The purpose of this article is to protect the dual interest of the public and the advertiser. They are designed to promote public safety and welfare and ensure the maintenance of landscape quality and environmental preservation, while satisfying the needs of sign users for efficient and adequate identification, communication and advertising.

(Ord. No. 01-05, § 46-376, 3-15-2005)

This article regulates the number, size, placement and physical characteristics of signs, exempts certain signs, prohibits certain signs, and requires permits for certain signs. From and after the adoption of this chapter, no sign may be erected within the city unless it conforms to the requirements of this article.

(Ord. No. 01-05, § 46-377, 3-15-2005)

(a)

Signs shall be allowed on private property in each zoning district, in accord with Table 4. If the letter "A" appears for a sign type in a column, such sign is allowed without prior permit approval in the zoning district represented by that column. If the letter "P" appears for a sign type in a column, such sign is allowed only with prior permit approval in the zoning district represented by that column. If the letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning district represented by that column under any circumstances. Where the letter "C" appears in the HPO district, the sign is conditionally permitted, requiring a certificate of appropriateness, issued by the HP commission.

(b)

The number, type, size, height and location of signs on private property, in each zoning district, shall conform to the requirements on Table 5.

(c)

Although allowed without a permit in Table 4, signs designated by an "A" are subject to all applicable requirements on Table 5.

Table 4. Regulations of Signs By Type, Characteristics, and Zoning Districts

Notes to Table 3:

(1) Signs identifying or announcing land subdivisions, or residential projects, including multifamily, nursing homes and group dwellings.

(2) See section 44-623.

(3) This column does not represent a zoning district. It applies to institutional and other nonresidential uses permitted in residential zoning districts (i.e., churches, school, parks, etc. and includes historical markers).

Table 5. Number, Dimension, and Location of Permitted Signs, By Zoning District

Notes to Table 5:

NA = Not applicable    S.f. = Square feet

(A) One identification sign is permitted for each entrance of a subdivision or residential project.

(B) This column does not represent a zoning district. It applies to institutional and other nonresidential uses permitted in residential zones (i.e., churches, schools, parks, etc.).

(C) Lots fronting on two or more streets are allowed one additional sign for each street frontage, but sign area cannot exceed the maximum allowed per street.

(D) One square foot of signage is allowed for each linear foot of street frontage not to exceed 160 square feet. One additional sign is permitted where the linear street frontage exceeds 300', and spacing between the signs is at least 300'.

(E) Billboards may be located on a developed lot with a principal (on-premises) sign, but shall not be located closer than 1,000' to another billboard, or 1,500' to an historic property listed on the National Register, an HPO district, or a public park, or within 500' of a residential district or cemetery.

(F) Plus up to 50 s.f. for extended advertising.

(G) The maximum number allowed shall not exceed the number legally existing in the city on April 15, 2002. However, the number may increase with annexation by the number legally established in annexed areas at the time of annexation.

(H) See section 44-626.

(Ord. No. 01-05, § 46-378, 3-15-2005)

(a)

A common signage plan shall be prerequisite to the issuance of any sign permit involving:

(1)

Two or more contiguous lots or parcels under the same ownership;

(2)

A single lot or parcel with more than one principal use or building (not including accessory uses or buildings) or qualifying on the basis of street frontage for more than one free-standing sign; and

(3)

A PUD (planned use district) project.

(b)

The plan shall contain all information required for sign permits generally and shall specify standards for consistency among all signs on the lot affected by the plan with regard to:

(1)

Lettering or graphic style;

(2)

Lighting;

(3)

Location of each sign on the buildings;

(4)

Material; and

(5)

Sign proportions.

(c)

A common signage plan shall limit the number of freestanding signs to a total of one for each street on which there is frontage and shall provide for shared or common usage of such signs; however the maximum signage area permitted on each street may be increased by 50 percent.

(d)

Once approved by the zoning administrator, the common signage plan shall become binding on all businesses and uses occupying the lot, but may be amended by filing a new or revised plan in conformance with the requirements of this chapter.

(e)

If any new or amended common signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within three years, all signs not conforming to the proposed amended plan or to the requirements of this chapter in effect on the date of submission.

(Ord. No. 01-05, § 46-379, 3-15-2005)

No sign shall be allowed in the public right-of-way, except for the following:

(1)

Public signs erected by or on behalf of a governmental body;

(2)

Informational signs of a public agency or utility;

(3)

Church signs, in accord with state law;

(4)

Historical signs and markers;

(5)

Emergency signs; and

(6)

Directional signs of a temporary nature not to exceed three square feet in area and 24 hours in duration for such events as yard sales, auctions, public gatherings, etc.; provided they are located no closer than 500 feet apart.

(Ord. No. 01-05, § 46-380, 3-15-2005)

Table 6
Temporary Sign Regulations

Notes to Table 6:

A. One A-frame or sandwich board sign per business in the historic preservation district shall be permitted for the purpose of displaying sales, business hours, and hours of operation.

B. Banners and pennants shall be properly secured and maintained at all times, and shall not interfere with pedestrian or vehicular movement.

C. Posters shall not be allowed on any telephone or power poles or any public right-of-way, and shall be placed no closer than five feet from a street or curb.

D. Portable signs shall be limited to one per establishment, shall have no colored or flashing lights, shall not be wired so as to obstruct or hinder pedestrian or vehicular traffic or pose any potential for such hindrance (i.e., exposed drop cord), shall not exceed six feet in height, shall be anchored in accord with the building code, and shall not be converted to a permanent sign.

E. Inflatable signs shall be properly anchored and shall not interfere with airport traffic.

F. Temporary subdivision and work under construction identification signs shall adhere to the development standards of section 44-625.

G. Political signs shall be removed within seven days of the election.

(Ord. No. 01-05, § 46-381, 3-15-2005)

All signs not expressly permitted by this chapter are prohibited. Such signs include, but are not limited to:

(1)

Signs painted on or attached to trees, fence posts, telephone or other utility poles, stationary vehicles, or natural features.

(2)

Signs displaying intermittent lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, rescue vehicles or other warning signals, and signs using the rescue vehicles or other warning signals, and signs using the words "stop", "danger", or any other word, phrase, symbol, or character in a manner that might mislead or confuse motorist.

(3)

Signs that have been abandoned and no longer correctly direct or exhort any person, advertises a bona fide business, lesser, owner, product, or activity conducted or product available.

(4)

Signs that have fallen into disrepair (dilapidated), are not properly maintained, are insecure or otherwise structurally unsound, have defective parts in the support, guys and/or anchors, or which are unable to meet minimum safety requirements of the Standard Building Code.

(Ord. No. 01-05, § 46-382, 3-15-2005)

(a)

Visual area clearance. No sign shall be located within a vision clearance area as defined in section 44-10.

(b)

Vehicle area clearance. When a sign extends over an area where vehicles travel or park, the bottom of the sign structure shall be at least 14 feet above the ground. Vehicle areas include driveways, alleys, parking lots, and loading and maneuvering areas.

(c)

Pedestrian area clearance. When a sign extends over a sidewalk, walkway, or other space accessible to pedestrians, the bottom of the sign structure shall be at least eight feet above the ground.

(d)

Sign materials; code compliance. Permanent and temporary identification signs must be constructed in accord with all applicable provisions of the Building Code and National Electrical Code, and consist of durable all-weather materials. Images, logos, graphics, etc., painted on permanent signs or buildings must be performed in a professional and workmanlike manner. Permits for painted signs will only be issued to companies who are engaged as sign painters.

(e)

Double-decked sign faces. Stacked or double-decked sign faces or side-by-side sign faces shall not be permitted.

(f)

Sign illumination. Illuminated signs shall not directly shine on abutting properties. No illumination simulating traffic control devices or emergency vehicles shall be used, nor shall lights which are intermittently switched on and off, changed in intensity or color, or otherwise displayed to create the illusion of flashing or movement be permitted.

(Ord. No. 01-05, § 46-383, 3-15-2005)

(a)

Sign materials, colors and message. Materials, colors and shapes of proposed signs and sign structures should be compatible with the related buildings. Colors of paints, stains and other finishes or materials shall be nature-blending, with no more than four colors, including black and white, used on any sign. Fluorescent colors are prohibited. Signs shall respect the overall architectural composition of the building and its scale, and not overwhelm the facade. Signs shall not cover up or interrupt major architectural features of a building. The sign message shall be limited to the name, street address and other identification of the business or establishment, including any logo, trademark or service mark.

(b)

Wall sign. Wall signs shall be limited to one sign per business. However, where the business has frontage on more than one street, with building entrances on each street, one such sign will be allowed per street frontage meeting those requirements. The sign surface area oriented toward a specific street shall not exceed the allocation derived from the building frontage on that street. If a building does not front on a street, the administrator shall determine the sign area for the building as if the building had street frontage. No portion of the sign shall extend above the parapet or eave line. A wall sign may be attached to an overhanging eave, but the sign must be at least seven feet above the surface of any pedestrian walkway underneath the sign. No sign or supporting structure may be located over the traveled portion of any right-of-way, sidewalk or public walkway without an encroachment permit. The wall sign may consist of an individual logo and individual letters. The logo and letters shall be full-face, box-type with opaque plastic facing and, if illuminated, shall have fluorescent back lighting. The logo and letters shall have colors that are nature blending, a matte-finish, and a non-reflective surface.

(c)

Awning sign. Awning signs shall be limited to one sign per business. However, where the business has frontage on more than one street, with building entrances on each street, one such sign will be allowed per street frontage meeting those requirements. Lettering and the logo, trademark or service mark of the business or establishment may be displayed on the drop flap of the awning, and the letters shall not exceed eight inches in height. No portion of the sign message may be displayed on the main sheet of the awning. The framing for the awning must be at least eight feet above the ground or sidewalk, and the skirt on the bottom of the awning must be at least seven feet above the ground or sidewalk.

(d)

Window sign.

(1)

A window sign, consisting of individual letters applied directly to the inside surface of the window glass, shall be allowed. The sign must be in proportion to window size. Window signs shall not exceed 12 square feet, nor fill up more than 20 percent of the window area, whichever less. Maximum letter height shall be eight inches.

(2)

In addition to the above, temporary window signs, constructed of paper, cloth or similar material, are permitted for the purpose of advertising a special sale or special promotion. Such a sign may be attached to the interior of a building window. The sign may not cover more than 25 percent of the window in which it is placed. The sign must be removed within 15 business days after placement.

(e)

Projecting sign. Projecting signs shall be limited to one sign per business. However, where the business has frontage on more than one street, with building entrances on each street, one such sign will be allowed per street frontage meeting those requirements. No portion of the sign shall extend more than ten feet above the ground level or extend above the parapet or eave line. The bottom of the sign must be at least seven feet above the ground or sidewalk. Projecting signs shall be attached to the building through the use of a decorative bracket.

(f)

Multiple occupancy buildings. Where a single lot contains a building with multiple tenants thereof, the sign area in connection therewith may not exceed 45 square feet. All multi-tenant signs must be designed to allow changes in tenant occupancy. Unused tenant identification areas shall be filled with matching decorative panels.

(g)

Theaters. A theater, whose primary function is to provide musical, dramatic or motion picture performance, may add a message board to its wall sign. The wall sign otherwise permitted for the business or property may be increased by 20 square feet for the purpose of displaying the message board information. Any message board area shall have colors and materials that are similar to the sign itself. The changeable letters shall be securely fastened to the sign face and shall be neatly maintained.

(h)

Menu boards. One ground-mounted menu board per site shall be permitted. The sign shall be used for the purpose of displaying menu items and prices. The area of the sign shall not exceed 15 square feet, and that area shall be in addition to the allowable sign area for the building or premises. This sign may have a plastic face and be internally illuminated.

(i)

Automated teller machine signage. Automated teller machines can be identified by one sign not to exceed six square feet in size, which must be installed at the specific location of the ATM, and shall be wall-mounted or on the ATM device. Such sign shall be in addition to the allowable sign area for the business. This sign may have a plastic face and be internally illuminated. Such sign can display the name of the particular type of machine or banking service in letters not to exceed four inches in height. Credit card decals shall be limited to a small, unobtrusive size, and the group of decals shall not cover an area larger than one square foot. The decals shall be placed on the face of the machine.

(j)

Marquee. All marquees, including the anchors, bolts, supports, rod and braces thereof shall be constructed of incombustible materials, and shall be properly guttered and connected by downspouts to the storm drains so that the water therefrom shall not drip or flow onto adjacent property. No portion of a marquee shall be less than ten feet above the level of the sidewalk or other public thoroughfare. No marquee shall be permitted to extend beyond a point one foot inside the curbline, or be wider than the entrance of the building, plus five feet on each side thereof; provided, however, that where the entrances to a building are not more than 20 feet apart, a marquee may be made a continuous single structure above such entrances.

(Ord. No. 01-05, § 46-384, 3-15-2005)

(a)

Sign face area.

(1)

The area of a sign enclosed in frames or cabinets is determined by measuring the outer dimensions of the frame or cabinet surrounding the sign face. Sign area does not include foundations or supports. Only one side of a double-faced or V-shaped, freestanding sign is counted.

(2)

For signs on a base material and attached without a frame, such as a wood board or plexiglass panel, the dimensions of the base material are to be used in the measurement unless it is clear that part of the base contains no sign related display or decoration.

(3)

For signs constructed of individual pieces attached to a building wall, sign area is determined by a perimeter drawn around all the pieces.

(4)

For sign structures containing multiple modules oriented in the same direction, the modules together are counted as one sign face.

(5)

The maximum surface area visible at one time of a round or three-dimensional sign is counted to determine sign area.

(6)

For signs incorporated into awnings, the entire panel containing the sign is counted as the sign face unless it is clear that part of the panel contains no sign related display or decoration.

(b)

Clearances. Clearances are measured from the grade directly below the sign to the bottom of the sign structure enclosing the sign face.

(Ord. No. 01-05, § 46-385, 3-15-2005)

(a)

The lawful use of any permanently mounted sign existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter, except those declared abandoned or dilapidated, which shall be removed or remedial action taken upon notification by the zoning administrator.

(b)

Nonconforming permanent signs shall be removed or brought into conformity whenever the following occurs:

(1)

Property changes ownership and the name of the business is to be changed; or

(2)

The occupancy classification of the building is changed.

(c)

Any existing sign, which is subsequently abandoned, shall be removed, and any existing sign exceeding the allowable face area by 25 percent, and which is subsequently destroyed or damaged to the extent of 60 percent or more of its replacement cost, shall be removed or brought into conformity with these regulations.

(d)

Any nonconforming temporary sign shall be removed or brought into conformity no later than 60 days following the effective date of this chapter.

(e)

An order under this section shall be issued in writing to the owner or responsible party of any such sign, or of the building or premises on which such sign is located to comply within 30 days time. Upon failure to comply with such notice, the zoning administrator may cause the sign to be removed and any costs of removal incurred in the process may be collected in a manner prescribed by law.

(Ord. No. 01-05, § 46-386, 3-15-2005)