting signs shall not exceed 35 feet in height.

4.

Spacing. Ground and projecting signs shall be spaced no closer than 50 feet apart.

5.

Setbacks. Ground signs shall be at least 40 feet from side and rear lot lines and completely outside of the public right-of-way.

(8)

Signs permitted in light industrial and heavy industrial district (I-2).

a.

Signs not requiring a permit.

b.

On-premises business identification signs for permitted, conditional and nonconforming uses.

1.

Permitted signs. Wall, window, marquee, canopy, ground and projecting signs.

2.

Area restrictions. The total area of all on-premises signs shall not exceed two square feet per lineal foot of lot frontage excluding directional signs up to a maximum of 600 square feet.

3.

Height restriction. Ground and projecting signs may not exceed 35 feet in height.

4.

Spacing. Ground and projecting signs may be spaced no closer than 50 feet apart.

5.

Setbacks. Ground signs shall be at least 30 feet from side and rear lot lines and completely outside of the public right-of-way.

(9)

Signs permitted in industrial park district (I-3). Signs not requiring a permit and on-premises signs for permitted, conditional and nonconforming uses.

a.

Permitted signs. On-premises wall and ground signs.

b.

Area restrictions. The total area of all on-premises signs may not exceed two square feet per lineal foot of lot frontage excluding directional signs up to a maximum of 600 square feet.

c.

Height restrictions. Ground signs may not exceed 35 feet in height.

d.

Setbacks. Ground signs shall be at least 25 feet from side and rear lot lines and completely outside of the public right-of-way.

(10)

Signs permitted in waterfront district (WFD).

a.

Signs not requiring a permit.

b.

Signs for permitted, conditional and nonconforming uses.

1.

Permitted signs. Awnings, wall, window, marquee, canopy, ground, projecting and portable signs.

2.

Area restrictions. The total area of all on-premises signs may not exceed six square feet per lineal foot of lot frontage excluding directional signs up to a maximum of 300 square feet.

3.

Height restrictions. Ground and projecting signs may not exceed 30 feet in height.

4.

Spacing. Projecting signs may be spaced no closer than 25 feet apart.

5.

Setbacks. Ground signs shall be set back at least ten feet from side lot lines and at least 25 feet from rear lot lines and completely outside the public right-of-way. No sign shall project into the public right-of-way.

c.

To encourage a waterfront environment that is compatible with the waterfront character of the city, no sign permit shall be issued without the review and approval of the plan commission.

(Ord. No. 566-12, § 1, 2-13-2012)