The purpose of this chapter is to regulate all signs in the city that are visible from the public rights of way, public facilities, public pedestrian and bicycle pathways, and navigable waterways. Signs provide an important medium through which individuals and businesses may convey a variety of noncommercial and commercial messages. Depending on their size, number and design, signs may attract or repel visitors, affect the visual quality of the community, affect the safety of vehicular and pedestrian traffic, and impact, positively or negatively, the character of the community. Aesthetic considerations impact economic values as well as public health, safety and welfare. Therefore, it is the intent of these regulations to establish standards for the following purposes:

   A.   Recognize and protect the rights of individuals and businesses to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs;

   B.   Further the objectives of the city's comprehensive plan;

   C.   Maintain and enhance the visual quality (aesthetics) of the community;

   D.   Improve pedestrian and motorist safety by minimizing distractions, obstacles and visual clutter, and to ensure clear views of the roadway and directional or warning signs;

   E.   Protect and enhance economic viability by ensuring that the city will be a visually pleasant place to visit and/or reside;

   F.   Protect property values and public/private investments in property;

   G.   Protect views of the natural landscape and sky;

   H.   Avoid personal injury and property damage from unsafe signs;

   I.   Provide businesses with effective and efficient opportunities for identification by reducing competing demands for visual attention; and

   J.   Ensure fair and consistent enforcement of sign regulations. (Ord. 201, 11-15-2013)

No sign shall be constructed, installed, structurally altered, enlarged or relocated, except in conformity with the provisions contained herein, and only after a sign permit issued by the city has been secured, if so required. The changing or maintenance of movable parts or components of an approved sign, or permitted nonconforming sign, designed for such changes, or the changing of sign copy, business name, lettering, sign faces, colors, display, graphic matter and/or the content of any sign copy shall not be deemed a structural alteration. (Ord. 201, 11-15-2013)

ABANDONED SIGN: Any sign that does not display a well maintained message for a period of one hundred twenty (120) consecutive days; any sign that is no longer fully supported by the structure designed to support the sign for a period of one hundred twenty (120) consecutive days; or a sign that pertains to a business, industry or service that is no longer located on the premises where the sign is located.

BUILDING SIGN: A sign attached to a building, including, but not limited to, wall signs, window signs, blade signs, roof signs, awning, canopy and/or marquee signs.

DIRECTIONAL SIGN: Any sign that is designed and erected for the principal purpose of providing direction and/or orientation for vehicular or pedestrian traffic.

DOUBLE FACED SIGN: A sign with two (2) faces, back to back or in the shape of a "V", with identical messages and images, where each face is located not more than twelve inches (12") apart at the narrowest point, and not more than thirty six inches (36") apart at the widest point.

FACADE, FRONT BUILDING: The exterior building wall of a structure facing a public or private right of way.

FLAG: A piece of cloth or fabric, varying in size, shape, color or design, used as a symbol, standard, signal, emblem or insignia.

FLASHING SIGN: Signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same or less than the period of nonillumination. For the purpose of this chapter, a sign will not be considered "flashing" if the cyclical period between on and off phases exceeds four (4) seconds.

FREESTANDING SIGN: A sign principally supported by a structure affixed to the ground, and not supported by a building, including pole signs, monument signs and ground signs.

GOVERNMENTAL SIGNS: Signs of governmental entities are required by law to post, erect, provide, use or maintain, including, but not limited to, signs required by the "Manual On Uniform Traffic Control Devices", and signs which governmental entities post, erect, provide, use or maintain for the purpose of protecting public health or safety.

GROSS AREA, SIGN: The entire area within a single continuous perimeter enclosing the extreme limits of such sign, excluding any structural elements outside the limits of the sign and not forming an integral part of the display. For double faced signs, the gross area shall only include one of the sides. If the sign consists only of individual letters affixed directly to the wall of a building, only the area of a simple geometric figure which will encompass the letters is counted as part of the gross area.

HEIGHT, SIGN: The vertical distance from the natural grade of the property at the base of the sign to the highest point on a sign or sign structure.

MANSARD: An inclined, decorative rooflike projection that is attached to an exterior building facade.

MARQUEE: A rooflike structure of a permanent nature which projects from the wall of a building.

MARQUEE SIGN: Any sign attached to or constructed on a marquee.

NONCONFORMING SIGN: Any sign which was lawfully erected and maintained prior to the effective date hereof, which does not comply with the requirements of this chapter and/or would otherwise not be authorized under this chapter.

OFF PREMISES COMMERCIAL SIGN: A sign which, for commercial purposes, directs attention to a business operated for profit, or to a product, commodity or service for sale, at a location other than the property on which it is displayed.

RESIDENTIAL NEIGHBORHOOD IDENTIFICATION SIGN: A sign at the entrance of a residential neighborhood, subdivision or multi-family residential complex identifying the neighborhood.

ROOF SIGN: A sign erected, constructed or maintained upon a roof, or which projects above the roofline of a building. Signs mounted on mansard facades, eaves and architectural projections, such as canopies and marquees, shall not be considered roof signs.

ROOFLINE: The top edge of a peaked roof or, in the case of an extended facade or parapet, the uppermost point of said facade or parapet.

SIGN: Any object, device, display or structure, or part thereof, situated outdoors or indoors, that is used to convey a message and/or advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, graphic depictions, symbols, fixtures, colors, illumination or projected images.

SMALL SIGN: A freestanding sign not exceeding five (5) square feet in gross sign area and five feet (5') in height, which is not illuminated.

WINDOW SIGN: A sign affixed to, painted upon or etched into the surface of a window with its message intended to be visible to, and readable from, the public way or an adjacent property. (Ord. 201, 11-15-2013)

While subject to other applicable requirements and permits, the following signs are authorized without a sign permit:

   A.   Small Signs: Small signs are authorized without a sign permit, but are subject to the following limitations:

      1.   Small signs may carry any lawful message;

      2.   Small signs shall not be illuminated;

      3.   No small sign shall exceed five feet (5') in height above ground level;

      4.   One small sign shall be authorized per lot, except in the case of warning signs;

      5.   Warning signs (e.g., "beware of dog" or "no trespass") shall be limited to no more than two (2) such small signs in any five hundred (500) linear feet of frontage on the parcel; and

      6.   Small signs shall not exceed five (5) square feet in gross area.

   B.   Governmental Signs: "Governmental signs", as defined in section 8-15-3 of this chapter, do not require a sign permit.

   C.   Street Name Signs: Public or private street signs identifying the official street name, as authorized and/or approved by the city, and conforming to the "Manual Of Uniform Traffic Control Devices" (MUTCD), and other such standards as may be adopted by the city council.

   D.   Directional Signs: Directional signs do not require a sign permit, but are subject to the following limitations:

      1.   Only one exit/entrance directional sign shall be authorized per legal approach.

      2.   Directional signs shall not exceed two (2) square feet in gross area.

      3.   Not more than twenty five percent (25%) of the area of such sign shall be devoted to personal or business identification or logos.

      4.   Regulatory and/or traffic control signs shall not be considered directional signs, as defined herein.

   E.   Flags: Flags do not require a sign permit, but are subject to the following limitations:

      1.   Groupings of more than three (3) flags on a single lot shall require a sign permit.

      2.   A flagpole for such an exempted flag may not exceed thirty five feet (35') above ground level.

      3.   Such flag shall not exceed a maximum area of sixty (60) square feet.

   F.   Danger/Hazard Signs: Signs exclusively devoted to warning the public of dangerous conditions or hazards (e.g., dropoffs, high voltage, fire danger or explosives) are authorized without a permit; provided, that such signs do not exceed five (5) square feet in gross area, unless otherwise provided by state or federal law.

   G.   Physical Street Address Signs:

      1.   Physical street address numbers, posted on a building in a manner that is clearly visible from the road; or

      2.   In the case of structures that are located more than seventy five feet (75') from the edge of the roadway, or are not clearly visible from the road, a freestanding sign displaying only the physical street address, that is located adjacent to the driveway approach and roadway, of a height of not less than four feet (4'), nor more than six feet (6'), and with a gross sign area not to exceed two (2) square feet.

   H.   Window Signs: Signs that are painted, posted or etched on windows are allowed for all zones, subject to the following limitations:

      1.   The aggregate area of all such signs shall not exceed twenty five percent (25%) of the window area on which such signs are displayed.

      2.   Lettering shall not exceed eight inches (8") in height.

      3.   Windows separated by mullions shall be considered one continuous window area.

      4.   Window signs shall not be assessed against the sign area permitted for other sign types.

   I.   Banners: Banners used on private property for a period of no more than thirty (30) days in any calendar year do not require a sign permit. (Ord. 201, 11-15-2013)

Subject to the applicable requirements of this chapter, this title and the official building code as adopted by the city, signs shall be authorized with an approved sign permit, as detailed below for each of the identified zoning designations: (Ord. 201, 11-15-2013)

   A.   Agriculture, Residential And Neighborhood-Office Zone Designations: In addition to those signs authorized without a sign permit, the following signs shall be allowed in the agriculture and all residential and neighborhood-office zones with an approved sign permit, subject to standards as detailed below, the general provisions and requirements for all signs, and specific standards for each sign type as detailed in this chapter: (Ord. 201, 11-15-2013; amd. 2017 Code)

      1.   Nonresidential Uses: For all nonresidential uses, excluding home occupations (e.g., churches, schools, community centers, neighborhood-office commercial uses):

         a.   Building Signs: Building signs, subject to the following limitations:

            (1)   Wall, blade, window, awning, canopy or marquee signs are permitted, subject to standards applicable to the specific sign type, provided total building signage does not exceed ten percent (10%) of the area of the front building facade.

            (2)   Roof signs shall be prohibited.

         b.   Freestanding Monument Or Ground Signs: Freestanding monument or ground signs, subject to the following limitations: On lots with a minimum street frontage of one hundred feet (100'), one freestanding monument or ground sign shall be allowed, or, if the lot has multiple street frontages of greater than one hundred feet (100') each, one such sign per street frontage with an approved approach may be permitted, subject to the following restrictions:

            (1)   The gross area for each such authorized monument or ground sign shall not exceed twenty four (24) square feet;

            (2)   The area of structural support elements for the sign shall not exceed fifty percent (50%) of the message portion of the sign; and

            (3)   The height of said monument/ground signs shall not exceed five feet (5').

      2.   Residential Neighborhood Signs: Residential neighborhood signs (e.g., single-family subdivision, multi-family housing complexes, etc.) and subdivision signs shall be limited to one monument or ground sign per public or private street entrance located on a collector or arterial street, subject to the following restrictions:

         a.   Gross area of each permitted sign shall not exceed twenty four (24) square feet;

         b.   The area of structural support elements for the sign shall not exceed fifty percent (50%) of the message portion of the sign; and

         c.   The height of the sign shall not exceed five feet (5') from the natural grade of the land at the base of the sign.

      3.   Illuminated Signs: Flashing, animated, revolving and/or neon gas illuminated signs of any type are prohibited in the agriculture and all residential zones.

   B.   Commercial And Industrial Zone Designations (Excluding Neighborhood-Office Overlay): In addition to those signs authorized without a sign permit, the following signs shall be allowed in all commercial and industrial zones with an approved sign permit, subject to standards as detailed below, the general provisions and requirements for all signs, and specific standards for each sign type as detailed in this chapter:

      1.   Building Signage: Each building or business is permitted roof, wall, window, awning, canopy or marquee signs and/or blade signs, subject to standards applicable to the specific sign type, provided total building signage does not exceed ten percent (10%) of the area of the front building facade; and

      2.   Freestanding Signs: One freestanding sign shall be permitted for every one hundred fifty (150) linear feet of public street frontage or thirty thousand (30,000) square feet of lot area, up to a maximum of three (3) freestanding signs per development lot, subject to the height and area limits detailed in the following table. Where more than one freestanding sign is permitted, the total linear feet of street frontage is divided by the number of proposed signs on the development lot to determine the street frontage per sign:

 

 

(Ord. 201, 11-15-2013)

   A.   Permit Required: A permit shall be required for all signs, except those expressly authorized without a permit. Exemption from permit shall not, however, exempt the owner of the sign from responsibility for its erection and maintenance in a safe manner, and in a manner in accordance with all other provisions of this chapter.

   B.   Alteration, Enlargement Or Relocation Of Signs: No sign shall be structurally altered, enlarged or relocated, except in conformity to the provisions herein, and only upon applying for and securing a permit, unless expressly authorized without a permit.

   C.   Application Requirements:

      1.   Form: The applicant must complete and submit the city's standard sign permit application form, which shall be accompanied by a signed letter of consent from the property owner, if the property owner is not the applicant;

      2.   Location, Dimensions: The application shall include the location and dimension of all existing and proposed signs on the development lot;

      3.   Site Plan: The application shall be accompanied by a site plan, drawn to scale, depicting the dimensions of lot, location of all right of way/street frontages and ingress/egress to the site, building footprint, including size and dimensions of the building, and building facade where existing signs are located, and where proposed signs are to be located;

      4.   Graphic Depiction: The applicant shall provide a graphic depiction, drawn to scale, of the dimension and design of all existing and proposed signs on the development lot; and

      5.   Construction Plans: Construction plans required for all proposed new signs shall be drawn to scale, and shall include dimensions, materials and required details of construction, including loads, stresses, anchorage and other pertinent data. Said building plans shall contain the seal and signature of a registered design professional or professionals, if so required by the adopted building code of the city.

   D.   Permit Fees: Fees for sign permits, as established by resolution of the city council, shall be due and payable at the time of permit issuance.

   E.   Processing Of Permit Applications:

      1.   Decision; Time Limit: Within forty five (45) business days of receipt of a complete application for sign permit, the city planner will:

         a.   Approve the sign permit application;

         b.   Approve the sign permit application with conditions; or

         c.   Deny the permit application.

      2.   Statement For Denial: If the permit application is denied, staff will provide a written statement of the reasons for denial, and what, if anything, can be done to make the application approvable.

      3.   Issuance Of Permit: Upon approval of the sign permit application, satisfaction of any conditions that may be applicable prior to permit issuance and receipt of the applicable sign permit fees, the sign permit will be issued by the city.

   F.   Standards For Sign Permit Approval: The city planner shall approve the permit application, if all of the following standards have been met (or if said standards can be met, with conditions as may be included in a conditional approval):

      1.   Compliance With Chapter: The sign, as proposed, meets all applicable requirements of this chapter;

      2.   Building, Electrical Code Compliance: The sign, as proposed, meets all applicable requirements of the city's adopted building and applicable electrical codes;

      3.   No Violations: The sign, as proposed, does not violate any other applicable ordinances and/or standards of the city, state and federal government.

   G.   Appeal Of Decision By City Planner: Permit decisions by the city planner may be appealed to city council in accordance with the procedures detailed in chapter 3 of this title. (Ord. 201, 11-15-2013)

The following signs are expressly prohibited in all districts within the city:

   A.   Signs Constructed Without Required Permit: Any sign constructed after the effective date hereof without a sign permit approved by the city, excepting those signs expressly identified as signs authorized without a sign permit.

   B.   Signs Which Obstruct Or Interfere With Traffic: Signs located in such a manner as to obstruct or otherwise interfere with an official traffic sign, signal or device, or obstruct or interfere with a driver's view of approaching, merging or intersecting traffic.

   C.   Signs Which Simulate Traffic Control Devices: Signs which simulate or imitate the size, lettering, illumination or design of any traffic control device in such a manner as to interfere with, mislead or confuse the public.

   D.   Signs On Public Property: No portion of a privately owned sign, or its supporting structure may be located on, extend into, encroach upon, or overhang publicly owned property, or a public right of way (such as a street, sidewalk or waterway).

   E.   Flashing Signs: Signs which blink, flash or are animated by lighting in such a way as to have the appearance of traffic safety signs and/or lights, or municipal vehicle warnings from a distance.

   F.   Signs Attached To Vehicles: Any sign attached to or placed on a vehicle or trailer parked on public or private property in a position visible to traffic on a public road, waterway or parking area for a period longer than six (6) days in a sixty (60) day period, except for signs meeting the following conditions:

      1.   Primary Purpose: The primary purpose of such vehicle or trailer is not the display of signs;

      2.   Type Of Signs: The signs are magnetic, decals or painted upon an integral part of the vehicle or equipment as originally designed by the manufacturer, and do not break the silhouette of the vehicle; and

      3.   Vehicle Operating Condition; Licensed: The vehicle is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used or available for use in the daily function of the business to which such signs relate.

   G.   Revolving: Revolving signs.

   H.   Off Premises Commercial: Off premises commercial signs, as defined in section 8-15-3 of this chapter. (Ord. 201, 11-15-2013)

   A.   Conformance To Ordinances: Any sign hereafter erected shall conform to provisions of this chapter, and all other applicable provisions of other city ordinances.

   B.   Sign Setbacks, Generally: All freestanding signs shall be set back a minimum of five feet (5') behind the back of sidewalk (or the property line, where no sidewalk is present) and shall not extend into the public right of way, or over the edge of sidewalk, if said sidewalk is located in an easement rather than right of way.

   C.   Traffic Visibility: Signs and sign structures shall not be erected in such location as to cause visual obstruction or interference with motor vehicle traffic, or traffic control devices. Signs and/or sign structures shall not obstruct the line of vision in any direction from any street intersection or driveway. Specifically, signs and sign structures shall not be located within the sight triangle, as defined by this title, and/or street standards as adopted by the city council.

   D.   Construction: The following standards shall apply to the construction of all signs in the city, regardless of whether the sign does or does not require a sign permit:

      1.   Code Requirements: All signs shall be constructed in compliance with the adopted building and electrical codes of the city and the state.

      2.   Fastenings: All signs must remain safe and secure during the period of use. All parts of the signs, including bolts and cables, shall remain painted and free of corrosion.

      3.   Stability: Signs shall be constructed so that they will withstand wind pressure of at least seventy (70) pounds per square foot of surface and will otherwise structurally be safe, and securely anchored or otherwise fastened, suspended or supported so that they will not be a hazard to persons or property.

      4.   Lighting: External lighting shall be shielded from view and shall be focused on the sign to avoid stray lighting. Flashing, rotating and intermittent lighting is prohibited.

      5.   Identification: All signs shall identify the name and an operating phone number of the owner and person responsible for maintenance of the sign. This information shall be posted on a weatherproof label of two inches by four inches (2" x 4"), located on the bottom portion of the sign frame nearest the closest right of way.

      6.   Proximity To Electrical Conductors: Signs and their supporting structures shall be located no closer to electrical utilities than is permitted by the applicable code. No sign, including cables and support shall, in any event, be within six feet (6') of any electrical conductor, electrical light pole, electric streetlight, traffic light or public utility pole.

      7.   Prohibited Obstruction: Signs shall not be erected in any manner which interferes with free passage from, or otherwise obstructs, a fire escape, downspout, window, door, stairway, ladder or opening required as a means of ingress or egress, or required by code for the provision of light, air or stormwater drainage.

   E.   Maintenance Of Signs: All signs and sign structures shall be properly maintained in good condition and repair. Should any sign become structurally unsafe or a safety hazard, the owner, upon notification by the city, shall be required to return the sign to a safe condition or remove the sign.

   F.   Removal Of Obsolete, Nonmaintained Or Abandoned Signs: All signs, including those painted on a building, which no longer serve the purpose for which they were intended, are not maintained, have been determined to present a hazard, or have otherwise been abandoned, shall be removed or restored by the business or property owner within thirty (30) days of notice by the city.

   G.   Nonconforming Signs: Any legally permitted sign existing at the passage date hereof that does not conform in use, location, height or size with the regulations of the zone in which the sign is located, shall be considered a legal nonconforming use or structure, and shall be permitted to continue in such status until such time as the sign is abandoned, removed, relocated or replaced, subject to the following restrictions:

      1.   Alterations: The structure of the sign may not be altered in any way except toward compliance with this chapter. Structural alterations which are necessary for the maintenance, repair or restoration of the nonconforming sign are permissible, provided said alterations do not increase the size, height, degree of nonconformity or exceed fifty percent (50%) of the replacement value of the sign.

      2.   Replacement: The legal, nonconforming sign may not be replaced, except with a sign conforming to the requirements of this chapter.

      3.   Safety, Maintenance, Repair: The legal nonconforming sign is subject to all requirements of this chapter regarding safety, maintenance and repair. If, however, the sign suffers damage or deterioration in excess of fifty percent (50%) of its replacement value, it must be brought into compliance with this chapter or removed within thirty (30) days of notification by the city.

      4.   Changing Copy, Content: The changing of sign copy, business name, lettering, sign faces, colors, display, graphic matter and/or the content of any sign copy shall not be deemed an alteration or replacement.

   H.   First Amendment Protection: Any sign allowed under this chapter may contain, in lieu of any other text, any otherwise lawful noncommercial message that does not, for commercial purposes, direct attention to a business operated for profit or to a product, commodity or service for sale, provided said sign complies with all other provisions of this chapter, including the specific provisions for the type of sign, within the land use designation/zone where the sign is placed. This provision prevails over any more specific provisions to the contrary. (Ord. 201, 11-15-2013)

   A.   Building Signs, Generally: If a building contains walls facing more than one street frontage, the sign area will be computed for each building wall facing a different street frontage. The sign area thus calculated shall be allowed to then apply to permitted signs placed on each separate wall facing a street frontage.

   B.   Freestanding Signs, Generally: For lots with more than one street frontage, sign area for each frontage shall be calculated separately for each different street frontage, however, in no event shall a development lot exceed the maximum number of freestanding signs allowed.

   C.   Awning, Canopy And Marquee Signs:

      1.   Size: Sign lettering and logos shall not comprise more than thirty percent (30%) of the total exterior surface.

      2.   Location: Shall be located a minimum of eight feet (8') above ground level.

   D.   Projecting/Blade Signs: Projecting/blade signs, attached to and projecting from a building face or wall at a ninety degree (90°) angle:

      1.   Projection: Shall not project more than eight feet (8') from the building;

      2.   Height: Shall not exceed a maximum height of four feet (4');

      3.   Area: Shall not exceed a maximum area of twenty (20) square feet;

      4.   Location: Shall be located a minimum of eight feet (8') and a maximum of fourteen feet (14') above the sidewalk grade, as measured from the sidewalk to the bottom of the frame of the sign; and

      5.   Blade Signs For Multiple Commercial Tenants: For buildings with multiple commercial tenants, each business may be permitted one blade sign; provided, that blade signs are separated by a minimum of twenty five feet (25').

   E.   Roof Signs: Roof signs are only permitted in the industrial and commercial zones, excluding, however, the downtown commercial district. Where allowed, signs mounted on or above rooftops shall not extend more than ten feet (10') above the roofline, and shall be limited in allowable area for building signage in the applicable zone. The sign area for roof signs shall be assessed against building signage.

   F.   Wall Signs:

      1.   Mounting: Shall be mounted flush and fixed securely to a building wall; and

      2.   Projections: May project no more than twelve inches (12") from the face of the building wall, and shall not extend sideways beyond the building face or the highest line of the building to which it is attached. (Ord. 201, 11-15-2013)