It is the purpose of this subchapter to make provision to allow individual establishments to identify the nature of their enterprise, the products provided, the services provided, and their name. Further specific purposes of this subchapter are:

   (A)   To provide a reasonable balance between the need of the business owners to identify the enterprise, and the need of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs.

   (B)   To protect the public from hazardous conditions by requiring signs to conform with Building, Electrical and Life Safety Codes, and by prohibiting signs that obscure the vision of motorists or compete or conflict with traffic or warning signs.

   (C)   To provide for good visual communication to the public, whether they are traveling by foot or vehicle, so that the public may easily know of the location of individual establishment.

   (D)   To recognize that the required sue of the sign that provides adequate identification in pedestrian-oriented business areas is less than that required for signs in automobile-oriented areas.

(Ord. 948-03, passed 4-21-2003)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY. Subordinate or incidental to, and on the same lot or on a contiguous lot in the same ownership, as the building or use being identified or advertised.

   AWNING. A moveable, protruding, covered fabric shelter supported entirely from the exterior wall of a building that may be retractable or collapsed, and wholly or partially covering a pedestrian way with advertising on it or directional or informational.

   BILLBOARD. A free-standing off-premises sign, not exceeding 300 square feet per space, located off the premises upon which the commodity or service is located.

   BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy.

   BUSINESS. All activities in which a person engages or in which such person causes another to be engaged with the object of gain, benefit, or advantage, whether direct or indirect.

   CANOPY. A permanently-roofed shelter covering a sidewalk, driveway, or similar area, which may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extended from the ground.

   DIRECTIONAL INFORMATION. A free-standing or wall-mounted sign conveying information essential to the normal business activity of the premises upon which it is located.

   FRONTAGE. The horizontal, linear dimension of that side of the building or lot.

   GRAFFITI. An inscription, slogan, drawing, and the like crudely scratched or scribbled on a wall or other public surface.

   GROUND, FREE-STANDING. Sign detached from a building and supported by a bracing or pole structure

   HEIGHT OF A SIGN. The vertical distance measured from the elevation of the nearest sidewalk or, if there is no sidewalk within 25 feet from the lowest point of the finished grade on the lot on which the sign is located and within 25 feet of the sign, to the uppermost point of the sign or the sign structure.

   MAINTENANCE. The replacing, repairing or repainting of a portion of a sign structure, periodic changing of bulletin board panels, or renaming of copy that has been made unuseable by ordinary ware and tear, by nature or by accident.

   MURAL. A decorative or figurative painting or decoration, usually oversized applied directly to a wall or ceiling.

   NEON. An electrically charged gas contained within and enclosed transparent tube.

   PORTABLE. A sign capable of being moved from location to location without structural or support modifications at least perpendicular to the building.

   PROJECTING. A sign attached to a building, extending in whole or part eight inches from the building to which it is attached.

   ROOF. The cover of any building, including the eaves and similar projections.

   SANDWICH BOARD. A ground supported sign having at least two faces and placed on the premises outside the building.

   SIGN. Any writing, pictorial representation, decoration, form, emblem, trademark, banner, or any other figure of similar character that:

      (1)   Is a structure or any part thereof;

      (2)   Is written, printed, projected, painted, constructed, or otherwise placed or displayed upon or designed into a building, board, plated, canopy, awning, or vehicle or upon any material, object or device whatsoever; and

      (3)   By reason or its form, color, wording, symbol, design, illumination, or motion, attracts or is design to attract attention to the subject thereof or is used as a means of identification advertisement or announcement.

   SIGNAGE AREA. Area of the building designed for a sign by the architect.

   TEMPORARY. A sign intended to be displayed for a limited period of time. A sign displayed for no more than 30 days.

   WALL SIGN. A sign attached to and erected parallel to the outside wall of a building, mounted flush to the wall and which displays only one face.

   WINDOW. The transparent or translucent portion of an opening in an exterior wall of a structure.

   This chapter shall apply to all land within the corporate limits of the city.

(Ord. 948-03, passed 4-21-2003)

   (A)   All signs shall be structurally safe and securely anchored and properly maintained. The owner of any sign and the owner of the premises upon which it is located shall be responsible for maintenance and for the removal of such sign if and when it is abandoned, no longer functional unsafe, or unmaintained.

   (B)   No sign shall constitute a nuisance to either an adjacent property owner or the general public. (To be reviewed by Building Inspector with recommendation to the Lead City Commission).

   (C)   No sign shall conflict with the clear and obvious appearance or public devices controlling traffic or emergency vehicles.

   (D)   Ground signs on public property shall be first approved by the Historic Preservation Commission. Ground signs on vacant lots will go against the lots allowable square foot per signage and shall not exceed two square feet per frontage foot of the lot.

   (E)   Temporary signs or banners on or over public property shall be permitted by the Building Inspector.

   (F)   Upon either the written or verbal permission of the Building Inspector, or one of his or her agents, professionally made temporary signs or banners may be placed on or over private property, and may be displayed for a period not to exceed 30 days. If the temporary signs or banners are deemed offensive by the Building Inspector, upon notification by the Building Inspector, the temporary sign or banner must be removed immediately with the Building Inspector making recommendation to the Lead City Commission for final decision as to whether or not it is offensive.

   (G)   Signs projecting over a street, alley or other public place shall project not more than ten feet and be no closer than two feet to a plumb line from curb line. Clearance below such signs shall be a minimum of eight feet six inches.

   (H)   Signs along any state highway shall conform to the legally executed agreement between the city and the State Department of Transportation where applicable.

   (I)   Commercial signs in Residential Districts shall be issued by the Planning and Zoning Commission under the variance procedure.

   (J)   Graffiti signs shall not be permitted.

   (K)   Non-conforming signs upon 30 days written notice by the Building Inspector shall be removed. Refusal may be subject to fine.

   (L)   Advertising wall and protruding signs shall be restricted to the business occupying the premises upon which the sign is located with the exception of historical signs being renovated.

   (M)   In the event that a business closes for a period exceeding 60 days, upon written notification by the Building Inspector, all signs and their support systems advertising such business shall be removed. An extension may be granted by the Building Inspector.

   (N)   Billboard(s) shall not exceed 300 square feet in area and shall not be permitted within 100 feet of another billboard. The governing body of the city reserves the exclusive right in its sole discretion to deny a permit based upon the particular facts and circumstances of each individual case including but not limited to size of the billboard and/or lot, content of the billboard, and location of the billboard.

   (O)   All signs along any state or federal highway shall comply with all city, state and federal regulations.

   (P)   Roof signs may be permitted on the basis that the prepared sign does not extend above the peak of the roof line unless it is parallel with the peak of the roof sign must also be parallel to peak to extend above.

   (Q)   Any exterior, portable, freestanding or unattached signs, such as, but not limited to, a sidewalk sign or sandwich board sign shall not be allowed unless placed a minimum of three feet from the street or if granted a variance granted by the Planning and Zoning Commission with recommendation to the Lead City Commission.

   (R)   Paper signs larger than 11 inches by 17 inches will not be allowed, signs smaller than 11 inches by 17 inches are allowed without permit.

   (A)   Home occupation identification signs not to exceed one per principal structure or one square foot in area, placed against a wall of the primary structure and not lighted.

   (B)   One temporary sign, unlighted and not exceeding six square feet, wall-mounted or ground type, such as real estate signs are allowed without permit. Real estate signs shall be maintained in good repair and removed upon the sale of the affected property.

(Ord. 948-03, passed 4-21-2003)

   (A)   General regulations. Signs in Commercial Districts shall be permitted by the following formula:

      (1)   Wall signs shall be allowed two square feet per building frontage foot.

      (2)   Projecting signs shall be allowed two square feet per street frontage foot.

      (3)   Total signage shall not exceed two square feet per street frontage foot.

   (B)   Free-standing signs located within 25 feet of a street curb line and determined to constitute a potential traffic safety hazard shall have a minimum vertical clearance of ten feet above the crown of the adjacent roadway.

   (C)   Signs attached to awnings, canopies, or marques shall maintain a minimum of seven feet clearance above grade.

   (D)   The following regulations shah apply to hotels, motels and enclosed and strip malls.

      (1)   Motels, hotels. Wall-mounted and free-standing signs shall not exceed two and one-half square feet per face for every unit.

      (2)   Cabins, camps, campgrounds. Wall-mounted and free-standing signs shall not exceed five square feet per face per cabin unit or defined camping space.

      (3)   Strip malls. Wall-mounted signs shall not exceed two square feet per business frontage foot. Free-standing signs shall not exceed two square feet per face for each business space frontage foot. Total square feet shall not exceed five square feet per business frontage foot.

      (4)   Enclosed malls.

         (a)   Outside wall-mounted signs shall be permitted based on a formula of one square foot for every 100 square feet of business space.

         (b)   Free-standing signs, limited to two per enclosed mall, shall not exceed 300 square feet per face.

(Ord. 948-03, passed 4-21-2003)

   (A)   General regulations. Signs in designated Historic Districts are of special interest to the city and its Planning and Historic Preservation Commissions. To protect the integrity of these special districts, particular scrutiny will be given to signs proposed for these areas.

   (B)   Performance standards.

      (1)   Sign size shall be appropriate to the architectural signable area of the structure upon which it is placed.

      (2)   Materials of sign construction shall be appropriate to the historic character of the District, including color and texture.

      (3)   Unlighted fabric awning and canopy signs are encouraged. Plastic awning and canopy signs shall not be permitted.

      (4)   Signs, awnings and canopy signs shall be professionally constructed. Homemade signs and awnings shall be closely reviewed . LHPC may request to see homemade signs before approval.

      (5)   Neon signs shall not be permitted.

   The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provision of this code or any other law or ordinance regulating the same.

   (A)   The changing of the advertising copy or message on a painted or printed sign, theater marquess and similar signs specifically designated for the use of replaceable copy of previously approved sign.

   (B)   Painting, repainting or cleaning of an advertising structure, or the changing of the advertising copy or message thereon, shall not be considered an erection or alteration which requires a sign permit, unless a structural change is made on previously approved sign.

   (C)   Real estate signs advertising, residential or commercial property for sale so long as the placement of such signs are in conformance with requirements of these regulations.

   (D)   Signs of any type displayed on the interior of a business.

   (E)   Wall-mounted or free-standing informational or directional sign not exceeding two square feet.

   (F)   Manufacturers' product signs, common to the industry, being promoted or advertised as long as they conform with other sections of the regulations.

   (G)   Historic signs, including those painted on the exterior of a structure.

   (H)   Paper signs 11 inches by 17 inches or smaller.

(Ord. 948-03, passed 4-21-2003)

   Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant materials. The Building Inspector shall have the authority to inspect and to order the painting, repair, alteration of a sign that constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation or obsolescence. The cost of such painting, repair, alteration, or removal shall be at the expense of the property owner or person entitled to possession of the property or sign.

(Ord. 948-03, passed 4-21-2003)

   It shall be unlawful to erect, construct, reconstruct, alter, maintain or use any sign that is in violation of these regulations.

(Ord. 948-03, passed 4-21-2003) Penalty, see § 155.999