(1)

Purpose. The purpose of this article is to create a comprehensive system of street graphic controls, thereby facilitating clear communication, reduced traffic or structural hazards, and an enhanced aesthetic appearance of the city.

(2)

Definitions (see also article II).

Abandoned sign: A sign which no longer correctly directs any person or advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises as indicated on the sign.

Animated sign: A sign which utilizes motion of any part by any means, or displays flashing, oscillating, sequential or intermittent lights other than time or temperature.

Awning sign: A sign placed on an awning which is supported entirely from the exterior wall of a building and composed of a nonrigid material except for the supporting framework.

Banner sign: A suspended sign having the characters, letters or illustrations applied to any flexible material such as, but not limited to, cloth or paper. See bunting.

Billboard: See off-premise sign.

Building identification sign: A sign that shows the name or address of a building. Also see development identification sign.

Bunting: A series of small flag-like pieces of cloth or any flexible material attached and strung between two (2) or more points, including any kind of pennant, streamer or other similar decoration.

Business information sign: A sign providing information to customers such as business hours, "open" or "closed," credit cards accepted, emergency telephone number, state agency required information, professional and trade association affiliation, and signs pertaining to public safety and law enforcement.

Canopy sign: A sign hung underneath a pedestrian shelter canopy in a multitenant commercial structure.

Changeable copy sign: See section 101-137(2).

Cold air balloon sign: Any sign of fabric type material, inflated by cold air to a point of semi-rigidity for the purpose of floating above the ground.

Contractor sign: A sign designating the name of the general contractor or subcontractor or both undertaking real property improvements, whether commercial or residential.

Copy area: See sign area.

Development identification sign: A sign that is permitted to be installed only around the perimeter of a development to identify only the name and/or address of the development.

Directional sign:

(a)

A noncommercial sign permanently erected and maintained by the city, county or state, or any agency thereof, to denote the name of any thoroughfare, the route to any city, public building or park; to direct and regulate traffic; to denote any transportation or transmission company for the direction or safety of the public.

(b)

A noncommercial sign located on and relating to an activity on the premises upon which the sign is located, providing information to pedestrian and vehicular traffic, e.g., "entrance," "exit," "caution" and "no trespassing."

Directory sign: An index consisting of the names of tenants of an office building, shopping center or other multitenant business complex.

Easel sign: A two-faced sign wherein the said faces join at the top thereof but not at the bottom, i.e., a sandwich sign.

Facade: The face of a building from the ground to the roof line.

Flag: A piece of light-weight, flexible material such as cloth or plastic with one (1) side attached to a pole and the other end flying freely.

Ground or monument sign: Any freestanding solid monument structure containing a sign face which is supported solely by its own ground-mounted base and which is not attached or affixed in any way to a building or other structure.

Illuminated sign: Any sign having characters, letters, designs, logos or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign.

Model sign: A sign which designates a particular dwelling unit which is exhibited to depict other units of a similar design that are for sale.

Multitenant center: Any shopping center, office center or business center in which two (2) or more occupancies abut each other or share common parking facilities or driveways or are otherwise related.

Nonconforming sign (legal): See section 101-139.

Off-premises sign: Any sign advertising an establishment, activity, open house, product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than on the property on which the sign is located.

Pole/post sign: Any sign erected upon a pole or post which is wholly independent of any building and/or other structure for support.

Political sign: Any sign which indicates the name, cause or affiliation of anyone seeking public office or which indicates any issue for which a public election is scheduled to be held.

Portable sign: Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; skid-mounted signs; easel signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked to clearly provide advertising close to the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, the sign area is less than two (2) square feet per side and there is no reasonable alternative storage space.

Project sign: A sign announcing a project under construction or an intended use of the premises in the immediate future.

Projecting sign: A sign directly attached to and extending from a building or other structure by more than fifteen (15) inches.

Real estate sign: A sign erected onsite by the owner or his agent, indicating property which is for rent, lease or sale, open for inspection, shown by appointment only or similar announcement.

Roof sign: A sign erected over, across or on the roof of any building, which is dependent on the roof, parapet or upper walls of a building for support.

Sign: Any structure, including the frame, background or support therefor, which is used for advertising, identification or display purposes or any statutory [statuary], sculpture molding, casting or other objects used for advertising or display purposes, or any flags, bunting or material used for display or advertising purposes, or for the purpose of attracting the attention of the public. Signs do not include:

(1)

The flag or emblem of any nation, state, city, fraternal, religious or civic organizations; or

(2)

Merchandise which is not otherwise incorporated into a sign structure.

Sign area: The square foot area enclosed by the perimeter of the sign structure. When a sign is composed of individual letters, symbols or logos only, the sign area is the area enclosed by a perimeter line (forming a rectangle or square) enclosing all letters. When a sign is a ground sign, the square foot area from the ground to the maximum height times width is the sign area.

Sign height: The height of the sign measured from the finished ground elevation to the top of the sign. If the area around the sign is bermed, then the height of the sign is determined from the crown of the fronting street.

Snipe sign: A sign which is tacked, nailed, posted, pasted, glued, or otherwise attached to walls or fences, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located. Legal notices required by law are exempted.

Temporary sign: Any sign to be displayed for a limited period as specified in Table 3 shall be deemed a temporary sign. Such signs may be granted extensions by the commission for good cause.

Wall sign: A sign which is affixed to and flat against an exterior wall, facia, cantilever, marquee, mansard, door or window of any building which is parallel thereto and supported by said wall, facia, cantilever, marquee, awning, mansard or building. No sign shall project higher than the top of said wall, facia, mansard or building.

Window sign: Any sign mounted to or painted on, or visible through a window or door for display to the public.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

Cross reference— See also definitions in general, § 101-8; definition of home occupations, § 101-34; definitions specific to landscaping, § 101-61; definitions specific to floodplains, § 101-91; definitions specific to subdivisions, § 101-111.

The following signs are prohibited anywhere in the city:

(1)

Abandoned signs.

(2)

Animated, flashing or moving signs.

(3)

Buntings, cold air balloons, and banners unless approved by the city commission in conjunction with a grand opening or other special function.

(4)

Off-premises signs or billboards.

(5)

Neon (or comparable) signs.

(6)

Portable signs, except as specifically allowed in this article.

(7)

Projecting signs.

(8)

Roof signs.

(9)

Snipe signs. Exception: Marina Subdivision No. 1 & 2, provided they do not exceed eight (8) feet in height and comply with all other requirements set forth in section 101-136 for temporary real estate advertising signs and no feasible alternative location for display exists.

(10)

Signs, other than signs placed by agencies of governments, shall not be erected on any public property or right-of-way. No sign shall be placed on any utility pole except for utility identification or similar purpose.

(11)

Any sign that could be confused with a traffic signal.

(12)

Any advertising painted on a building.

(13)

Any real estate signs or attachments thereto erected at residential properties for rent or lease for any period of time.

(14)

Any sign not prescribed as a permitted sign by this article.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

(1)

Building identification.

(a)

Single and two-unit dwellings—address numerals at least four (4) inches high but no such sign shall exceed two (2) square feet.

(b)

Multiunit residential buildings and non-residential buildings—signs shall have address numerals at least ten (10) inches high and shall meet other requirements as set forth in this article.

(c)

See chapter 6, article III for further details on house numbering.

(2)

Accessible parking signs. In accordance with state and federal requirements.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

(1)

Directional signs designed by governmental units.

(2)

Holiday decorations.

(3)

Interior sign within a lobby or courtyard not visible from public right of way. However, such signs are not exempt from the structural electrical or material specifications as set forth in this code and the SBCCI Standard Building Code.

(4)

Temporary signs for special event by nonprofit entity shall require commission approval.

(5)

No trespassing or no dumping signs not to exceed one and one-half (1½) square feet in area per sign and not exceeding one (1) per lot, except that special permission may be obtained from the city commission for additional signs under proven special circumstances.

(6)

Political signs on private property, providing such signs meet the requirements for temporary real estate signs set forth in section 101-136 and as amended. Such signs may be posted no earlier than thirty (30) days prior to an election and shall be removed no later than forty-eight (48) hours following such election. Failure to meet these conditions shall constitute the basis for sign removal by the city or its designee.

(7)

Decorative flags not containing an advertising message; however, no more than two (2) such flags shall be displayed per property or business frontage and no such flag shall exceed ten (10) square feet in size. Also see section 101-130(2).

(8)

Memorial signs including but not limited to names of buildings or individuals when made of bronze or other durable materials or when cut into any masonry surface provided the signs do not exceed four (4) square feet per sign face.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

The following signs are authorized in all R-3 districts:

Table IX-1

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

(1)

Table IX-2 authorizes the following signs in RH and B-1 districts.

Table IX-2

(3)

Rt. 1 commercial area: Signs for establishments fronting along Rt. 1 (classified an arterial road by the city's comprehensive plan) will be permitted as per the Monroe County Code.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

Only the following temporary signs shall be permitted:

Table IX-3

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

(1)

Multitenant center sign theme.

(a)

A sign application for any portion of a multitenant building shall provide a written statement of uniform criteria established for a multitenant center or complex regarding color(s), type of sign, style of letters, size of letter (maximum and minimum), and size of sign, including a sketch thereof, must be attached to the sign and site plan applications. This applies to all signs to be displayed at the location (wall, canopy, ground, etc.).

(b)

Logos of individual stores located in freestanding buildings within multitenant centers are exempt from the established criteria of the multitenant center but must meet other requirements of this article.

(c)

Once the criteria have been established for a multitenant center or complex, the criteria shall apply to the entire center, as well as each individual occupant, and shall remain as long as the center exists, regardless or change of ownership or management. The criteria may only be changed if all signs in the center are changed to conform to the new approved criteria.

(d)

Written consent to the plans and criteria must be provided by the owner of the building, structure or land to which or on which the sign structure is to be erected, relocated, maintained or altered.

(2)

Changeable copy signs. Signs displaying messages, which can be, or are intended to be, changed by use of removable letters and numerals, are permitted only at establishments fronting Rt. 1.

(3)

Maintenance.

(a)

All signs shall be maintained in a safe, presentable, attractive and good structural condition, including the replacement of defective parts, repainting, cleaning and other acts required for the maintenance of said sign.

(b)

Weeds shall be eliminated within a radius of five (5) feet of any sign and no rubbish or debris shall be permitted so near thereto, that the same shall constitute a fire hazard.

(4)

Real estate signs advertising properties open for inspection. Only one (1) such sign will be permitted for display on the property for sale. A portable sign may be used only for this specific purpose; however, no such sign shall exceed an area of four (4) square feet and/or a height of thirty (30) inches. Such signs shall be displayed only during the hours that the property owner or his agent is on duty and no more than two (2) days per seven-day period. See sections 101-136 and 101-137(7) for additional requirements.

(5)

Removal of real estate signs. All such signs displayed on the property and their supporting posts must be removed by the property owner or his agent within seven (7) days after withdrawal from the market. Failure to meet these conditions shall constitute the basis for sign removal by the city or its designee.

(6)

Rear of signs. Where the rear or side of any sign is visible from any street or from any adjoining residential district, said side or rear shall be finished in such a way as to conceal the structural member of the sign.

(7)

Nuisance.

(a)

Illumination: No illuminated signs shall face a residential district in such a way that the lighting fixture reflects directly into the residential district at night.

(b)

Signs extending over public right-of-way: No sign of any kind shall be permitted to be erected upon private property and extend into or above, or be anchored or placed, in any portion of the right-of-way of a city street or public sidewalk.

(c)

Signs at intersections: No sign shall be within a 25 foot sight triangle at the intersection of (2) two public streets.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

If a ground sign is not placed in an area of required landscaping as contained in article VI, then a planting bed at least two (2) feet in depth shall surround the sign. This bed shall contain shrubs and supplemental ground cover, and shall be shown on the landscape plan and included as part of the site plan approval and amendment procedures in accordance with section 101-62.

(Ord. No. 299-1995, 12-28-95; Ord. No. 327-1999, 6-24-99)

(1)

Signs eligible for characterization as "legal nonconforming. Any sign located in the city limits upon enactment of this article, or located in an area annexed to the city thereafter which does not conform with the provisions of this code, is eligible for characterization as a "legal nonconforming" sign provided the sign was covered by a sign permit. An "unlawful" sign is a nonconforming sign that was not so authorized.

(2)

Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:

(a)

The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance) which tends to or makes the sign less in compliance with the requirements of this code than it was before the alteration; or

(b)

The sign is relocated to a position making it less in compliance with the requirements of this code; or

(c)

The sign is replaced or abandoned.

On the happening of any one (1) of (a), (b), or (c), the sign shall be immediately brought into compliance with this code with a new permit secured or shall be removed. Final determination shall be made by the building official.

(3)

Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this code, regarding safety, maintenance and repair of signs, contained in this code.

(4)

Amortization or compliance date. Existing commercial signs are to be grandfathered until removed or destroyed or upon any change in ownership of the business.

(Ord. No. 299-1995, 12-28-95)

(1)

See section 101-137 of this article.

(2)

Unlawful signs. No person shall erect any sign which does not comply with the provisions of this code. If such sign is not removed within fifteen (15) days of notification by the building official, the violation shall be referred to the code enforcement board. This does not apply to legal nonconforming signs.

(Ord. No. 299-1995, 12-28-95)

Prior to erection or alteration of any sign (unless specifically exempted), a permit shall be obtained from the building official and a fee paid in accordance with the fee schedule. A sketch with dimensions shall accompany the permit application.

(Ord. No. 299-1995, 12-28-95)