Kingsland City Zoning Code

120.1. Purpose and Findings. Be it ordained by the City Council of the City of Kingsland that:

The Mayor and Council find that signs provide an important medium through which individuals may convey a variety of messages. However, left completely unregulated, signs can become a threat to public safety as a traffic hazard and detriment to property values and the City's overall public welfare as an aesthetic nuisance.

By enacting this ordinance, the Mayor and Council intend to:

1. Balance the rights of individuals to convey their messages through signs with the public's right to be protected against the unrestricted proliferation of signs.

2. Protect the public health, safety, and welfare.

3. Reduce traffic and pedestrian hazards.

4. Maintain the historical image of the City.

5. Protect property values by minimizing adverse effects and visual blight caused by signs.

6. Promote economic development.

7. Ensure the fair and consistent enforcement of sign regulations.

120.2. Definitions.

Aggregate Sign Area - The area of all signs on a parcel, excluding the area of one (1) face of all double-faced signs.

Area of a Sign / Sign Area - The smallest square, rectangle, triangle, circle, or combination thereof that encompasses one (1) face of the entire sign, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.

Awning Sign - A sign located on a roof-like cover extending before a place as a shelter, which may be used in lieu of a wall sign.

Billboard Sign - Any sign that meets all of the following criteria:

1. Is freestanding;

2. Has a sign area exceeding three hundred (300) square feet;

3. Is located adjacent to an interstate highway or a road designated as part of the State highway system; and

4. Advertises or provides information concerning businesses, products, services, or establishments not present on the property where the sign is located.

Digital Billboard Sign - A sign with action, motion, or changing colors requiring electrical energy. This includes any signs that electronically change its face by substitution of copy or scrolling, and sign area is over two hundred fifty (250) square feet. This sign is used for promoting interest other than that of a business, individual, product, or service available on the premises where the sign is located.

Digital On-Premise Sign - A sign with action, motion, or changing colors requiring electrical energy. This includes any signs that electronically change its face by substitution of copy or scrolling and is one hundred (100) square feet or less in sign area. This sign is used for promoting a business, individual, product, or service available on the premises where the sign is located.

Digital Off Premise Sign - A sign with action, motion, or changing colors requiring electrical energy. This includes any signs that electronically change its face by substitution of copy or scrolling, and sign area is over one hundred (100) square feet but less than three hundred (300) square feet. This sign is used for promoting interest other than that of a business, individual, product, or service available on the premises where the sign is located.

Double-Faced Sign - A sign with two (2) display areas placed back-to-back or forming an angle of sixty (60) degrees or less, where one (1) face is designed to be seen from one (1) direction and the other from the opposite.

Electronic/Digital Sign - A sign exceeding two hundred (200) square feet in size that exhibits action, motion, or changing colors requiring electrical energy. This includes any sign that electronically changes its face by substitution of copy or scrolling. An electronic sign that maintains a steady face without change for no less than six (6) hours is not considered animated. Any deviation from this minimum makes it an animated sign.

Flag - Any fabric or bunting containing colors, patterns, or symbols used to signify a government, entity, or organization.

Freestanding Sign - A sign securely affixed to a support structure permanently attached to the ground, wholly independent of a building. Includes monument and stanchion signs.

Illuminated Sign - A sign lit from an internal or external light source directed primarily at the sign.

Monument Sign - A freestanding sign mounted directly upon the ground, not attached to or supported by a building.

Non-Conforming Sign - A sign that does not conform to this ordinance but was legal at the time of its erection.

Parcel - A separate tax unit of real property on county real estate records.

Pylon Sign - A freestanding sign mounted on one (1) or more steel poles set in the ground of sufficient strength to support the advertisement. This excludes signs meeting the definition of "Billboard Sign."

Roof Sign - A sign attached to or supported by the roof of a building and extending above the roofline.

Sign - A device or representation for visual communication intended to attract attention.

Wall Sign - A sign fastened, placed, or painted upon or parallel to the exterior wall of a structure.

Window Sign - A sign installed flush with or on a window and intended to be viewed from outside.

120.3. Permits.

1. All signs allowed by this ordinance, except those exempted, require a permit issued by the City prior to posting, displaying, substantially changing, or erecting a sign.

2. Existing conforming signs requiring permits must be registered with the City within ninety (90) days of the effective date of this ordinance. Registration shall require the same information as a permit application. No fee is required for registration.

120.4. Application Information. Applications for sign permits shall be filed by the sign owner or their agent with the City Building Official and must include:

1. Street address and a plat map (to scale) showing structures, existing signs, and proposed sign location.

2. Aggregate sign area for the parcel.

3. Name and address of property owners.

4. Notarized owner's consent for sign placement.

5. Contractor's name, address, and phone number.

6. Type, area, height, shape, and mounting details of the sign.

7. Distance to the nearest adjacent sign.

8. Parcel size.

9. A valid City business license shall be required as part of any commercial sign permit application. Field-engineered drawings, sealed by a licensed professional engineer, shall be required for any sign exceeding twenty (20) feet in height.

120.5. Time for Consideration. The City shall process applications within thirty (30) business days of receipt of a completed application and fee. Notice of decision shall be given by hand delivery or first-class mail. If mailed, notice is deemed given on the mailing date. Failure to act within thirty (30) days shall result in automatic approval.

120.6. Denial and Revocation.

120.6.1. Procedure. The City shall deny permits to applicants that submit applications for signs that do not comply with the provisions of this ordinance, are incomplete applications, or applications containing any false material statements. Violation of any provision of this ordinance will be grounds for terminating a permit granted by the city for the erection of a sign. Should it be determined that a sign permit was issued pursuant to an incomplete application or an application containing a false material statement, or that a permit has been erroneously issued in violation of this ordinance, the building official shall revoke the permit. Should the city deny a permit, the reasons for the denial are to be stated in writing and mailed by first class mail or via hand delivery to the address on the permit application on or before the thirtieth (30 ^th ) business day after the City's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of re-submission, instead of the date of the original submission. No permit shall be denied or revoked, except for due cause as hereinafter defined, and the applicant is granted a public hearing before the planning commission. The applicant will be given ten (10) days written notice of the time, place and purpose of the hearing, with a statement of the reason for the denial of the permit application, or the revocation of a permit. "Due cause" is the violation of the provisions of this ordinance, state or federal law related to signage, or the submission of an incomplete application or an application containing false material statements.

120.6.2. Appeal. An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision to the City Council upon filing of written notice of an appeal with the City Clerk within ten (10) business days of the decision. Such appeal shall be considered by the Council at the next City Council meeting held after the city's receipt of the written notice of appeal, provided that notice of appeal is received a minimum of five (5) full business days before the meeting. If the appeal is not heard at such meeting, it shall be heard at the next regular meeting of Council thereafter. The Council shall make a final decision no later than thirty (30) days from the date of the hearing.

In the event an individual whose permit has been denied or revoked is dissatisfied with the decision of the City Council, he or she may petition for writ of certiorari to the superior court as provided by law.

120.7. Permit Expiration. A sign permit shall become null and void if the sign for which the permit was issued has not been completed and installed in accordance with the permit application within six (6) months after the date of issuance. No refunds will be made for permit fees paid for permits that expired due to failure to erect a permitted sign. If later an individual desires to erect a sign at the same location, a new application must be processed and another fee paid in accordance with the fee schedule applicable at such time.

120.8. Fees. The cost of a permit shall be as follows per sign:

• Wall Sign - $50.00

• Pylon Sign - $135.00 (7—75 feet); $250.00
(over seventy-six (76) feet)

• Electronic Digital Sign - $200.00 initial; $100.00 annual renewal

• All Other Signs - $75.00

120.9. Prohibited Signs. The following signs are prohibited:

1. Roof signs extending above the roofline.

2. Signs on public rights-of-way except publicly owned or maintained signs.

3. Window signs exceeding thirty (30) percent of window area.

4. Obscene signs (as defined by O.C.G.A. § 16-12-80).

5. Signs which simulate an official traffic control or warning sign or hide from view any traffic or street sign, signal or public service sign.

6. Signs emitting detectable sound on public roads.

7. Signs obstructing traffic visibility.

8. Signs affixed to trees, poles, or natural features.

9. Abandoned or dilapidated signs.

10. Signs advertising illegal activities.

11. Signs towed behind boats, aircraft, or helicopters.

12. Permanent A-frame/sandwich/sidewalk/curb signs provided that such signs shall be allowed if removed nightly, do not encroach on any handicap access, and are at least four (4) feet from any automobile travel path.

13. Signs which make use of the words "stop," "look," "danger," or any other word, phrase, symbol, or character likely to interfere with, mislead, or confuse vehicular traffic.

14. Unshielded illuminated devices producing glare or create a hazard or nuisance to motorists or occupants of adjacent properties.

15. Signs in salt marshes or tidal areas.

16. Tethered balloons or other inflatable signs located in a commercial district for more than one (1) week over a three-month period.

17. Signs emitting smoke, vapor, or odor.

18. Signs that cause radio, television, or other communications interference.

19. Private signs within street/highway rights-of-way.

20. Searchlights and beacons.

21. Strings of lights, pennants, or similar devices.

22. Grounded banner signs in C-1, C-1A, and Laurel Island Parkway Overlay District.

23. Off premise signs.

120.10. Restrictions in Residential Districts. Other than subdivision entrance signs allowed under subsection 120.11, parcels located in residential zoning districts shall not contain signs having an aggregate sign area greater than fifteen (15) square feet. No individual sign shall exceed six (6) square feet in sign area in a residential zoning district. Signs having a height of greater than five (5) feet above the grade level of the center line of the adjacent street to which the parcel on which the sign is located shall not be located in residential zoning districts. Signs meeting the standards of this section are exempt from permitting requirements.

120.11. Residential Subdivision Entrance Signs. Platted residential subdivisions consisting of more than two (2) parcels may erect one (1) monument sign at each entrance to the subdivision. Such sign shall not exceed a height of five (5) feet above the grade level of the center line of the adjacent street and shall not have a sign area greater than forty (40) square feet. Such entrance signs shall not count toward the maximum allowable signage on a residential parcel.

120.12. Height Requirements (Non-Residential). The following height requirements shall be applicable to signs located in non-residential zoning districts:

a) No Pylon sign shall exceed thirty-five (35) feet in height at the highest point on the sign.

b) Monument signs shall not exceed six (6) feet in height.

All sign heights shall be measured from the grade level of the center line of the adjacent street to which the property on which the sign is located has access. The level of the ground shall not be altered in such a way as to provide additional sign height.

120.13. Size & location Requirements (Non-Residential).

1. Freestanding signs must be at least thirty (30) feet from street intersections.

2. No sign may be located on another's property without notarized consent of the property owner.

120.13.1. Electronic/Digital Signs.

1. Electronic digital display signs shall be permitted only along designated arterial or collector roadways as identified by the City, provided that no such sign may be erected within one (1) mile (five thousand two hundred eighty (5,280) feet) of an existing electronic digital display sign. The placement and operation of any electronic digital display sign shall be subject to review and approval by the Building Official and Planning Director, who shall have discretion to determine whether the proposed location, design, and illumination are compatible with surrounding land uses and consistent with the intent of this ordinance.

2. Electronic digital display signs are prohibited on all other streets unless specifically authorized by the Building Official in writing.

3. Electronic Digital signs shall utilize dimming technology which automatically adjusts the brightness of the sign based on the ambient light conditions. Each application for a digital sign permit must include a certificate signed by the contractor that the digital sign will be so equipped. The standard for the brightness adjustment as ambient light intensity declines shall be a maximum increase in light intensity from the digital sign of 0.3 foot candles over the ambient levels as measured using a foot candle meter at a pre-set distance with the following procedure:

a. At least thirty (30) minutes past sunset, record the ambient light using a foot candle meter for the area while sign is off or displaying all black copy, with the meter located directly in front of and aimed directly at the sign at the appropriate distance as follows:

i. measure one hundred (100) feet from the source

ii. Turn on the sign to display all white and take another measurement in accordance with the same procedure.

iii. If the difference between the measurements is 0.3 candles or less, the brightness is properly adjusted, otherwise the sign must be adjusted to comply with the brightness adjustment standard set forth above.

120.13.2. Digital On-premise Sign.

1. Size and Height. A sign's display area shall not exceed ten (10) feet in height and a maximum of twenty (20) feet. No sign area to exceed one hundred (100) square feet, with or without trim. Overall sign height shall not exceed thirty (30) feet.

2. Sign Face. No more than one (1) sign face shall be viewed in any one (1) direction.

3. The message displayed by all digital signs shall remain fixed for a period of not less than eight (8) seconds.

4. Each transitional change shall occur within two (2) seconds

5. Only one (1) digital sign shall be allowed on each individual zoning lot.

6. Notwithstanding any other provisions of this ordinance, the erection, construction, or maintenance of digital on-premises signs shall be limited to the following zoning: Commercial, Interstate Commercial, and Industrial.

7. No digital message signs shall be constructed or maintained within one hundred (100) feet of any dwelling or residential Zoning District.

8. Digital signs may be incorporated into building signs or freestanding signs and shall comply with the height and sign area for the Zoning District where the sign is located.

9. Digital signs utilize dimming technology which automatically adjusts the brightness of the sign based on the ambient light conditions. Each application for a digital sign permit must include a certificate signed by the contractor that the digital sign will be so equipped. The standard for brightness adjustment as ambient light intensity declines shall be a maximum increase in light intensity from the digital sign of 0.3-foot candles over the ambient levels as measured using a foot candle meter at a pre-set distance with the following procedure:

At least thirty (30) minutes past sunset, record the ambient light using a foot candle meter for the area while sign is off or displaying all black copy, with the meter located directly in front of and aimed directly at the sign at the appropriate distance as follows:

• Measure one hundred (100) feet from the source.

• Turn on the sign to display all white and take another measurement in accordance with the same procedure.

• If the difference between the measurements is 0.3 candles or less, the brightness is properly adjusted, otherwise the sign must be adjusted to comply with the brightness adjustment standard set forth above.

120.13.3. Digital Off Premise Sign.

1. Size and Height. The sign's display area shall not exceed fifteen (15) feet in height and a maximum of twenty-five (25) feet. No sign area to exceed three hundred (300) square feet, with or without trim. Overall sign height shall not exceed thirty (30) feet.

2. Sign Face. No more than one (1) sign face shall be viewed in any one (1) direction.

3. The message displayed by all digital message signs shall remain fixed for a period of not less than eight (8) seconds.

4. Each transitional change shall occur within two (2) seconds

5. Any such sign shall contain a default design that will freeze the sign in one (1) position or display if a malfunction occurs.

6. Only one (1) digital sign shall be allowed on each individual zoning lot.

7. Notwithstanding any other provisions of this ordinance, the erection, construction, or maintenance of digital off-premise signs shall be limited to the following zoning: Commercial, Interstate Commercial, and Industrial.

8. No digital message signs shall be constructed or maintained within one hundred (100) feet of any dwelling or residential Zoning District.

9. No digital message signs shall be constructed or maintained within one (1) mile of any other digital off premise advertising sign on the same thoroughfare.

10. Digital signs utilize dimming technology which automatically adjusts the brightness of the sign based on the ambient light conditions. Each application for a digital sign permit must include a certificate signed by the contractor that the digital sign will be so equipped. The standard for brightness adjustment as ambient light intensity declines shall be a maximum increase in light intensity from the digital sign of 0.3-foot candles over the ambient levels as measured using a foot candle meter at a pre-set distance with the following procedure:

• At least thirty (30) minutes past sunset, record the ambient light using a foot candle meter for the area while sign is off or displaying all black copy, with the meter located directly in front of and aimed directly at the sign at the appropriate distance as follows:

• Measure One hundred (100) feet from the source.

• Turn on the sign to display all white and take another measurement in accordance with the same procedure.

120.13.4. Digital Billboard Sign.

1. Size and Height. A sign's display area shall not exceed fifteen (15) feet in height and a maximum of forty (40) feet. No sign area to exceed six hundred (600) square feet, with or without trim. Overall sign height shall not exceed forty (40) feet.

2. Sign Face. No more than one (1) sign face shall be viewed in any one (1) direction.

3. The message displayed by all digital message signs shall remain fixed for a period of not less than eight (8) seconds.

4. Each transitional change shall occur within two (2) seconds

5. Any such sign shall contain a default design that will freeze the sign in one (1) position or display if a malfunction occurs.

6. Only one (1) digital sign shall be allowed on each individual zoning lot.

7. Notwithstanding any other provisions of this ordinance, the erection, construction, or maintenance of digital on-premise signs shall be limited to the following zoning: Commercial, Interstate Commercial, and Industrial.

8. No digital message billboard shall be constructed or maintained within one hundred (100) feet of any dwelling or residential Zoning District.

9. Distance between digital message billboards will be determined by GDOT and not regulated by the City of Kingsland.

10. Digital signs utilize dimming technology which automatically adjusts the brightness of the sign based on the ambient light conditions. Each application for a digital sign permit must include a certificate signed by the contractor that the digital sign will be so equipped. The standard for the brightness adjustment as ambient light intensity declines shall be a maximum increase in light intensity from the digital sign of 0.3-foot candles over the ambient levels as measured using a foot candle meter at a pre-set distance with the following procedure:

• At least thirty (30) minutes past sunset, record the ambient light using a foot candle meter for the area while sign is off or displaying all black copy, with the meter located directly in front of and aimed directly at the sign at the appropriate distance as follows:

• Measure one hundred (100) feet from the source.

• Turn on the sign to display all white and take another measurement in accordance with the same procedure.

120.13.5. Pylon Signs.

1. Pylon signs for parcels exceeding three (3) acres shall not exceed a sign area of two hundred fifty (250) square feet.

2. Pylon signs for parcels less than three (3) acres, but equal to or greater than thirty thousand (30,000) square feet shall not exceed a sign area of one hundred fifty (150) square feet.

3. Pylon signs for parcels less than thirty thousand (30,000) square feet in size shall not exceed a sign area of ninety (90) square feet.

4. Pylon signs shall only be located on property in commercial or industrial zoning areas and shall be limited to one (1) such sign per parcel per street frontage.

120.13.6. Monument Signs. Monument signs shall not exceed sixty (60) square feet of total area, which shall include signage and structure, and shall be limited to one (1) such sign per parcel, per street frontage.

120.13.7. Wall and Awning Signs.

1. Wall and awning signs shall not project above the parapet wall.

2. Wall signs shall not project beyond the building face, except in the C1 District where double-sided signs meeting established design standards set by the Downtown Development Authority are allowed to project beyond the wall face. Wall and Awning signs shall not project beyond the building face by more than four (4) feet.

3. Wall and awning signs shall not exceed a sign area of three hundred (300) square feet or ten (10) percent of the wall face of the premises to which the sign relates, whichever is less, on each street facing wall.

4. The maximum wall or awning sign cabinet height shall be ten (10) feet.

5. Wall signs shall only be located on property in commercial or industrial zoning areas.

6. Each building tenant shall be limited to one (1) wall or awning sign on each street facing wall.

120.13.8. Aggregate Sign Area.

1. Parcels exceeding three (3) acres shall be allowed a maximum aggregate sign area of five hundred (500) square feet for the entire parcel.

2. Parcels less than three (3) acres but greater than thirty thousand (30,000) square feet shall be allowed a maximum aggregate sign area of three hundred (300) square feet for the entire parcel.

3. Parcels less than thirty thousand (30,000) square feet in size shall be allowed a maximum aggregate sign area of one hundred fifty (150) square feet for the entire parcel.

4. These limits shall not include the area of any wall signs, window signs or billboard signs located on the parcel.

5. These limits shall include the area of all freestanding signs on the parcel.

120.14. Billboard Signs. No Billboard sign shall be allowed unless it meets all standards and requirements that may exist under federal or state law, including but not limited to those requirements imposed pursuant to O.C.G.A. § 32-6-70 et seq. Billboard signs are not subject to the approval process set forth in this ordinance, but they must be approved by any applicable permitting process administered by the federal or state government.

120.14.1. Restrictions on Authorized Outdoor Advertising: Multiple Message Signs.

1. Advertises an activity that is illegal under Georgia or federal laws or regulations in effect at the location of such sign or at the location of such activity.

2. Is obsolete.

3. Depicts any material which is obscene.

4. Is not structurally safe, clean, and in good repair.

5. Is not securely affixed to a substantial structure which is permanently attached to the ground.

6. Is attached to, drawn, or painted upon trees, rocks, or other natural features.

7. Moves or has any moving or animated parts, except as expressly allowed.

8. Emits or utilizes in any manner any sound capable of being detected on the main travel way.

9. If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights, except those giving public service information such as time, date, temperature, weather, or other similar information expressly permitted. The illumination of multiple message signs is not considered flashing, intermittent, or moving, except that no multiple message sign may include any illumination which flashes, is intermittent, or moves while the sign is in a fixed position.

10. If illuminated, is not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled way, which beams or rays are of such intensity or brilliance as to cause glare, impair the vision of drivers, or otherwise interfere with the operation of a motor vehicle.

11. If illuminated, is illuminated so that it obscures or interferes with the effectiveness of an official traffic sign, device, or signal.

12. Contains an area greater than three hundred (300) square feet or exceeding fifteen (15) feet in height or thirty (30) feet in length, inclusive of any border and trim but excluding the base, apron, supports, and other structural members.

13. Exceeds an overall height of forty (40) feet.

14. Contains more than two (2) faces visible from the same direction on the main traveled way.

15. Is within two hundred (200) feet in any direction of a public park, playground, recreation area, public forest, scenic area, or cemetery; provided, however, that such sign may be permitted if separated by buildings or obstructions so that it is not visible from such areas.

16. Is located to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device.

17. Is located to obscure or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

18. Is placed within five thousand two hundred eighty (5,280) feet of another multiple message sign on the same thoroughfare.

19. Displays copy that changes at intervals of less than ten (10) seconds.

20. Fails to contain a default design that will freeze the sign in one (1) position if a malfunction occurs.

120.15. Construction and Maintenance Standards.

1. All signs for which a permit is required under this ordinance shall be constructed and maintained in accordance with the provisions of the city building and property maintenance code.

2. Signs for which a permit is not required under this ordinance that are constructed of degradable material may be posted for a maximum of sixty (60) days unless replaced with another sign of the same material. Any such replacement signs may be posted for a maximum of sixty (60) days.

3. All signs shall be kept clean, neatly painted, and maintained at all times so as not to be detrimental to public health and safety. This includes but is not limited to keeping the sign free from faulty wiring, loose fastenings, and sharp or otherwise dangerous protrusions.

4. All signs associated with a business shall be removed within thirty (30) days following the permanent closure or relocation of the business.

5. High-rise signs exceeding thirty-five (35) feet in height shall undergo a structural engineering inspection at least once every two (2) years, with documentation of compliance maintained on file with the City.

120.16. Non-Conforming Signs.

(a) Nonconforming signs, which met all legal requirements when erected, may stay in place, provided that within ninety (90) days of the effective date of this ordinance the owner of the non-conforming sign or the owner's agent registers the sign with the city. Such registration shall contain the information listed in subsection 120.4(a) and shall specify the sign being registered as non-conforming and shall state that the sign was completely installed before the effective date of this ordinance. The payment of a fee is not required for the registration of a non-conforming sign; however, failure to register shall be considered an offense and may be punished as any other ordinance violation. Non-conforming signs shall be permitted until one (1) of the following conditions occurs:

1. The deterioration of the sign or damage to the sign makes it a hazard or unsightly; or

2. The sign has been damaged by circumstances beyond the control of the owner to the extent that more than minor repairs are required to restore the sign; provided that signs damaged by Act of God and not due to the owner's action may be restored to their pre-damaged condition, provided that the useful life of the signs is not extended.

(b) No structural repairs except those permitted pursuant to subsection (a)(2) above change in shape, size or design, shall be permitted except to make a non-conforming sign comply with all requirements of this ordinance.

(c) A non-conforming sign may not be replaced by another non-conforming sign except where changed conditions beyond the control of the owner render the sign nonconforming or warrant the sign's repair.

120.17. Variances. Variances shall be limited to the minimum relief necessary to overcome the hardship. No variance shall be granted to allow a greater number of signs than would be allowed if the hardship did not exist. A variance from compliance with the sign regulations of this ordinance shall be limited to the following hardship situations:

120.17.1. Standards.

1. Where visibility of a conforming sign from the public street and within fifty (50) feet of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, existing buildings or structures on a different lot; and

2. Placement of the sign elsewhere on the lot would not remedy the visual obstruction; and such visibility obstruction was not created by the owner of the subject property; and the variance proposed would not create a safety hazard to traffic.

3. Variance applications shall be submitted to the Planning and Zoning Department and shall be heard by the Planning Commission under the same time frames and rules governing appeals under this ordinance.

120.18. Exemptions from Permitting. The following types of signs shall be exempt from the permit requirements of subsection 120.3 and shall not count towards the maximum aggregate sign area limits provided in subections 120.10 and 120.13(g):

1. Non-illuminated signs, having a sign area of less than fifteen (15) square feet, provided they are not located in the public right of way.

2. Window signs installed for purposes of viewing from outside the premises. However, such signs shall not exceed thirty (30) percent of the available window space.

3. Numerals displayed for purposes of identifying property location and not exceeding four (4) inches in height in residential districts and ten (10) inches in height in nonresidential districts.

4. Seasonal displays located outside of the public right of way that are erected for a maximum period of thirty days no more than twice a year.

5. Directional signs (e.g., entrance, exit, caution, slow, or no trespassing signs) so long as each such sign does not exceed two (2) square feet in area.

6. Every parcel may display no more than two (2) flags that shall not count toward the maximum aggregate sign area limits provided in subsections 120.10 and 120.13(g) without obtaining a permit. Flagpoles in residential zoned districts shall not exceed thirty (30) feet in height or the height of the primary structure, whichever is less. Flagpoles in commercial or industrial zoned districts shall not exceed sixty (60) feet in height. The dimensions of any flag shall be proportional to the flagpole height such that the hoist side of the flag shall not exceed fifty (50) percent of the vertical height.

120.19. Illumination.

1. May not cast light on adjoining property or cause traffic interference.

2. Must be constant (no flashing, scrolling, or simulated movement).

120.20. Enforcement and Penalties.

1. All signs shall be maintained in good condition as to present a neat and orderly appearance. The city may, after due notice, issue a citation to any permittee for any sign which shows gross neglect or becomes dilapidated. Such due notice shall be in writing, shall specify the sign and location, and shall state that the sign has not been properly maintained. The city shall give the permittee ten (10) days to rectify the condition or remove the dilapidated sign before issuing a citation.

2. The city may issue a citation for violation of this ordinance by any sign erected, altered, converted, or used in violation of this ordinance.

3. Any person violating any provision of this ordinance shall be liable for a fine of one hundred fifty dollars ($150.00) for each violation. Each day a sign is posted in violation of this ordinance shall constitute a separate violation.

120.21. Severability. In the event any section, subsection, sentence, or word of this ordinance is declared and adjudged to be invalidated or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this article, which shall remain in full force and effect as if such portion so declared or adjudged unconstitutional were not originally part of this article. The City Council declares that it would have enacted the remaining parts of this article if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional.

(Ord. No. 2025-17, § 1(Exh. A), 11-24-2025)