A.

The purpose of this sign code is to create the framework for a comprehensive and balanced system of content- and viewpoint-neutral regulation of signs to facilitate easy and pleasant communication between people while protecting the First Amendment rights of resident individuals and businesses of the city and preserving and improving the quality of the city's environment by avoiding visual clutter harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance.

B.

This chapter is intended to:

1.

Promote public safety, order and cleanliness;

2.

Prevent needless visual cluttering within the city;

3.

Promote aesthetics and the quality of community life;

4.

Reduce distraction of motor vehicle operation by signage;

5.

Provide a means to display signs compatible with their surroundings, and legible to the driving public; and

6.

Impose the least regulation and restriction on the expression of opinions and the conveying of information while accomplishing the above purposes.

(Ord. No. 8034, § 1, 3-14-2017)

A.

No sign in the city shall be permitted in any district except in accordance with the provisions of this sign code.

B.

This sign code does not apply to signs erected in the public right-of-way, which are regulated by other processes and does not apply to signs erected wholly within a building and not visible outside of the building.

C.

All signs permits requested under this article, if they lie within an historic district, are subject to prior review and approval procedures found in article 9, historic preservation regulations.

(Ord. No. 8034, § 1, 3-14-2017)

The following principles shall control the computation of sign surface, sign face and sign height:

A.

Computation of sign face of individual signs. The entire area within a single continuous rectangle enclosing all elements (individual letters and/or logo) of the sign which form an integral part of the display including the perimeter border.

B.

Computation of area of multi-face signs. Only one side of a multi-faced sign shall be considered when determining the sign area, provided that the faces are equal in size and the interior angle formed by the faces is less than 45 degrees. When these conditions are not met, all faces of the sign shall be considered in calculating the sign area.

C.

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at average grade to the top of the highest attached component of the sign.

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8097, § 1, 3-12-2019; Ord. No. 8238, § 1, 3-12-2024)

A.

Permits required.

1.

Except as otherwise provided in this appendix, it shall be unlawful for any person to erect, construct, enlarge, move, modify, alter, or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for such sign as required by this appendix. Issuance of a permit is contingent upon the sign being in compliance with all applicable laws and regulations of the city.

2.

Every sign permit issued by the director shall become null and void if installation is not commenced within 120 days from the date of approval of such permit. If work authorized by such permit is suspended or abandoned for 120 days from the date of permit approval, a new permit shall be required for such work, even if no changes have been made to the original sign plan.

3.

Required information. Application shall be made upon forms furnished by the planning and community development department and shall be accompanied by such information as may be required to ensure compliance with all appropriate laws and regulations of the city.

B.

Fee increase for failure to obtain permit. If the director discovers or is informed of a sign constructed or being constructed that requires a permit that has been constructed, installed, or erected without a permit according to this sign code, she/he shall collect three times the permit fee specified for the type of sign in question.

C.

Signs excluded from permit. The following signs are not required to have a permit; however, these signs shall otherwise comply with this section and all other applicable provisions of the sign code.

1.

Directional signs.

2.

Holiday decorations.

3.

Home security and neighborhood watch signs.

4.

Identification signs.

5.

Official signs.

6.

Name plate signs. Where multiple tenants share the same rear door, the sign may display the name and address of each tenant. These signs shall not exceed four square feet.

7.

Window signs, as further described in subsection 8.10 E. of this appendix.

8.

Contractor signs. One free-standing, non-illuminated contractor's sign, not to exceed eight square feet of sign surface, shall be permitted for each contractor if the property is zoned residential, or not to exceed 32 square feet if the property is zoned other than residential. The sign shall not be installed before commencing work on the project or the issuance of a building permit for the project and the sign shall be removed upon completion of the project.

9.

Public interest signs that do not exceed the size limitations.

10.

Address signs.

11.

Commercial real estate signs not exceeding 32 square feet in area per sign face with two faces permitted. Signs shall not exceed eight feet in height. Signs are limited to one sign per street frontage, with a maximum of two signs for each project. Signs must be located at least ten feet from the edge of the curb or behind any existing public sidewalks and may not be illuminated or have an electronic changeable face.

12.

Residential real estate signs not exceeding three square feet in area. Signs are limited to one on-premises sign per street frontage, and two off-premises signs permitted only with permission of property owner. Signs must be located at least ten feet from the edge of the curb or behind any existing public sidewalks and may not be illuminated or have an electronic changeable face.

13.

Garage sale signs may only be placed at the site of the sale. All garage sale signs shall be removed immediately upon completion of the sale. Garage sale signs include sample and yard sale signs. Garage sale signs shall not exceed four square feet per sign, with two faces per sign permitted. A garage sale permit shall be obtained as required by the city code of ordinances.

14.

Signs carried by a person.

15.

Costumed people promoting a business or event.

16.

Flags, pennants, emblems, memorial tablets, cornerstone etches, monuments and insignia of any governmental body, public or private school, church, synagogue or other place used primarily for worship, community centers, or other public, semi-public, or civic organizations or other similar noncommercial entity, when not displayed in connection with a commercial promotion or as an advertising device, provided that not more than three flags, pennants or insignia shall be displayed on any building, structure or premises, unless specifically herein provided. Any other provisions as applicable regarding display of the American flag as contained in Title 4, U.S. Code.

17.

Integral decorative or architectural features of buildings, so long as these features do not contain letters, trademarks, moving parts or lights.

18.

Decorative landscape markers, which may include logos or trademarks.

19.

Signs attached to a currently licensed, operational and legally parked or legally moving vehicle.

20.

Temporary signs containing noncommercial messages at churches, synagogues and other similar places of worship, community centers, public and private schools and buildings or structures owned or leased and used by other public, semi-public, or public service organizations.

21.

Special event signs shall be exempt from a permit as follows: Signs of a temporary nature for campaigns, drives, seasonal events of civic or philanthropic organizations not to exceed 32 square feet. These signs must be placed on private property and must be removed within three days after the event.

22.

A new sign permit shall not be required unless, (a) the existing sign base, pole, or face is nonconforming to these regulations, or (b) the existing sign base or pole is going to be relocated, changed, or enlarged.

23.

Political signs may be placed on private property only after permission has been granted by the owner of the property or his or her authorized agent. In commercial or industrial areas, signs shall not exceed 32 square feet in area per face. In residential areas, signs shall not exceed three square feet per face.

24.

Contractor signs as further defined in subsection 8.07 C.

25.

Decorative light pole banners, which may not include any business or advertising information.

(Ord. No. 8097, § 1, 3-12-2019; Ord. No. 8107, § 1, 7-23-2019; Ord. No. 8164, § 1, 6-8-2021)

All persons, firms, or corporations engaged in the business of sign or billboard fabrication, erection, installation or maintenance within the corporate limits of the city shall comply with the provisions of this section.

A.

License required. There shall be an annual license and fee for each person, firm, or corporation engaged in the business of sign installation, hanging and erecting signs and billboards.

B.

Subcontractors. All persons engaged in the business of sign fabrication, installation and the erection of signs and billboards shall obtain such a license, except those who are employed by contractors carrying a license.

C.

Certificate of insurance required. All persons, firms, or corporations engaged in the business of sign or billboard fabrication, installation, or erection shall file a certificate of insurance with the city clerk before installing, erecting, or maintaining any sign or billboard. The certificate of insurance shall be in the amount of bodily injury liability $100,000.00 each person, $300,000.00 each accident and property damage liability: $25,000.00 each accident or a good and sufficient bond in the same amounts shall be filed with and approved by the city clerk or duly authorized representative. The certificate or bond shall state that the policy or bond shall not be cancelled or in any manner amended, changed, or altered without giving the authorized representative five days written notice thereof. If a surety bond is provided in lieu of a certificate of insurance, such bond shall be approved and shall be conditioned for the installation and erection of signs in accordance with the ordinances of the city and the laws of the state, and shall provide for the indemnification of the city for any and all damages or liability which may accrue against it by reason of faulty installation, erection, demolition, repair, removal, or defects in or collapse of any sign for a period of one year after erection and for such period of time that such a sign is maintained or serviced by or under the direction of the maker of such bond. Such bond shall further provide for the indemnification of any person who shall, while upon public property or in any public place, incur damage for which the principal named in the bond is legally liable.

D.

Revocation of an installer's license. If at any time within any rolling six-month period any holder of a sign installer's license is found to have erected more than two signs without a permit, the director shall notify the holder that the license is revoked.

(Ord. No. 8034, § 1, 3-14-2017)

A.

Maintenance. All signs, together with all of their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The sign surface of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a clean, sanitary, and inoffensive condition and free and clear of all obnoxious substances, rubbish, and weeds. All maintenance required is the responsibility of the owner of the sign. Where sign ownership cannot be determined, the property owner is responsible for the maintenance of the sign. Failure to maintain signs shall result in citation and/or city-ordered correction as permitted.

B.

Sign illumination. Signs may be internally or indirectly illuminated unless specifically prohibited elsewhere by this sign code. All illuminated signs, including electronic changeable message signs and digital billboards, shall comply with the National Electric Code and other codes as applicable. Illuminated signs shall not be permitted in residential districts unless specifically allowed by this sign code. All electronic changeable message signs shall comply with the performance standards herein.

C.

Electronic signs subject to safety review. Electronic changeable message signs and digital billboards within a sight line of any traffic control or safety device signal shall be subject to approval by the city engineer. Signs found by the city engineer after their installation to be hazardous to the traveling public shall be immediately disabled and the burden of demonstrating an alternative location or method of display for that sign shall be the responsibility of the property owner.

D.

Inspections. All signs for which a permit is required shall be subject to inspection by the director or his/her designee. Footing inspections shall be required by a building inspector for all signs that have footings. All signs containing electrical wiring shall be subject to the provisions of the governing electrical code; electrical components shall bear the label of an approved testing agency and shall be subject to inspection by the city electrical inspector. The city may order the removal or repair of any sign that is not maintained in accordance with the provision of this sign code.

E.

Substitution of message. For any sign authorized in any zoning district, a noncommercial message may be substituted for any allowed commercial message or any other allowed noncommercial message, provided that the sign is legal without consideration of message content. If the sign is one for which no sign permit is required, the message substitution may be made without additional approval. The purpose of this provision is to prevent inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not allow for the substitution of an off-premises commercial message in place of an on-premises commercial message.

F.

Materials. All attached signs and free-standing signs shall be constructed of materials generally used for permanent signage. A vinyl, fabric, or other similar material banner may not be utilized for a permanent attached or free-standing sign.

(Ord. No. 8034, § 1, 3-14-2017)

The following signs shall be permitted in all zoning districts; permits shall be required unless excluded from the permit requirements.

A.

Official governmental jurisdiction flags, including flags indicating weather conditions, and flags that are emblems of religious, charitable, public, and nonprofit organizations. No flag shall exceed 50 square feet in area. Title 4 of the United States Code provides instructions on how to display the flag of the United States.

B.

One freestanding directional sign shall be permitted at each entrance to a building site and at each entrance to a drive-thru facility when zoned commercial, office or industrial. Such signs shall not be located on the right-of-way and shall not block vision to traffic Such signs shall not exceed four feet in height, shall not exceed four square feet of area per sign face, and may be single or double-faced. One directional wall sign shall be permitted for each exterior wall of a business. Such signs shall not exceed six square feet in area. Such signs may indicate entrances, exits, addresses, direction of traffic flow, and the location of loading docks, parking areas, delivery doors, drive-thru lanes, and similar facilities. Up to 25 percent of the area of the sign may be used to display the name or logo of the developer, building or principal tenant. These signs are not computed as part of allowable signage and will not be subject to spacing restrictions. Directional signs shall not be electronic changeable message signs.

C.

Contractors' remodeling signs identifying the contractor(s) who perform remodeling or property improvement work are permitted. Not more than one sign, not to exceed eight square feet, shall be permitted for each contractor if the property is zoned residential, or not to exceed 32 square feet if the property is zoned other than residential. Said signs shall not be installed before commencing work on the project or the issuance of a building permit for the project and the sign shall be removed within 80 days of completion of the project. Contractor's remodeling signs may be a non-affixed sign, but shall not be an illuminated sign or an electronic changeable message sign.

D.

Address signs that do not exceed two square feet in areas zoned residential and three square feet in areas not zoned residential and may include the name of a legal home occupation. Address signs shall not be an illuminated signs or electronic changeable message sign

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8238, § 1, 3-12-2024)

TABLE 8-01: RESIDENTIAL SIGNAGE STANDARDS

The following types of signs are permitted in residential districts, in accordance with the requirements set forth or referred to herein:

A.

All signs as regulated and permitted in section 8.07, signs permitted in all districts.

B.

A six square foot home-based business sign.

C.

Temporary signs, not specifically otherwise identified by sign type, conforming to the restrictions set forth herein are allowed as follows:

1.

Three temporary signs are permitted on any lot.

2.

These temporary signs may be double faced, and have a sign face no larger than three square feet.

D.

In lieu of the temporary signs permitted herein a real estate sign not exceeding six square feet per sign face, with two faces per sign are permitted. The maximum height of the sign shall not exceed six feet. A maximum of one sign per street frontage shall be permitted.

E.

Undeveloped land over five acres in size shall be allowed two "For Sale" signs not to exceed 40 square feet in area per sign face, with two sign faces permitted. No sign shall exceed ten feet in height.

F.

In lieu of the temporary signs permitted a sign designating an open house may be erected at the site of an open house. No open house sign shall exceed six square feet per sign face with two faces per sign permitted. One sign face shall be allowed in lieu of each one of the temporary signs permitted by subsection B. above. The maximum height of the sign shall not exceed six feet. Open house signs shall be removed immediately upon completion of the open house. Such signs shall comply with the real estate sign restrictions except as specifically restricted herein.

G.

Permanent property identification signs may be permitted at each entrance to a neighborhood, subdivision, or residential development in accordance with subdivision plat approval.

H.

Public and semi-public buildings. Churches, schools, libraries, community centers, hospitals, or other public/semi-public facilities located in a residentially zoned district shall be allowed signage as regulated and permitted in section 8.10, signs permitted in the neighborhood business district (NBD).

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8097, § 1, 3-12-2019; Ord. No. 8164, § 1, 6-8-2021; Ord. No. 8238, § 1, 3-12-2024)

The following signs shall be permitted in the MP zoning district as set forth herein.

A.

All signs as regulated and permitted in section 8.07, signs permitted in all districts.

B.

For rental and/or management offices, one identification sign not exceeding 12 square feet in sign surface, attached flat against the wall is allowed.

C.

Other signs as reviewed and approved as part of a rezoning request may be allowed.

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8164, § 1, 6-8-2021)

TABLE 8-02. NBD SIGNAGE STANDARDS

[1] Projecting signs are allowed as regulated by subsection 8.10 B.2.

The following signs shall be permitted in the neighborhood business district and residential mixed use district:

A.

All signs as regulated and permitted in section 8.07, signs permitted in all districts.

B.

Signs attached to a building shall be allowed as follows:

1.

One wall sign shall be allowed for each side of the structure. A structure with multiple businesses may have one sign for each separate business. Each separate business shall have clearly defined exterior wall space and the size of that wall space shall be the determining factor on sign size allowance. The sign surface shall not exceed 96 square feet or ten percent of the wall surface, whichever is less. This wall sign may be an electronic changeable message sign, provided it complies with the applicable standards for same.

2.

A projecting sign that does not project from a building greater than a distance of six feet, does not encroach in the public right-of-way, and maintains eight feet of clearance from grade is permitted. In computing the square foot allowance for a projecting sign, the total area of the sign surface shall be included in the total area allowed for all wall signs, but shall not be larger than 24 square feet. Projecting signs do not reduce the number of wall signs as regulated by the zoning district, however, only one projecting sign shall be allowed per business.

C.

One free-standing sign shall be allowed per parcel, regulated as follows:

1.

Free-standing signs shall not exceed 15 feet in height.

2.

No part of a free-standing sign face, frame, or base shall be closer than five feet to the public right-of-way or side or rear property line and shall not obstruct traffic vision.

3.

Free-standing signs may have two faces and shall not exceed 32 square feet per face, or one square foot of sign per linear foot of lot frontage, whichever is less.

4.

No free-standing sign face, frame or base shall be closer than 50 feet to another free-standing sign.

5.

Separate and distinct street frontages shall be computed individually for allowable signage; however, signs shall be located on the street frontage that is used for computation. (No accumulation is allowed for unused street frontages.)

6.

The allowed free-standing signs may be electronic changeable message signs, provided they comply with all other standards in this article addressing lighting, safety, and electronic changeable messages.

D.

One sandwich board (A-frame) sign that meets the following requirements per street frontage is allowed as follows:

1.

A permit shall be required for sandwich board signs. Permits are good for the life of the sign.

2.

Sandwich boards signs shall be on-premises signs.

3.

The sign may be located on the public sidewalk or the planting strip adjacent to the edge of the street on which it fronts. Signs shall not be placed in any raised streetscape or publicly-owned planters.

4.

The sign may not exceed six square feet in area per side and may have no more than two sides for the display of messages.

5.

The spread of the "A" at the open end shall be sufficient to ensure stability and no wider.

6.

Signs shall be adequately weighted to resist wind gusts.

7.

Chalkboard, whiteboard, changeable letters, and any other non-electronic changeable or erasable surfaces are permitted.

8.

All signs shall be in good repair and neatly painted. No attachments to signs are permitted, other than brochure pockets.

9.

Creative shapes that reflect the theme of the business are encouraged (e.g., ice cream shops may display a sign in the shape of an ice cream cone).

10.

The sign must be constructed of materials that present a finished appearance. Rough-cut plywood is not acceptable. The sign lettering should be professionally painted or applied; a "yard sale" or "graffiti" look with hand-painted or paint-stenciled letters is not acceptable.

11.

The sign shall not be an electronic changeable message sign or be an illuminated sign.

12.

The sign shall be displayed only during business hours and stored inside after hours.

13.

The placement of the sandwich board sign shall not impede pedestrian or wheelchair travel in the vicinity of the sign or otherwise create a traffic or other safety hazard by obstructing vision or otherwise, as determined by the person designated by the director to enforce the provisions of this sign code.

14.

The owner must assume liability for damage or injury resulting from the use of a sandwich board sign and provide the city with an appropriate legal document satisfactory to the city clerk holding the city harmless and indemnifying it for any resulting loss or injury.

15.

Except as otherwise provided in this sign code, a sandwich board sign may be posted for so long as it remains in good condition. Once a sandwich board sign is tattered or otherwise is no longer in good condition, it shall be removed or replaced.

16.

If the director determines that a sandwich board sign is not in good condition, the property owner shall be notified of that determination and shall remove, repair or replace the sign within three days of that notification. Signs that are not removed, repaired, or replaced within three days of the notification shall be deemed a nuisance and shall be subject to abatement or removal by city staff. The director's determination that a sandwich board sign is not in good condition may be appealed to the city commission under the procedures set forth in this article.

17.

One temporary sign, as otherwise restricted and permitted herein this sign code, is allowed on any lot.

E.

Window signs shall be allowed as follows:

1.

The window sign shall not obstruct more than 33 percent of the window area for each front, side or rear wall, provided that the total sign surface shall not exceed 32 square feet, per side of the building. For the purposes of this subsection, the term "window area" includes the non-opaque parts of any doors or other fenestrations.

2.

The allowable window sign area as defined herein may be illuminated.

3.

Window signs constructed of neon, stained glass, gold leaf, cut vinyl, and etched glass are allowed.

4.

Painted signs shall display the highest level of quality and permanence, as determined by the director.

5.

No message or identification (i.e., the name of establishment or the services offered) may be displayed more than once within the permitted total sign surface area per each front, side or rear wall.

6.

The listing of an establishment's hours of operation shall be exempt from these regulations, provided that the area of the sign containing hours of operation shall be no greater than two square feet.

7.

The listing of directional information (i.e., "parking in rear" or "use other door") shall be exempt from these regulations; provided that the area of the sign containing directional information is no greater than three square feet.

8.

The use of window framing (i.e., a continuous light source illuminating the perimeter of an individual windowpane or a group of windowpanes) is prohibited.

9.

Accessible doors to a business establishment shall be limited to the following types of window signage:

(a)

Business name;

(b)

Hours of operation;

(c)

Phone number;

(d)

Building or tenant address;

(e)

Website; and

(f)

The use of dark, opaque background panels for internally illuminated signs or letter faces is required to reduce the glare or glow of such signs.

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8164, § 1, 6-8-2021)

TABLE 8-03: OBD, CBD, GBD, I-1 & I-2 SIGNAGE STANDARDS

[1] Maximum 10% of wall surface to which signs are attached.

[2] Projecting signs are allowed as regulated by section 8.11.C.5.

[3] When located across street from commercial or industrial use, height may be increased per section 8.11.D.1.

[4] Size may not exceed 1 s.f. per lineal foot of frontage in OBD or CBD, and 2 s.f. per lineal foot of frontage in GBD, I-1 & I-2.

_____

A.

All signs as regulated and permitted in section 8.07, signs permitted in all districts.

B.

Signs as regulated and permitted in the NBD.

C.

Signs attached to a building shall be allowed as follows:

1.

One sign shall be allowed for each side of a structure or part of a structure clearly defined as an individual storefront. An individual storefront shall have an exterior wall clearly related to the interior space of that storefront and may or may not have windows or an entrance door to the inside of the building.

2.

The sign surface area shall not exceed 96 square feet in Office Business District (OBD), 150 square feet in Central Business District (CBD) and 500 square feet in General Business District (GBD) and Light and Heavy Industrial Districts (I-1 & I-2) or ten percent of the wall surface to which the sign(s) are attached, whichever is less.

3.

The permitted signs may be wall signs, projecting signs, mansard signs, roof signs, or marquee signs. A roof sign shall not exceed the highest point of the roof of the structure. A marquee sign may be an electronic changeable message sign.

4.

The signage permitted herein may be an electronic changeable message sign, provided it complies with all applicable standards.

5.

Projecting signs shall not project from the wall greater than a distance of six feet or encroach in a public right-of-way in OBD, GBD, I-1 or I-2 and shall maintain eight feet of clearance from grade. Projecting signs in the CBD may encroach in the right-of-way, but shall be constructed of approved nonflammable, safety material, shall maintain eight feet of clearance to grade, and shall not be closer than five feet to a curb line.

6.

Projecting signs shall not exceed 24 square feet, unless a variance is approved by the board of zoning appeals, provided that no projecting sign shall exceed 48 square feet under any conditions. Projecting signs shall not reduce the number of signs allowed per wall as otherwise allowed by this Code.

7.

For any business or tenant that does not adjoin an exterior wall of the building in which they are located, or does not adjoin an exterior wall that directly fronts a public street, one wall sign shall be allowed on another exterior wall of the same building.

D.

One freestanding sign shall be permitted per parcel and regulated as follows:

1.

Freestanding signs shall not exceed 15 feet in height. Where a sign is located across the street from a property zoned for commercial or industrial uses, the height of the sign may be increased to a height of 25 feet, provided that the nearest edge of the sign is setback from the property line two feet for each additional one foot in height.

2.

No part of a freestanding sign face or sign structure shall be closer than five feet to any property line and shall not obstruct traffic vision.

3.

Freestanding signs may have two faces and shall not exceed 50 square feet per face or one square foot of sign per lineal foot of lot frontage, whichever is less, in OBD or CBD, and 100 square feet per face or two square feet of sign per lineal foot of lot frontage, whichever is less, in GBD, I-1 or I-2.

4.

No freestanding sign face, frame or base shall be closer than 50 feet to another freestanding sign.

5.

Separate and distinct street frontages shall be computed individually for allowable signage; however, signs shall be located on that street frontage which is used for computation (no accumulation is allowed for unused street frontage).

6.

The freestanding signs may be electronic changeable message signs, provided they comply with all applicable standards.

E.

Window signs, as otherwise restricted and permitted herein shall be allowed provided that:

1.

The total window sign area in a tenant space shall not exceed 33 percent of the window area, for each front, side or rear wall, provided that, the total sign surface shall not exceed 150 square feet per side of the building. For the purposes of this subsection, the term "window area" includes the non-opaque parts of any doors or other fenestrations.

2.

The allowable window sign area as defined herein may be illuminated and may be an electronic changeable message sign.

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8132, § 1, 7-14-2020; Ord. No. 8197, § 1, 10-11-2022; Ord. No. 8238, § 1, 3-12-2024)

A.

The following restrictions, in additional to any other restriction set forth in this sign code, shall apply to any permitted temporary sign.

1.

All temporary signs shall obtain a permit before placement except as otherwise specifically stated in this sign code.

2.

Application for a permit after placement shall cause the permit fee to triple.

3.

Temporary signs shall be set back a minimum of six feet from the street line.

4.

Temporary sign permits shall be for no more than 60 days.

5.

A temporary sign permit may be renewed for a second consecutive 60-day period.

6.

No business shall display a temporary sign for more 120 days in any calendar year.

7.

No business shall have more than one temporary sign displayed at any time except as otherwise specifically stated in this sign code.

8.

No temporary sign, except as otherwise specifically provided, shall have a sign surface greater than 25 percent of the allowable permanent signage which might be permitted per parcel.

9.

No temporary sign shall exceed 100 square feet in area. Example; a two-sided sign with 50 square feet of sign surface equals 100 square feet of sign area.

10.

No temporary sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant or any type of street furniture, or otherwise create a hazard, including a tripping hazard.

11.

Temporary signs shall not be posted on trees or utility poles.

12.

No temporary sign shall be placed off-premise or in any road right-of-way except as otherwise specifically stated in this sign code.

13.

No temporary sign shall be internally or indirectly illuminated or painted with light-reflecting paint.

14.

A temporary sign related to an event shall be removed no later than three days after the event has taken place.

15.

Except as otherwise provided in this sign code, a temporary sign may be posted for so long as it remains in good condition. Once a temporary sign is tattered or otherwise is no longer in good condition, it shall be removed or replaced.

16.

If the director determines a temporary sign is not in good condition, the property owner shall be notified of that determination and shall remove or replace the sign within three days of that notification. Signs that are not removed or replaced within three days of the notification shall be deemed a nuisance and shall be subject to abatement or removal by city staff. The director's determination that a temporary sign is not in good condition may be appealed to the city commission under the procedures set forth in this article.

17.

Temporary signs shall be allowed in the public right-of-way for 45 days immediately preceding any primary, general or special elections as defined by the Leavenworth County Clerk, and shall be removed two days following said election. The person, party or parties responsible for the erection or distribution of any such signs shall be jointly and individually responsible for their removal. All temporary signs placed in the public right-of-way during this time period shall be subject to the following size and setback distance regulations:

1.

Signs shall be set back a minimum of six feet from the back of curb.

2.

Signs shall not be placed where they interfere with intersection sight distances.

3.

Signs shall not exceed three square feet in face area and three feet in height.

4.

Signs shall not be affixed to any utility poles, trees, street lights, bridges, benches or other similar public structures.

18.

Any inflatable temporary sign shall be set back a distance from the curb at least equal to the fully inflated height of the sign.

B.

Excluded temporary signs.

1.

Temporary commercial signs carried by a person(s) are not regulated in these development regulations. However, if the sign is affixed to any structure or the ground at any time it becomes a regulated sign. Carried signs are not permitted within the public right-of-way.

2.

People dressed in costumes to further business or civic activities are not regulated in these development regulations.

C.

Specified types of temporary signs. In addition to the posting of temporary signs allowed by other sections of this sign code, the following specified types of temporary signs shall be permitted, as set forth herein, and shall be subject to permit fees unless otherwise exempted by this sign code.

1.

Special event banners: On private property used in commercial and industrial zoning districts banners may be used to announce a grand opening of a new business, special sale, or promotion. Banners may be used for 30 days after which time they must be removed. A new banner may be installed after the lapse of 60 days upon obtaining a new permit. Banners shall be attached securely to a building or structure and shall not create a nuisance as determined by the duly authorized representative.

2.

Searchlights: Searchlights may be used for announcing a grand opening and may be located on private property for a period not to exceed three consecutive days unless special circumstances authorized by the director warrant a longer duration. Special circumstances shall be described in writing by the owner or the agent associated with the grand opening promotion and shall be approved by the director prior to the establishment of the search light(s) on the business premises. No light emanating from such a device shall be cast on any adjacent property or building. Lasers are not searchlights and the use of lasers is prohibited.

3.

Balloons: Gas-filled balloons and figures up to 1,000 cubic feet in mass may be displayed to announce a grand opening of a new business in a commercial or industrial district, but shall be displayed on or above private property. The balloon or figure may be tethered and shall be permitted to rise to a height not to exceed 50 feet above mean ground level. The balloon or figure shall not be permitted to float above any public right-of-way, and shall not interfere with traffic vision or public safety as determined by the city planner. Any vision or safety interference shall be immediately corrected by the owner or agent upon notice from the director. A partially deflated balloon or figure shall be considered a public safety hazard and shall require immediate removal by the owner or his agent.

4.

Pennants, flags and light strings: Flags, pennants, or strings of electric lights or strings of pennants may be strung or hung across or above parking areas on private property used commercially and zoned GBD, but shall not interfere with vision clearance triangles or public safety as determined by the director or the duly authorized representative.

5.

Banners: Banners over public rights-of-way or other public property announcing a parade, celebration, festival, play, fund drive or other public promotional activity are allowed as follows:

a.

Application to install the hanging banner shall be made to the city clerk in accordance with current city procedures. No sign permit shall be required in addition to this application;

b.

The banner shall maintain a clearance of at least 20 feet as measured from the bottom-most portion of the banner to the highest elevation of the street or land surface below;

c.

The banner shall be perforated sufficiently to reduce wind resistance and shall be anchored sufficiently to prevent a traffic or safety hazard as determined by the city;

d.

Banners may be installed up to 14 days prior to an event and shall be removed within 72 hours of the closing of the event. The city reserves the right to reduce the time frame to accommodate multiple requests for a location; and

e.

Not more than the ten percent of a banner's face may be devoted to a commercial space of sponsor's logo.

6.

Portable signs: Portable signs, except sandwich board signs as otherwise restricted and permitted by this sign code, shall be subject to the following:

a.

Portable signs may only be used in conjunction with special promotions of a temporary nature. The allowable size of a portable sign shall not exceed 40 square feet;

b.

Portable signs shall only be permitted in GBD, I-1 and 1-2 zoning districts and shall not interfere with vision clearance triangles or public safety as determined by the director;

c.

Portable signs shall be located on private property only; and

d.

A portable sign may be used for 30 consecutive days and a 90 day period must elapse between the use of a portable sign and its next use. A new permit shall be required each time the sign is erected.

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8164, § 1, 6-8-2021; Ord. No. 8197, § 1, 10-11-2022)

When allowed by any other section of this sign code, an electronic changeable message sign shall comply with the following performance standards provided that, no individual parcel of land shall be allowed more than one animated electronic changeable message sign.

A.

Illumination/lumination. An EMC shall utilize automatic dimming technology to adjust the brightness of the sign relative to ambient light so that at no time shall an EMC exceed a brightness level of 0.3 foot-candle above ambient light, as measured using a foot-candle (lux) meter calibrated within the past 36 months.

B.

Movement. The following display features are prohibited—flashing, strobing, blinking, fluttering, spinning, rotating, bouncing, scrolling and chasing.

C.

Right-of-way. No EMC shall overhang into a public right-of-way and shall not be included in a portable or temporary sign.

D.

Audio messages. An EMC shall not include any audio message, tones or music.

E.

Transitions. All EMCs shall transition instantaneous between message without the use of frame effects.

F.

Size and placement. The maximum size of any EMC shall be 25 percent of allowed square footage of any monument or wall sign or 32 square feet, whichever is less. No EMCs shall be located adjacent to residential property.

G.

Compliance assurance. No permit shall be granted unless the applicant provides sufficient proof from the manufacturer that the sign has the technical capacity to comply with all applicable regulations governing EMCs in this code and that the sign owner and/or operator has reviewed and understands the applicable regulations pertaining to the EMC and agrees not to violate the regulations.

H.

Proximity to residential uses. No EMC shall be located closer than 100 feet to any existing residence.

(Ord. No. 8034, § 1, 3-14-2017)

A.

Billboards are declared to be incompatible to, and inconsistent with, land development and other permitted signs set forth within any particular zoning district. All existing billboards, in any zoning district, are declared nonconforming.

B.

This section supersedes and controls over any conflicting provision in this chapter.

C.

Billboards now in existence in any zoning district are declared legal nonconforming uses and may remain, subject to the following restrictions:

1.

A legal nonconforming billboard may not be increased in size or elevation, relocated to another site or to a new location on the same site or expanded, enlarged, or extended in any way, including, but not limited to, the addition of advertising faces, the addition of digital faces, adding additional illumination or the addition of rotating faces with movable panels designed to create additional advertising space.

2.

Structural alterations, including replacement of either the billboard face or the supporting structure, are prohibited. Advertising content may be changed, except as prohibited above.

3.

All legal nonconforming billboards shall be kept in good repair and maintained in a neat, clean, attractive and safe condition. Routine repairs and maintenance of nonconforming billboards necessary to maintain health and safety may be permitted. Such repairs and maintenance shall include activities such as painting and the replacement of a damaged or deteriorated sign face.

4.

The repair and replacement of a legal nonconforming billboard which has been damaged by fire, explosion, collision, other casualty or act of God by more than 25 percent of its value shall be prohibited. An exception is made for those billboards which were destroyed by vandalism or other criminal or torturous acts.

5.

A billboard that has toppled or fallen because its support structure has been broken or buckled shall be considered more than 25 percent damaged.

6.

Any legal nonconforming billboard which remains damaged or in disrepair, regardless of the percentage of construction (or damage) value or area of square footage which is damaged, for a period of three months following the date of damage shall be removed.

D.

Any one-faced billboard that has remained vacant for a period of three months or more shall be deemed to have been abandoned and shall result in the removal of the billboard. Any two-faced billboard that has both sides vacant for a period of three months or more shall be deemed to have been abandoned and shall result in the removal of the billboard. The term "vacant" shall not be interpreted to include any type of "for lease" sign displayed by the billboard owner with a minimum size of four feet by eight feet.

E.

Failure to comply with any applicable restrictions or performance standards of the ordinance from which this section derives may result in the removal of both the billboard sign face and structure by the city at a cost to be paid by the owner of the billboard.

(Ord. No. 8034, § 1, 3-14-2017)

A.

Nonconforming. A nonconforming sign existing lawfully at the time of the passage of this sign code may be continued under the terms as hereinafter provided that such nonconforming signs shall be modified to conform, replaced with a conforming sign or removed according to the following:

1.

If there is a change in business ownership, tenant, name or type of business.

2.

Any maintenance, repair or alteration of a nonconforming sign shall not cost more than 25 percent of the current value of the sign as of the date of alteration or repair.

B.

Hazardous, dangerous, or illegal signs.

1.

Notification. If the director shall find that any sign or other advertising structure regulated herein is unsafe and insecure, or is a menace to the public or has been constructed or erected or is being maintained in violation of this sign code, he or she shall give written notice to the owner thereof, to remove or alter the structure so as to comply with the standard herein set forth.

2.

Abatement. Failure to abate the same shall cause the city to abate such sign with costs assessed to the property owner.

3.

Emergency abatement by city. When, in the opinion of the city engineer, there is actual or immediate danger to the public caused by a hazardous or dangerous sign, the city shall cause the same to be abated with no written notice or hearing. Costs for such emergency abatement shall be assessed to the property owner.

C.

Vacated and abandoned signs. Within six months following discontinuance of the business or usage to which the sign relates, the sign face and structure shall be removed in its entirety.

D.

Reuse. Reuse of a vacated, nonconforming sign, or any of its appurtenances shall require altering the sign to comply with this sign code. A new business use intending to reuse a conforming sign base or pole properly capped and vacated shall obtain a sign permit in accordance with this sign code.

E.

Signs for nonconforming uses. Nonconforming uses which are otherwise permitted by these regulations may obtain permits for signage in conformance with the least intensive zoning district in which the use is permitted by right.

(Ord. No. 8034, § 1, 3-14-2017; Ord. No. 8164, § 1, 6-8-2021)

A request for a variance to any provision of this article must be made through application to the board of zoning appeals, as further defined in article 11.

(Ord. No. 8238, § 1, 3-12-2024)

Editor's note— Ord. No. 8238, § 1, adopted March 12, 2024, amended section 8.16 in its entirety to read as herein set out. Formerly, section 8.16 pertained to appeals and derived from Ord. No. 8034, § 1, adopted March 14, 2017.