The purposes of this article are as follows:

(1)

A comprehensive regulation is necessary because of the unique nature and history of the city in that a major commercial road runs through the center of the city and attracts signs that are inappropriately large, leading to poor aesthetics and dropping property values.

(2)

To prevent the further deterioration of the city and to ensure that it remains an attractive residential area as well as a viable commercial area it is necessary to maintain a visually satisfying environment. A plethora of signs of a certain size and nature, no matter how tasteful, can have an undesirable effect upon traffic safety and the well-being of the entire community. The city is more likely to attract commercial enterprises and permanent residents if it improves and maintains the city's appearance. The residents will ultimately benefit from enhanced retail and commercial environments and improvements in the quality of life as a result of these regulations. City-wide regulations are necessary in view of the fact that very few areas are distinctly residential or distinctly commercial, and homes. It is a rational desire of the community, and most specifically of those who live therein from day to day, to plan their physical surroundings in such a way that unsightliness is minimized.

(3)

Further, the city has an obligation and a right to protect the rights of adjoining landowners to adequate light and air, to promote desirable living conditions and sustain stability of neighborhoods, to protect property against blight and deprivation, and encourage the most appropriate use of land, buildings and other structures throughout the city.

(4)

Accordingly, in consideration of the city's rights and obligations to promote traffic safety, to preserve property values, to provide for the convenience and enjoyment of public travel, to eliminate annoyance to travelers, to attract tourists, residents and industry, to serve the public health, safety and morals, to advance the general prosperity of the community, and to serve the general welfare, the city hereby imposes the regulations contained in this article.

(5)

The mayor and council find that signs provide an important medium through which individuals and entities may exercise their right to freedom of speech and expression and convey a variety of messages. However, left completely unregulated, signs can become a threat to public safety as well as a traffic hazard. Such signs may also constitute an aesthetic nuisance and be a detriment to property values and the city's public welfare. The mayor and council intend, by enacting the ordinance from which this article is derived, to:

a.

Balance the rights of individuals and entities to convey their message through signs and the right of the public to be protected against the unrestricted proliferation of signs;

b.

Protect the public health, safety, welfare, and aesthetics of the city;

c.

Reduce traffic and pedestrian hazards;

d.

Protect property values by minimizing the potentially adverse effects and visual blight caused by signs;

e.

Promote economic development; and

f.

Ensure the fair and consistent enforcement of sign regulations.

(6)

The provisions in this article which regulate signs on the basis of such factors as size, height, shape, design, spacing, placement, and distance, but not on the content of any message conveyed, provide an appropriate balance between the protection of the right to freedom of speech and expression via the sign medium and furthering the substantial governmental purposes stated herein.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.1), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 04-03, § 1(19A.1), 5-10-2004; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

For the purposes of this article, the definitions contained in this chapter shall control. in addition, the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aerial view sign means any sign which is designed primarily to be viewed from the sky from an airplane, helicopter, etc. The term "aerial view sign" includes, but is not limited to, any sign horizontally affixed to a roof or attached to a roof such that the sign is not readily viewable from the surrounding ground.

Aggregate signable area means the sum total of the signable area of any and all signs, for a given lot. Street numbers assigned by the United States postal service shall not be considered in calculating the aggregate signable area.

Animated sign. See flashing sign.

Awning sign means any sign on a cloth, metal, plastic or other cover designed to shade a window or entrances and attached to any structure.

Banner sign. See "temporary sign."

Beacon. See "temporary sign."

Bench sign. See "ground sign."

Blade sign. See "projecting sign."

Bracket sign. See "projecting sign."

Building frontage means the linear feet of the exterior wall of a building that faces any road or street that provides a means of direct ingress and egress to the lot.

Canopy sign. See "wall sign."

Decal means a picture, design or label made to be transferred (as to glass, wood, metal or any other hard object) from specially prepared paper.

Decision date means the date upon which the city clerk or his designated representative makes a final decision on the approval or denial of a sign permit.

Detached sign. See "ground sign."

Digital message sign means any sign, or a portion thereof, which is capable of displaying words, copy, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. This definition includes an electronically changeable copy sign, a multiple message sign or a readerboard. This definition does not include a manually changeable copy sign.

Door sign. See "wall sign" or "window sign."

Eave means the projecting lower edges of a roof overhanging the wall of a building.

Electronically changeable copy sign. See "digital message sign."

Entrance sign means any sign placed at the intersection of a public street and a public or private entryway into an apartment complex, condominium complex, office complex, industrial complex or other building or buildings with multifamily residential dwelling units or multiple commercial units.

Erect means to build, paint, construct, attach, hang, place, suspend, assemble or affix.

Externally illuminated sign means any sign illuminated by an external light source directed primarily toward such sign.

Fascia sign. See "wall sign."

Flag means a sign consisting of fabric or similar material attached at one end to a pole or building and hanging freely such that it may flutter or move in the wind.

Flashing sign means any sign with flashing, running, pulsing, scrolling or laser-generated lights; any sign upon which the illumination changes in intensity more often than once every 15 seconds; any sign that rotates or revolves; or any sign that has one or more elements that move by mechanical means as part of conveying a message. This definition includes an animated sign, a marquee sign, a moving sign, a revolving sign and a rotating sign. This definition does not include a digital message sign.

Flat sign. See "wall sign."

Ground sign means any sign supported by uprights or braces which are permanently placed into the ground and not supported by or suspended from any building.

Hand-held sign means any sign larger than six inches by six inches carried by a human appendage or prosthesis, including but not limited to picket signs, shields or sandwich boards.

Height means the vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign structure.

Internally illuminated sign means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes located within the interior parts of the sign.

Lot means a single tax parcel as shown on a plat or deed filed in the real estate records of the clerk of the superior court of the county.

Mansard sign. See "roof sign" or "wall sign."

Manually changeable copy sign means any sign, or a portion thereof, on which the displayed words, copy, symbols, figures or images are changed manually through placement or drawing of letters, symbols, figures or images on the signable area.

Marquee sign. See "flashing sign."

Mobile sign. See "temporary sign."

Monument sign. See "ground sign."

Moving sign. See "flashing sign."

Multiple message sign. See "digital message sign."

Noncombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

Nonconforming sign means any sign which does not conform to the provisions of this article at the date of adoption of the ordinance from which this article is derived.

Painted wall sign. See "wall sign."

Parapet sign. See "wall sign."

Pennant. See "temporary sign."

Person means any person, firm, partnership, association, corporation, company, entity or organization of any kind.

Pitched roof sign. See "roof sign."

Pole sign. See "ground sign."

Portable sign. "See temporary sign."

Primary facade means the exterior wall of the building that faces the main parking area or street and includes the primary entrance into the building. If the building faces more than one parking area or street, the largest exterior wall of the building with a primary entrance which is most nearly parallel to the widest street or largest parking area to which the building faces is the primary facade.

Projecting sign means any sign which is attached perpendicular to a building or other structure and extends more than 12 inches horizontally from the plane of the building wall.

Pylon sign. See "ground sign."

Readerboard. See "digital message sign."

Reflectors means any device created for the purpose of reflecting light directed at the device so as to render the device especially visible.

Residence means a home, abode, or place where an individual is actually living on a non-temporary basis.

Revolving sign. See "flashing sign."

Roof sign means a sign which is attached to a building or structure and is displayed above the lowest horizontal line of a building's roof.

Rotating sign. See "flashing sign."

Sandwich sign. See "temporary sign" or "hand-held sign."

Searchlight. See "temporary sign."

Secondary facade means any exterior wall of a building, other than the primary facade.

Shingle sign. See "projecting sign."

Sidewalk sign. See "temporary sign."

Sign means every device, item, product, frame, letter, figure, character, mark, plane, point, design, picture, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed in view of the general public. For the purpose of determining number of signs, a single display surface or a single display device containing different elements that are organized, related, and composed to form a unit shall be considered to be one sign. Where different elements are displayed in a random manner without an organized relationship to each other, or where there is reasonable doubt as to the relationship of different elements to each other, each element shall be considered to be a single separate sign.

Sign face. See "signable area."

Signable area means the total area upon which a message is displayed on any sign. For double-face signs, the side with the largest signable area shall be used in computing signable area. If the two faces of a double-face sign are of unequal area, the signable area shall be the area of the larger face. For wall signs consisting entirely of products shaped in the form of letters or other figures attached directly to a wall or roof, the signable area shall consist of the net geometric area measured by the smallest possible single square or rectangle enclosing the display surface of the sign including the outer extremities of all letters, characters and delineations.

Stake sign means any temporary sign supported by at least one upright placed into the ground, and not supported by or suspended from any building with signable area not greater than eight square feet.

Streamer. See "temporary sign."

Subdivision sign means any sign placed at the intersection of two public roads, where one of the roads is the main thoroughfare into and out of a single-family residential subdivision.

Submission date means the date stamped on a sign application indicating the date the application was actually received by the city.

Suspended sign. See projecting sign.

Temporary sign means any sign or device which is not permanently attached to the ground or other permanent structure, which is designed to be mobile or is designed to remain in place for a limited time. The term "temporary sign" includes, but is not limited to, signs which are designed to be transported regularly from one location to another, signs which are designed with wheels, regardless of whether the wheels remain attached to the sign, or signs tethered to an existing structure. These signs include, but are not limited to:

(1)

Sky lights;

(2)

Balloons;

(3)

Streamers;

(4)

Flag strings;

(5)

Inflatable displays;

(6)

Banners;

(7)

Beacons;

(8)

Searchlights;

(9)

Pennants; and

(10)

Mechanical or animated figures.

Wall sign means any sign which is attached parallel to or painted on an exterior building wall, which may include a door.

Window sign means any sign displayed to an outside observer on or through a window or covering a window, which may include a door.

Zoning district means the use classification of parcels of land as defined under this chapter generally.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.2), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016; Ord. No. 2017-05, §§ 1—7, 6-12-2017)

(a)

Application requirements. All applications for sign permits must be complete and contain all required information. If the city clerk or his designated representative shall determine that the application does not contain all required information as set forth in this article, or if such information is not sufficient to determine whether the permit should be issued or denied, or if such information is inaccurate or untrue, the application shall be denied.

(b)

Permit required. It shall be unlawful for any person to erect, repair, alter, relocate, or maintain any sign as defined in this article, except for those signs exempt from this article under section 42-534, without first obtaining a permit from the city in the manner set forth in this Code or otherwise complying with the terms herein.

(c)

Permit application. Application for permits to erect signs shall be made upon forms provided by the city, and shall contain or have attached thereto the following information:

(1)

Name, address, and telephone number of the applicant;

(2)

Address of building, structure, or lot to which or upon which the sign is to be attached or erected;

(3)

Position of the sign in relation to nearby buildings or structures, property lines and other signs located on the lot showing compliance with all setback lines required by the city;

(4)

Three sets of accurately scaled color drawings of the plans, contents, specifications, and method of construction and attachment to the building or the ground for the sign, as well as a scaled drawing of the site showing drives, structures, and any other limiting site features;

(5)

Name of person, firm, corporation, or association erecting the sign (i.e., contractor or builder);

(6)

Written consent of the owner of the building or lot upon which the sign is to be erected; and

(7)

A written list describing all other signs located on the lot indicating the sign type, size and placement.

(d)

Approval of city clerk. Approval of the city clerk or his designated representative is required for all signs that require a permit. Such officer shall examine the plans and specifications to determine if the same complies with the building code of the city except if a building permit is not required, and shall then mark his approval or disapproval thereon.

(e)

Submission of sign permit applications.

(1)

Sign permit applications must be delivered to the city at city hall.

(2)

All permit applications must be stamped by city personnel indicating the submission date.

(f)

Permit fees. Each application for a sign permit must be accompanied by a payment for the permit fee. The fee for sign permits shall be as established by the mayor and council from time to time.

(g)

Issuance and denial of permit.

(1)

Provided that the application is complete, all permit fees have been paid, and the proposed sign and the lot upon which the sign is to be placed are within all the requirements of this article and all other ordinances and laws of the city, the city clerk or his designated representative shall then issue the permit.

(2)

In the event the city clerk or his designated representative determines or learns at any time that the applicant has not properly completed the application for the proposed sign, he shall promptly notify the applicant of such fact and shall automatically deny the application.

(3)

In the event the city clerk or his designated representative determines that all requirements for approval have not been met, he shall then deny the permit.

(4)

All permit applications shall either be issued or denied within 30 days of the submission date. If the application is denied because it does not contain the required information or the information is inaccurate or false, a new application must be submitted with all of the required information and such application shall be assigned a new submission date. Upon the expiration of the 30-day period without a decision being made on the application, the applicant shall be permitted to erect and maintain the sign under this statutory provision unless and until such time as the city clerk or his designated representative notifies the applicant of a denial of the application and states the reason for the denial. No person erecting a sign under this provision shall acquire any vested rights to continued maintenance of such signs, and if the city clerk or his designated representative later denies the application, the sign must be brought into compliance with this article.

(5)

Upon making his final decision, the city clerk or his designated representative must stamp each application with a decision date.

(h)

Time period. If the work authorized under a permit has not been completed to the satisfaction of the city clerk or his designated representative using common industry standards within six months after the date of issuance, the permit shall become null and void.

(i)

Display of permit. Every sign constructed, erected, or maintained for which a permit is required by this article shall be plainly marked with the permit number, and expiration date for temporary signs, issued for the structure firmly affixed to the sign in such manner that the permit number, and expiration date if applicable, shall be readily accessible and durable.

(j)

Altering permit. Displaying a permit that has been tampered with, altered, or mutilated, or displaying a sign without a permit, shall be a misdemeanor offense punishable in municipal court. The penalties for such a violation are provided in section 42-535.

(k)

Appeals. An applicant who is dissatisfied by a decision on the application for a sign permit rendered under this section may appeal to the mayor and council under the following procedure:

(1)

The city clerk or his designated representative shall notify the applicant of the decision on a sign permit application within three business days of the decision date. Notice shall be made in writing and sent to the applicant's address listed on the sign permit application. Upon the expiration of the three-day period without the city clerk or his designated representative notifying the applicant of the decision on a sign permit application, the applicant shall be permitted to erect and maintain the sign under this statutory provision unless and until such time as the city clerk or his designated representative notifies the applicant of a decision of the application and states the reason for that decision. No person erecting a sign under this provision shall acquire any vested rights to continued maintenance of such signs, and if the city clerk or his designated representative later denies the application, the sign must be brought into compliance with this article.

(2)

Any appeal of the city clerk or his designated representative's decision relating to a sign permit application must be made within three business days of receipt of notice of the decision. In the event that no appeal is made within the three-day period, the decision of the city clerk or his designated representative shall become final.

(3)

The mayor and council shall hold the hearing on any such appeal no more than 30 days after receipt of the appeal. Upon the expiration of the 30-day period without a hearing on the appeal occurring, the applicant shall be permitted to erect and maintain the sign under this statutory provision unless and until such time as the mayor and council hold a hearing on the appeal. No person erecting a sign under this provision shall acquire any vested rights to continued maintenance of such signs, and if the mayor and council later deny the appeal, the sign must be brought into compliance with this article.

(4)

The mayor and council shall make its final determination on the appeal not more than 30 days after the date of the hearing. Upon the expiration of the 30-day period without a decision being made on the appeal, the applicant shall be permitted to erect and maintain the sign under this statutory provision unless and until such time as the mayor and council notify the applicant of a denial of the appeal and state the reason for the denial. No person erecting a sign under this provision shall acquire any vested rights to continued maintenance of such signs, and if the mayor and council later deny the appeal, the sign must be brought into compliance with this article.

(5)

Any appeal of the decision of the mayor and council shall be taken to the superior court of the county by a petition for a writ of certiorari.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.3), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

(a)

Building code compliance. All signs shall be constructed and maintained in accordance with the provisions of chapter 10.

(b)

Materials required. All signs for which a permit is required by this article, except temporary signs, shall be constructed of noncombustible material.

(c)

Reflectors. Reflectors and lights shall be permitted on ground signs, roof signs, and wall signs; provided, however, that the reflectors and lights shall be provided with proper glass lenses so that no light therefrom creates a hazardous or dangerous condition.

(d)

Internal illumination. The illumination of internally illuminated signs shall not exceed 20 foot candles of incandescent light measured at a distance of ten feet from such structure.

(e)

External illumination. Externally illuminated signs shall be lighted so that no lights are positioned in such a manner that light glares or shines into the eyes of motorists or pedestrians so as to create a hazardous or dangerous condition.

(f)

Other code compliance. All building, construction, setback, zoning or other relevant codes, excluding permitting (other than that provided elsewhere herein), shall be applicable to the location, construction and siting of signs and shall be read in harmony with this article.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.4), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

In addition to the limitations set forth in the other sections of this article, the following limitations shall apply to these specific types of signs:

(1)

Wall signs. No wall sign shall cover, wholly or partially, any wall opening, nor project beyond the ends or top of the wall to which it is attached.

(2)

Roof signs.

a.

Setback from roof edge. No roof sign shall be erected or maintained within five feet of the outside wall toward which the sign faces.

b.

Prohibited obstructions. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage from one part of the roof to any other part thereof or interfere with openings in the roof.

(3)

Projecting signs.

a.

No projecting sign may be placed over streets, alleys, or ways available for vehicular traffic.

b.

All projecting signs must be installed at a 90-degree angle to the building facade.

(4)

Temporary signs.

a.

A temporary sign shall be removed from the premises no later than 14 days after the date such sign is first placed on a lot.

b.

A lot shall be allowed a maximum of one temporary signs per month.

c.

All temporary signs shall be securely installed, and shall meet all applicable safety standards as prescribed by the building code, electrical code or as promulgated by the city with approval of the mayor and council.

d.

If any temporary sign is erected or maintained in such a manner so as to be in violation of this article or any other ordinance or law of the city, the mayor and council may give written notice to the owner thereof and to the owner of the property and premises upon which the sign is located that the sign must be removed within three days. If the sign is not thereafter removed, the mayor and council may cause its removal and impose the cost of the removal as a lien upon the property upon which the sign sits.

(5)

Awning signs.

a.

Awning signs must be painted or installed directly on the valances of the awning.

b.

Awning signs shall not have lettering or graphics exceeding ten inches in height.

c.

No awning sign may be internally illuminated.

d.

The signable area of any awning sign shall not exceed ten percent of the surface area of the awning.

(6)

Entrance signs. All entrance signs shall be placed on private property and may not be placed in the right-of-way, except that the mayor and council may allow an entrance sign to be placed in the right-of-way in a center median if:

a.

The sign has two faces;

b.

The location has been approved in writing by the city clerk or his designee; and

c.

The applicant agrees to be responsible for maintenance and repair of the entrance sign and ensures that the existence of the entrance sign is documented on the final plat for the development.

(7)

Subdivision signs. All subdivision signs shall be placed on private property and may not be placed in the right-of-way, except that the mayor and council may allow a subdivision sign to be placed in the right-of-way in a center median if:

a.

The sign has two faces;

b.

The location has been approved in writing by the city clerk or his designee; and

c.

The applicant agrees to be responsible for maintenance and repair of the subdivision sign and ensures that the existence of the subdivision sign is documented on the final plat for the development.

(8)

Flags.

a.

In-ground. A flag may be flown from a metal pole permanently placed in the ground. The pole shall not exceed 40 feet in height. The flag flying from such pole shall not exceed five feet in width and seven feet in length.

b.

Projecting. A flag may be flown from a metal or wooden pole attached to a bracket projecting from the side of a building or door frame. The pole shall not exceed six feet in length. The flag flying from such pole shall not exceed three feet in width and five feet in length. Additionally, the flag displayed in such manner shall not impede pedestrian or vehicular traffic.

c.

Hanging. A flag may be hung in either the primary facade or secondary facade of a property appropriately zoned under this article. The flag shall count against the percentage of window signage permitted for the zoned property as delineated in section 42-530.

d.

Limit. Only three flags (either ground, projecting or hanging) shall be flown or displayed on each property. The flags shall count against the allocation of the ground, projecting or window signage permitted for each property in section 42-530.

(9)

Hand-held signs. All hand-held signs shall meet the following regulations:

a.

No hand-held signs shall be placed or carried which extend beyond the width of the carrier's body or that extend more than 24 inches above the carrier's head.

b.

All persons carrying any such signs, shields or sandwich boards shall not stand or remain on any city, county, or state right-of-way.

c.

All hand-held signs are exempt from the permitting requirements of section 42-525.

(10)

Decals. Decals may be allowed, provided that they do not exceed four inches in width and 12 inches in length or 48 square inches in size. One decal may be placed on a window on a lot without counting against the maximum allowed window signage for that lot under this article.

(11)

Digital message signs. All digital message signs shall meet the following requirements:

a.

All digital message signs shall be placed on private property.

b.

Digital message signs are allowed on real property classified under any of the following zoning classifications: OI (office/institutional); BN (neighborhood business); BG (general business); M (manufacturing); SCR (shopping center reuse); or G-1 (gateway village development). Digital message signs are prohibited on real property classified under any of the following classifications: RS-200 (single-family residence); RS-150 (single-family residence); RM (multiple-family residence) or RMH (mobile home or manufactured home park residence).

c.

A digital message sign is allowed only in the form of an entrance sign, a ground sign, a monument sign or a wall sign and shall meet all the requirements of this chapter for the applicable form.

d.

One digital message sign is authorized per each public street, road, or highway frontage of the lot upon which it is located. A maximum of two digital message signs are authorized per lot.

e.

The total signable area of all digital message signs located upon a lot shall not exceed 30 percent of the aggregate signable area for such lot.

f.

Each message displayed on a digital message sign shall remain static for at least ten seconds following the completion of its transition from the previous message. The transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in three seconds or less. The transition period shall be measured as that period between any movement of any part of the display of the previous message and the time that that display of the next message is fully static. As used in this subsection, "static" shall mean a display that is fixed in one position with no position of the display being in motion or changing in color or light intensity.

g.

No display or other effect from any digital message sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or otherwise interferes with the safe operation of a motor vehicle. Any such display or effect shall be considered a traffic hazard under this chapter.

h.

The minimum pixel pitch for any digital message sign is 19 millimeters.

i.

All digital message signs shall have automatic dimming capability that adjusts the ambient light at all times of the day or night.

j.

All digital message signs shall contain a default design which shall freeze the message of the sign in one position if a malfunction in the electronic or mechanical display occurs.

k.

No permitted sign shall be converted to a digital message sign prior to the issuance of a sign permit under this chapter authorizing such digital message sign. The addition of any digital message sign to a nonconforming sign is prohibited.

l.

The owner of a digital message sign shall coordinate with local law enforcement authorities to display, when appropriate, emergency information important to the travelling public including, but not limited to amber alerts or alerts concerning terrorist attacks or natural disasters.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.5), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016; Ord. No. 2017-05, § 8, 6-12-2017)

(a)

Public right-of way. No sign shall be placed in any public right-of-way.

(b)

Placement. All signs must be placed upon a lot. No sign may be placed on any lot that does not meet the minimum requirements of this chapter and the city's subdivision regulations.

(c)

Obstruction to doors, windows, or fire escapes. No sign shall be erected, relocated, or maintained so as to prevent free ingress to, or egress from, any door, window, emergency exit, or fire escape; nor shall any sign be attached to any stand pipe or fire escape.

(d)

Sign not to constitute traffic hazard. No sign shall be erected at the intersection of, or otherwise near, any street in such a manner as to obstruct free and clear vision from vehicles or pedestrians.

(e)

Posting on trees, poles, etc. No sign shall be allowed to be tacked, painted, posted, marked, or otherwise affixed on trees, utility poles, or other similar structures, or on rocks, the ground itself, or other natural features.

(f)

No posting on supports. No message may be displayed on any portion of the structural supports of any sign.

(g)

Maintenance. All signs regulated by this article shall be kept clean, neatly painted, and free from all electrical and mechanical hazards, including, but not limited to, faulty wiring and loose connections, and the premises surrounding the signs shall be maintained by the owner in a sanitary and inoffensive condition, free and clear of all weeds, rubbish, and debris.

(h)

Special situations. Those developments which include at least one building of five stories or more may be permitted wall or roof signs in sizes not exceeding 100 square feet per primary and secondary facade. The sign allowance provided under this subsection shall be exempt from the aggregate signage allowed per lot.

(i)

No simulation of public signal. No sign shall be erected where due to its proposed location, position, shape, color, size, height, and/or lighting would appear to be in imitation of, or likely would be confused by motorists or pedestrians, for an official traffic control device or signal.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.6), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

(a)

No sign shall be illuminated, either internally or externally, in any district zoned RS-200, RS-150, and RMH, except that entrance signs and subdivision signs may be illuminated from dusk until dawn.

(b)

All temporary signs are prohibited on lots zoned for residential use, except for stake signs as allowed in the charts contained in section 42-530.

(c)

Variances. This subsection shall provide the exclusive procedures for granting variances to the requirements of this article.

(1)

Upon application by the property owner of a lot zoned OI, BN, BG or M, covering more than ten contiguous acres, the mayor and council may grant a variance to allow the aggregate signable area to exceed 500 square feet where the applicant has shown that:

a.

All signs and structures within the business development are in conformance with this article;

b.

The variance, if granted, would not cause substantial detriment to other property owners or tenants, or to the public good, nor would it impair the purpose and intent of this article;

c.

The mayor and council shall consider at least one of the following factors:

1.

The size of buildings constructed on the subject lot;

2.

The potential to subdivide the lot; or

3.

The number of different tenants occupying the buildings.

d.

Financial loss to the appellant. However, such loss is not sufficient grounds, by itself, to justify a variance.

(2)

Furthermore, peculiar conditions or circumstances which are the result of actions of the current or former owner of the property covered by the application cannot be considered as grounds to justify a variance. The authority to erect and maintain additional signs as may be permitted under any such variance shall terminate upon the subdivision of the lot upon which such variance was granted.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.7), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

In addition to all other regulations in this article, all signs must conform with the requirements of the charts contained in this section. As used in these charts, the term "0" means that the use of that type of sign is prohibited.

(1)

Lots zoned RS-200, RS-150, and RMH.

In addition to those regulations set forth in the above chart, no person may maintain any sign on a lot zoned RS-200, RS-150, or RMH so that the aggregate signable area on the lot exceeds 20 square feet, regardless of the construction, placement or type of sign.

(2)

Lots zoned RM (where residences are located in an apartment complex, townhouse complex or condominium complex).

In addition to those regulations set forth in the above chart, no person may maintain any sign on an individual unit in an apartment complex or condominium complex so that the aggregate signable area for that individual unit exceeds eight square feet, regardless of the construction, placement, number or type of sign.

(3)

Lots zoned RM (where residences are not located in an apartment complex, townhouse complex or condominium complex).

In addition to those regulations set forth in the above chart, no person may maintain any sign on a lot containing single family residences zoned RM so that the aggregate signable area exceeds 20 square feet, regardless of the construction, placement or type of sign.

(4)

Lots zoned BN and BG.

In addition to those regulations set forth in the above chart, no person may maintain any sign on a lot zoned BN or BG so that the aggregate signable area exceeds 500 square feet, regardless of the construction, placement or type of sign.

(5)

Lots zoned M.

In addition to those regulations set forth in the above chart, no person may maintain any sign on a lot zoned M so that the aggregate signable area exceeds 500 square feet, regardless of the construction, placement or type of sign.

(6)

Lots zoned O-I. The city may further reduce the amount of signage where necessary to avoid conflict with the architectural design or physical features of the building.

*The total of all signs shall not exceed two signs of any allowed type for the primary facade and one sign of any allowed type for each secondary facade.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.8), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

(a)

If the city clerk or his designee shall find that any sign regulated herein is unsafe or unstable, or is a menace to the public health or safety, or is abandoned, or is maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of this article, the city clerk or his designee shall notify the permittee, owner, or occupant of the property on which the sign is located by certified mail of such violation. Said notice shall include a brief and complete statement of the violations to be remedied. If the permittee, owner, or occupant of the property where the sign is located cannot be located, notice shall be effected by the city clerk or his designee affixing the notice to the sign or to the building on which the sign is erected.

(b)

If the permittee or property owner fails to remove or alter the structure so as to comply with the standards herein set forth within ten days after such notice, the permit for such sign shall be revoked and the permittee or property owner shall be subject to the penalties set forth in section 42-535.

(c)

In any case in which a sign is an immediate threat to the physical safety of persons or adjoining property, the city clerk or his designee may cause such structure to be removed summarily and without notice and cause the cost of same to be placed as a lien on the property upon which the sign sits.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.9), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

(a)

The following provisions shall apply to signs which, on the effective date of the ordinance from which this article is derived, were approved and legally erected under previous sign restrictions and which became nonconforming with respect to the requirements of this article's restrictions:

(1)

The owner of the sign shall secure a permit for the continuation of the sign subject to the restrictions of this section. Application for such permit must be filed within ten days of the notice of nonconformance. There shall be no charge for this permit. Failure to apply for such permit within ten days shall result in waiver of the protections afforded nonconforming signs by this section and the display of such sign shall be thereafter unlawful.

(2)

No change shall be made in the size of any , nor shall any structural changes be made in such a sign, unless the sign is brought into compliance with the provisions of this article.

(3)

Any nonconforming sign declared to be unsafe by the city clerk or his designee shall be removed or rendered safe and brought into compliance with the provisions of this article.

(4)

No nonconforming sign damaged by fire or other causes to the extent of more than 50 percent of its assessed value shall be repaired or rebuilt except in compliance with this article. Any such sign, if not repaired or rebuilt in compliance with this article, and all related debris shall be removed from the lot and disposed of appropriately.

(5)

Any sign erected in violation of this section may be removed from any public property or right-of-way by duly authorized employees of the city, and the responsible party may be cited for such violation.

(6)

No conforming sign or advertising device shall be permitted or erected on any lot which has located there upon an existing nonconforming sign until the nonconforming sign has been removed.

(b)

A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards or dismountable material on nonconforming signs shall be permitted.

(c)

Minor repairs and maintenance of nonconforming signs shall be permitted. However, no structural repairs or changes in the size or shape of a sign shall be permitted except to make the sign comply with the requirements of this article.

(d)

Nonconforming signs which met all requirements of this Code when erected may stay in place until one of the following conditions occurs:

(1)

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

(2)

The sign has been damaged to such an extent that structural repairs are required to restore the sign. A structural repair is any repair necessary to maintain the stability of the sign and shall not be merely aesthetic in nature.

(e)

No structural repairs, change in shape, size or design shall be permitted on a nonconforming sign except to make the sign comply with all requirements of this article.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.10), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

It shall be unlawful for any person to erect a flashing sign, an aerial view sign or a manually changeable copy sign in the city.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.11), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016; Ord. No. 2017-05, § 9, 6-12-2017)

The following signs are exempt from all provisions of this article:

(1)

Signs that are not visible from any public right-of-way or any adjacent property.

(2)

Temporary signs required to be posted by federal law, state law or by this Code.

(3)

Decals affixed to or signs painted on equipment, fuel pumps or other types of vending equipment used for dispensing retail products, provided that such decals or signs have a signable area not exceeding four square feet on any single piece of equipment.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.12), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002)

Any sign erected or maintained in violation of this article for more that 30 days after notice from the city thereof shall also be subject to removal by the city at the owner's or permittee's expense.

(Code 1994, § 110-1; Ord. No. 02-01, § 1(art. XIX-A, § 19A.13), 7-8-2002; Ord. No. 02-02, § 1, 5-13-2002; Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

The owner or the permittee of any sign which is otherwise allowed by this article may substitute non-commercial speech in lieu of any other commercial or non-commercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial speech over any other non-commercial speech. This provision prevails over any more specific provision in this article to the contrary.

(Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

It is the intention of this article to regulate signage. Where additional ordinances in the Code regulate signs, such other regulations shall be harmonized herewith. If such provisions are in conflict with this article, the provision of this article shall be deemed to prevail.

(Ord. No. 2016-3, § 1(exh. A), 4-11-2016)

(a)

It is hereby declared to be the intention of the mayor and council that all parts, sections, subsections, paragraphs, sentences, clauses, phrases, terms, or words of this article, were upon their enactment, believed by the mayor and council to be fully valid, enforceable, and constitutional.

(b)

It is hereby declared to be the intention of the mayor and council that, to the greatest extent allowed by law, each and every part, section, subsection, paragraph, sentence, clause, phrase, term, or word of this article is severable from every other part, section, subsection, paragraph, sentence, clause, phrase, term or word of this article. It is further declared to be the intention of the mayor and council that, to the greatest extent allowed by law, no part, section, subsection, paragraph, sentence, clause, phrase, term, or word in this article is mutually dependent upon any other part, section, subsection, paragraph, sentence, clause, phrase, term, or word in this article.

(Ord. No. 2016-3, § 1(exh. A), 4-11-2016)