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Linden City Zoning Code

SIGNS

§ 154.155 INTENT AND PURPOSE.

   (A)   The intent of this subchapter is to regulate the location, size, construction, and manner of display of signs and outdoor advertising in order to minimize their harmful effects on the public health, safety, and welfare. While this subchapter recognizes that signs and outdoor advertising are necessary to promote commerce and public information, failure to regulate them may lead to poor identification of individual businesses, deterioration and blight of the business and residential areas of the city, conflicts between different types of land use, and reduction in traffic safety to pedestrians and motorists. This subchapter is intended to provide a process for the application of sign regulations that will allow creatively designed signs to make a positive visual contribution to the overall image of the city, while also mitigating the impacts of large or incompatible signs.
   (B)   To achieve its intended purpose, this subchapter has the following objectives:
      (1)   To prevent the placement of signs in a manner that will conceal or obscure signs or adjacent businesses;
      (2)   To keep the number of signs and sign messages at the level reasonably necessary to identify a business and its products;
      (3)   To keep signs within a reasonable scale with respect to the buildings they identify;
      (4)   To reduce visual distraction and obstructions to motorists traveling along, entering, or leaving streets;
      (5)   To promote a quality manner of display which enhances the character of the city;
      (6)   To prevent the proliferation of signs which promote visual blight; and
      (7)   To eliminate the potential for any adverse effects on the neighboring properties.
(Ord. 336, passed 6-11-2012)

§ 154.156 GENERAL CONDITIONS.

   (A)   Location. All signs must advertise a business or service on the premises upon which the sign is located and to which the sign is accessory, unless otherwise specified herein.
   (B)   Illumination.
      (1)   No sign shall be illuminated by other than electrical or solar powered means.
      (2)   The light from illuminated signs shall be directed and shielded in a manner that will not interfere with vehicular traffic or the enjoyment and use of adjacent properties. Particular attention shall be paid to the effect of illuminated signs on neighboring residential uses. The light from illuminated signs shall also comply with the ground illumination standards of § 154.117(B)(1).
      (3)   Internal illumination shall be permitted under the following circumstances:
         (a)   Individual back-lit letters which are silhouetted against softly illuminated walls;
         (b)   Individual letters with translucent faces, containing soft lighting elements inside each letter;
         (c)   Metal-faced box signs with cut-out letters and soft-glow fluorescent tubes;
         (d)   Non-moving, non-color changing light-emitting diodes (LED) used in electronic or electrically controlled changeable copy signs; and
         (e)   Exposed tube neon illumination, provided such sign does not include blinking, flashing, scrolling, animation, or any other actual or simulated movement.
      (4)   Exposed tube neon illumination is only allowed within the GC and CBD Districts, provided such sign does not include blinking, flashing, scrolling, animation, or any other actual or simulated movement.
      (5)   Within a residential district, all signs shall be indirectly illuminated; therefore, no internal illumination is permitted.
      (6)   Rear-illuminated (backlit) awnings are prohibited.
   (C)   Safety.
      (1)   All signs shall be erected and maintained in compliance with all applicable building codes, and other applicable ordinances governing construction within the city. In the event of a conflict between this chapter and other laws, the most restrictive shall govern.
      (2)   All signs shall be so placed as to not interfere with the visibility or effectiveness of any official traffic sign or signal; driver vision at any access point or intersection; or, pedestrian movement on any public sidewalk.
      (3)   No sign shall be erected, relocated, or maintained so as to obstruct fire fighting or prevent free access to any door, window, or fire escape.
   (D)   Landscape quality and preservation. In the application of this chapter, it is the intent to protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
      (1)   Do not interfere with scenic views;
      (2)   Do not create a nuisance to persons using the public right-of-way;
      (3)   Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height, or movement;
      (4)   Are not detrimental to land or property values; and
      (5)   Contribute to the special character of particular areas or districts in the city.
   (E)   Signs prohibited in all districts. Signs prohibited in all districts are as follows:
      (1)   Roof signs;
      (2)   Animated signs; this provision is not intended to exclude a time/temperature sign, as defined, provided no other animated messages are displayed;
      (3)   Signs affixed to trees, rocks, shrubs, or similar natural features, except, signs denoting a site of historic significance or providing the address of the site;
      (4)   Signs which imitate traffic signals, traffic direction signs, or similar traffic control devices, and signs which make use of words such as “Stop”, “Look”, “Danger”, or any other words, phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic;
      (5)   Motor vehicle signs, except for motor vehicle signs of a political nature. Signs permanently painted on, magnetically attached, or, otherwise permanently displayed upon a vehicle, licensed and operating on the public streets and highways, identifying the owner’s occupation or livelihood, shall be permitted;
      (6)   Signs other than those erected by a public agency which are located within or overhang the public right-of-way or on public property, unless otherwise specified herein;
      (7)   Off-premises signs;
      (8)   Any sign or sign structure which: is structurally unsafe; constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment; is capable of causing electric shock to persons who come in contact with it; and is not kept in good repair, such that it has broken parts, missing letters, or non-operational lights;
      (9)   Any sign unlawfully installed, erected, or maintained;
      (10)   Pole signs;
      (11)   Portable signs; and
      (12)   Marquee signs.
   (F)   Signs exempt in all districts. Signs exempt in all districts include the following:
      (1)   Nameplates signs not exceeding two square feet in size;
      (2)   Political signs may be erected 36 days prior to an election. Such signs shall be erected on private property only and no less than 100 feet from any entrance to a building in which a polling place is located. All such signs shall be removed two days following Election Day;
      (3)   Directional signs, provided they shall not exceed two square feet in size, shall contain no advertising, and shall not be illuminated;
      (4)   Non-illuminated real estate signs of less than six square feet of display area, when located in any residential zoning district, or not exceeding 20 square feet of display area when located in any other zoning district, and not exceeding a height of six feet in all districts. No more than one such sign shall be permitted per street frontage or water frontage;
      (5)   Non-illuminated real estate development signs not exceeding 32 square feet of display area and a height of six feet during the period of construction. Such signs shall be removed within 30 days of the issuance of the certificate of occupancy. Signs designating “the future site of” a proposed use or establishment shall not be considered eligible under this division (F);
      (6)   “No Trespassing” signs not exceeding four square feet of display area;
      (7)   Incidental signs;
      (8)   Time/temperature signs; and
      (9)   Signs advertising garage and yard sales, where licensed by the city in § 116.01 of this code of ordinances, provided they are located on the property where the garage or yard sale is occurring and provided all such signs are removed two days following the garage or yard sale.
   (G)   Measurement.
      (1)   Measuring sign area.
         (a)   Sign area shall be measured as the square footage of the sign face and any frame or other material or color forming an integral part of the display or used to differentiate it from the background against which it is placed.
         (b)   When a sign consists solely of lettering or other sign elements printed, painted, or mounted on a wall of a building without any distinguishing border, panel, or background, the calculation for sign area shall be measured by enclosing the most protruding edges of the sign elements within a parallelogram.
         (c)   The area of a double-faced freestanding or projecting sign shall be computed using only one face of the sign provided that: the outline and dimensions of both faces are identical; and the faces are back to back so that only one face is visible at any given time.
      (2)   Measuring sign height.
         (a)   The permitted height of all signs supported by the ground shall be measured from the level of the ground, finished surface, adjacent to the sign.
         (b)   The permitted height of signs shall not be measured from an area of the ground that has been built up or constructed in a manner that would have the effect of allowing a higher sign height than permitted by these regulations (e.g., the height of signs erected on a berm shall be measured from the finished grade adjacent to the berm).
(Ord. 341, passed 3-23-2013; Ord. 336, passed 6-11-2012; Ord. 362, passed 6-8-2015) Penalty, see § 154.999

§ 154.157 PERMITTED SIGNS IN THE CENTRAL BUSINESS DISTRICT (CBD).

   (A)   Portions of the city are contained within an area described and zoned as the Central Business District (CBD).
   (B)   Sign regulations for any new use, expanded use, or intensified use of property located entirely or partially within the CBD shall be determined as set forth in this section.
      (1)   General requirements.
         (a)   Banners containing messages or slogans promoting the city’s Central Business District, charitable organization, civic events, and other public activities shall be permitted subject to review by the Zoning Administrator.
         (b)   In the event that multiple independent businesses occupy the same building, the number of signs, the location of signs, and the total area of signs shall remain the same as if there were one business. However, a single sign may be displayed which contains multiple logos or business names.
      (2)   Design requirements. 
         (a)   All signs within the Central Business District (CBD) shall be designed to be compatible with the architectural style of the district and consistent with the city’s CBD sign guidelines provided herein. Logos (registered, TM, SM) shall be exempt from the design requirements with the exception of non-registered portions of a sign, which shall be subject to said design guidelines, including poles, standard brackets, decorative trim, associated landscaping, and other appurtenances.
         (b)   Standards shall include compatibility with building architecture, use of antique lighting, and identifying symbology. Signs should be easy to read and uncluttered; and text should be sized for the respective distance of the readers.
         (c)   The following additional design standards shall apply:
            1.   Sign illumination shall not cause direct glare onto a public street and shall comply with the ground illumination standards of § 154.117(B)(1). All signs shall be indirectly illuminated; therefore, no internal illumination is permitted;
            2.   A sign handwritten or painted on cardboard, plywood, sheet metal, or other material is prohibited for window placement; and
            3.   Sign colors shall blend with the building facade and be compatible with the property’s use.
         (d)   Sign approval from the Historic District Commission shall be required.
      (3)   Projecting signs. Projecting signs may be allowed subject to the following requirements:
         (a)   Projecting signs shall be made of materials that are consistent with the historic period and character of the building to which they are attached. Allowable sign materials may include, but are not limited to, durable wood, metal, stainless steel, bronze or brass, stone or brick, and synthetic materials treated to appear as wood or natural material. However, in no case shall exterior sign materials include sheet plastic, plastic substrates, aluminum, interior grade wood, or unfaced plywood;
         (b)   Projecting signs shall clear grade level below the sign by a minimum of eight feet;
         (c)   Projecting signs shall not exceed a display area of ten square feet (see also division (B)(5)(c) below);
         (d)   A maximum of two projecting signs per business are permitted, with a maximum of one such sign per facade; and
         (e)   Projecting signs shall project no more than five feet from the building, or one-third of the sidewalk width, whichever is less.
      (4)   Canopy signs. Canopy signs may be allowed, subject to the following requirements:
         (a)   Canopy signs shall not extend into any public right-of-way more than seven feet or over the sidewalk more than one-half the width of the sidewalk, whichever is less;
         (b)   The minimum clearance of such sign is eight feet, six inches measured from the sidewalk surface;
         (c)   Letters, graphics, or logos may not cover more than 20% of the canopy surface area, or 45 square feet, whichever is less. Canopy signs shall only be made of coated or uncoated canvas; and
         (d)   No canopy sign shall be allowed on a building facade that includes a wall sign.
      (5)   Wall signs. Wall signs may be allowed subject to the following conditions:
         (a)   Wall signs shall be made of materials that are consistent with the historic period and character of the building to which they are attached. Allowable sign materials may include, but are not limited to, durable wood, metal, stainless steel, bronze or brass, stone or brick, and synthetic materials treated to appear as wood or natural material. However, in no case shall exterior sign materials include sheet plastic, plastic substrates, aluminum, interior grade wood or unfaced plywood;
         (b)   A maximum of two wall signs are allowed per building. Only one wall sign shall be allowed on the front facade of a building. A second wall sign shall be allowed on either the side or rear facade of a building. The maximum area of any wall signs shall not exceed 10% of the wall area that the sign is affixed to, or 45 square feet, whichever is less, provided that the total of area of all exterior (wall and projecting) signs in combination shall not exceed 60 square feet;
         (c)   Where a wall sign is located on the same facade as a projecting sign, the combined area of both signs shall not exceed 10% of the wall area that the signs are affixed to, or 45 square feet, whichever is less;
         (d)   All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts, or expansion screws. In no case shall any wall sign be secured with wire, straps of wood, or nails;
         (e)   The sign shall not be placed to obstruct any portion of a window, doorway, transom, or other architectural detail;
         (f)   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; and
         (g)   All signs shall be indirectly illuminated; therefore, no internal illumination is permitted.
      (6)   Poster panel, “A” frame, and sandwich signs. Poster panel, “A” frame, and sandwich signs may be allowed subject to the following standards:
         (a)   The signs shall be made of durable quality materials as approved by the Sign Review Committee;
         (b)   The signs shall be removed daily;
         (c)   Only one such sign per occupied storefront shall be permitted;
         (d)   The signs shall have a maximum of two faces, each face ten square feet or less in area. The maximum height of the sign shall be four feet;
         (e)   A poster panel, “A” frame, or sandwich sign shall be permitted on a public sidewalk in the CBD, provided a minimum of five feet of unobstructed, pedestrian access along the sidewalk is maintained. Adequate space shall be provided for vehicle entry between on-street parking spaces and the sign; and
         (f)   Letters, graphics, or images shall be professionally hand-lettered, die-cut self-adhesive, manual changeable copy, or blackboard hand-lettered.
      (7)   Ground signs.
         (a)   Ground signs shall be permitted in the CBD subject to the standards of division (B)(1) above and § 154.158.
         (b)   Allowable ground sign materials may include, but are not limited to, durable wood, metal, stainless steel, bronze or brass, stone or brick, and synthetic materials treated to appear as wood or natural material. However, in no case shall exterior sign materials include sheet plastic, plastic substrates, aluminum, interior grade wood, or unfaced plywood.
      (8)   Window signs.
         (a)   Except for signs whose sole function is to indicate whether or not the establishment is open as regulated under division (B)(8)(e) below, all window signs in the Central Business District shall be subject to approval by the Zoning Administrator after review by the Historic District Commission.
         (b)   Permanent window signs which promote product shall be made of clear materials, such as transparent plastic, with lettering painted or attached to them. Incidental signs shall be exempt from this regulation.
         (c)   If window signs occupy more than 50% of the window area in which they are displayed, they shall be treated as wall signs and shall conform to all provisions applicable to wall signs, with the exception of division (B)(5)(d) above. However, in no case shall windows providing interior views to passersby be more than 75% covered.
         (d)   If window signs occupy more than 50% of the window area in which they are displayed, they shall be treated as wall signs and shall conform to all provisions applicable to wall signs. However, in no case shall windows providing interior views to passersby be more than 75% covered.
         (e)   Window signs in the Central Business District shall not be illuminated except as provided in division (B)(8)(f) below.
         (f)   Signs whose sole function is to indicate whether or not the establishment is open shall be a permitted window sign, subject to the following:
            1.   No more than one such sign shall be permitted per storefront;
            2.   Such sign is no more than two square feet in area; and
            3.   Illumination of such signs shall: be limited to no more than two colors; and have a static display and not include blinking, flashing, scrolling, animation, or any other actual or simulated movement.
         (g)   A temporary sign or banner sign installed inside a window shall be regulated under § 154.160(B).
(Ord. 341, passed 3-23-2013; Ord. 336, passed 6-11-2012; Ord. 362, passed 6-8-2015) Penalty, see § 154.999

§ 154.158 PERMITTED GROUND SIGNS (ALL DISTRICTS EXCEPT CBD).

   (A)   General requirements.
      (1)   One ground sign shall be permitted per lot which has frontage on only one public road.
      (2)   Two ground signs shall be permitted per premises which has frontage on two public roads. One sign shall not exceed the area requirements set forth herein. The second sign shall not exceed 50% of the area requirements set forth herein.
      (3)   A ground sign shall have a setback of ten feet from a public road right-of-way and a setback distance equal to the height of the sign from all other property boundaries.
   (B)   Specific requirements. Ground signs shall be permitted by district in accordance with the following requirements.
 
District
Height (Feet)
Area (Sq. Ft.)
CBD
4
20
For all other requirements, see § 154.157(B)(7)
GC District
All permitted and special land uses
6
50
LI District
All permitted and special land uses
6
30
LS District
All permitted and special land uses
6
20
R-1, R-2, R-3, R-4, and R-5 Districts
All residential developments, permitted non-residential uses, and special land uses
4
20
 
(Ord. 285, passed 12-8-2003; Ord. 367, passed 6-8-2015) Penalty, see § 154.999

§ 154.159 PERMITTED WALL SIGNS (ALL DISTRICTS EXCEPT CBD).

   The following wall signs shall be permitted in the following districts in accordance with the regulations herein.
   (A)   General requirements.
      (1)   All wall signs shall be safely and securely attached to the building by means of metal anchors, bolts, or expansion screws. In no case shall any wall sign be secured with wire, straps of wood, or nails.
      (2)   (a)   One wall sign shall be permitted per lot. One additional wall sign may be permitted if at least one of the following conditions exists:
            1.   The lot has frontage on more than one public right-of-way;
            2.   The lot includes a building with more than one wall providing an individual means of access to the public; and
            3.   The lot includes a building where the only means of access to the public is provided from a wall other than the front wall.
         (b)   Where two wall signs are permitted, the total allowable square footage of the two wall signs in combination shall not exceed 150% of the maximum allowable square footage for the district as specified in division (B) below.
      (3)   For lots containing individual buildings with distinct and separate uses, one wall sign shall be permitted for each such building. However, the total allowable square footage of all wall signs in combination shall not exceed the maximum allowable square footage for the district as specified in division (B) below.
      (4)   For shopping centers located in the LS and GC districts, one wall sign shall be permitted per store front. The maximum area for each wall sign shall not exceed one square foot per lineal foot of frontage of the store front.
   (B)   Specific requirements. Wall signs shall be permitted by district in accordance with the following requirements, unless otherwise noted in this chapter.
 
District
Height (Feet)
Area
CBD
-
See § 154.157(B)(5)
GC District
All permitted and special uses
4
1 square foot for each lineal foot of building frontage not to exceed a total of 100 square feet
LI District
All permitted and special uses
4
1 square foot for each lineal foot of building frontage not to exceed a total of 40 square feet
LS District
4
1 square foot for each lineal foot of building frontage not to exceed a total of 40 square feet
R-1, R-2, R-3, R-4 and R-5 Districts
All permitted non-residential uses and special land uses
2
1 square foot for each lineal foot of building frontage not to exceed a total of 20 square feet
 
(Ord. 285, passed 12-8-2003; Ord. 367, passed 6-8-2015) Penalty, see § 154.999

§ 154.160 PERMITTED TEMPORARY SIGNS.

   The following temporary signs shall be permitted in accordance with the regulations herein.
   (A)   Temporary signs and banners signs (all districts).
      (1)   In all districts, the Zoning Administrator may allow a new business, as part of its start-up phase, to use a temporary sign for up to a 45-day period. All temporary signs permitted under this provision shall otherwise comply with all requirements pertaining to height and area for the zoning district in which the sign is located.
      (2)   Within the CBD, GC, and LS Districts, the Zoning Administrator may allow one banner sign per premises for up to 30 days and no more than four times during the calendar year. Only those businesses with direct pedestrian access from the public right-of-way shall be permitted to have a banner sign. The banner sign shall not exceed 20 square feet in area in the CBD or 50% of the allowable wall sign size in the GC and LS Districts. Neither the height nor the width of a banner sign shall exceed ten feet. Banner signs shall not be located in a public right-of-way, must be affixed to the principal building of the business and shall be located and designed to avoid interference with or distraction to vehicular and pedestrian traffic.
      (3)   A weekend or holiday banner sign may be allowed and does not require a sign permit, provided the sign is erected after the opening of business on the weekend or holiday and removed prior to the end of business on the weekend or holiday. Further, such signs shall not exceed 20 square feet in area and neither the height nor the width of such signs shall exceed ten feet. Such signs shall not be located in a public right-of-way, must be affixed to the principal building of the business and shall be located and designed to avoid interference with or distraction to vehicular and pedestrian traffic.
      (4)   All other temporary signs and banner signs are strictly prohibited.
      (5)   The color of temporary signs within the Central Business District (CBD) shall be selected from a historic color palate as approved by the City Historic District Commission.
   (B)   Special event signs (all districts).
      (1)   Special event signs, not exceeding 48 square feet of display area, may be permitted subject to approval by the Zoning Administrator.
      (2)   The Zoning Administrator may permit signs in excess of 48 square feet when such is deemed necessary.
(Ord. 285, passed 12-8-2003; Ord. 372, passed 6-8-2015) Penalty, see § 154.999

§ 154.161 MISCELLANEOUS PERMITTED SIGNS.

   (A)   Additional signage for drive-in and drive-through establishments (all districts).
      (1)   Additional signage for drive-in establishments shall be permitted subject to the following:
         (a)   Such signage shall only be located adjacent to, and shall be oriented to only be visible from, designated drive-in parking spaces. No such signage shall be located within a required front yard.
         (b)   No more than one sign per designated drive-in parking space is allowed, not to exceed 12 square feet in area and six feet in height.
         (c)   Internally illuminated signs, including electronic or digital signage, shall only be allowed within the GC District and shall be at least 50 feet from any Residential District.
         (d)   Approval by the Sign Review Committee shall be required.
      (2)   Additional signage for drive-through establishments shall be permitted subject to the following:
         (a)   Such signage shall only be located adjacent to, and shall be oriented to only be visible from, designated drive-through lanes. No such signage shall be located within a required front yard.
         (b)   No more than two signs per designated drive-through lane are allowed, one not exceeding the maximum allowable area for ground signs for the district in which the property is located, and the second not exceeding 50% of the maximum allowable area for ground signs for the district in which the property is located. Such signs may not exceed eight feet in height.
         (c)   Internally illuminated signs, including electronic or digital signage, shall only be allowed within the GC District and shall be at least 50 feet from any Residential District.
         (d)   Approval by the Sign Review Committee shall be required.
   (B)   Changeable copy signs (LS, GC, and LI Districts). Changeable copy signs shall be permitted when incorporated into a permitted wall or ground sign provided that the area devoted to changeable copy does not exceed 50% of the wall or ground sign area.
      (1)   Lettering used on changeable copy signs directed to local streets shall not exceed three inches in height.
      (2)   Lettering used on changeable copy signs directed to major arterial streets shall not exceed six inches in height.
      (3)   The message on a changeable copy sign controlled by electronic or electrical signal shall not change more than eight times per day and shall not incorporate or involve action, motion, or the appearance of action or motion, such as the use of flashing lights, progressive color changes (only one color per message is allowed), scrolling messages, or video-like features.
      (4)   A changeable copy sign controlled by electronic or electrical signal shall not be allowed within the CBD District, any residential district, or within 50 feet of any residential district.
   (C)   Historic markers (all districts).
      (1)   If a structure within the city has been designated a State Historical Site or listed in the National Register of Historic Places, then a marker designating that fact, obtained from the appropriate state or federal agency, shall be permitted in addition to any other sign or signs which may lawfully be placed on the structure or the property on which the structure is located.
      (2)   Anyone wishing to place a historic marker on a structure or property shall complete and file a sign permit application with the Zoning Administrator. No fee shall be charged for a historic marker application.
   (D)   Window signs (all districts except CBD).
      (1)   Permanent window signs which promote product shall be made of clear materials, such as transparent plastic, with lettering painted or attached to them. Incidental signs shall be exempt from this regulation.
      (2)   Window signs do not require sign permits, nor count in the calculation of total building signage permitted. However, window signs shall not exceed more than 30% of the total window area on the floor level and no more than 50% coverage per window.
      (3)   If window signs occupy more than 50% of the window area in which they are displayed, they shall be treated as wall signs and shall conform to all provisions applicable to wall signs. However, in no case shall windows providing interior views to passersby be more than 75% covered.
      (4)   Window signs shall not be illuminated except as provided in division (D)(5) below.
      (5)   Signs whose sole function is to indicate whether or not the establishment is open shall be a permitted window sign, subject to the following:
         (a)   No more than one such sign shall be permitted per storefront;
         (b)   Such sign is no more than two square feet in area; and
         (c)   Illumination of such signs may only occur within a non-residential district and shall: be limited to no more than two colors; and have a static display and not include blinking, flashing, scrolling, animation, or any other actual or simulated movement.
      (6)   A temporary sign or banner sign installed inside a window shall be regulated under § 154.160(A).
   (E)   Mural signs (all districts).
      (1)   Commercial mural signs, as defined in this chapter, may be allowed after review and approval by the Planning Commission, and are further subject to the following standards:
         (a)   No such mural may be placed on any building or structure that includes nonconforming signs;
         (b)   Only one wall, facade, or surface of a building or structure may be used for the mural;
         (c)   The wall, facade, or surface that is used for the mural shall be counted as one sign. The mural will count towards the total wall signage allowed for the business; however, the Planning Commission in its sole discretion may permit murals of larger size. Larger murals shall be permitted when it is determined to demonstrate at least one of the following:
            1.   Accentuates the historic features of the building;
            2.   Masks an unattractive building facade;
            3.   Creates an aesthetically pleasing amenity; and
            4.   Superior in aesthetics to an attached wall sign.
         (d)   The owner of record of the building or structure on which the proposed mural is to be placed shall, in writing, consent to the placement of said mural on the property, and shall agree to restore the wall, facade, or surface upon which the mural is placed to its prior existing condition if and at such time the mural is not maintained by the applicant. The permit application shall include a statement detailing the applicant’s plans for the maintenance of the mural; and
         (e)   In the review of a commercial mural sign, the Planning Commission shall grant approval only if the following criteria are met:
            1.   The placing of the proposed mural at the location selected by the applicant would not constitute a significant traffic safety hazard;
            2.   Neither the mural, nor the placement of the mural, would endanger the public health, safety, or general welfare; and
            3.   Neither the mural, nor the placement of the mural, would be injurious to the use and enjoyment of other property in the immediate vicinity of the proposed location.
      (2)   Noncommercial mural signs, as defined in this chapter, may be allowed after review and approval by the Sign Review Committee, and are further subject to the following standards:
         (a)   Approval by the Historic District Commission is obtained when such sign is located within the city’s Historic District;
         (b)   Only one wall, facade, or surface of a building or structure may be used for the mural;
         (c)   Murals shall only be permitted on the side or rear walls of buildings;
         (d)   Murals shall be allowed only on building walls that do not contain wall signs on the same wall as occupants of the building;
         (e)   Murals depicting offensive or obscene materials, or partially nude or seminude persons, shall be prohibited;
         (f)   Materials utilized in painting a mural shall have proven durability and shall be maintained or removed if not maintained; and
         (g)   The unauthorized inscribing, spraying of paint, or making symbols using chalk, dye, ink, paint, spray paint, or similar materials on public or private places, structures, or other surfaces shall not be permitted.
   (F)   Residential development entry signs (all districts).
      (1)   For each residential development of four or more dwelling units for which a building permit has been issued, a ground sign may be located adjacent to each public street entrance, at least ten feet from the adjacent public street right-of-way. Such sign location(s) shall have been depicted on a preliminary plat, site condominium plan, or a final site plan approved by the Planning Commission and shall meet standards set forth in this chapter.
      (2)   Whenever a landscape wall with entrance signage is proposed at or near the entrance to a residential development, the following requirements will apply: the length of the wall may not exceed 25% of the width of the lot on which it is located nor more than 10% of total frontage if a corner lot; a landscape wall shall be designed and located to assure proper vision and site distance at the nearest intersection of public streets or a public street and private driveway; the landscape wall height shall not exceed four feet; and illumination of the landscape wall shall be subject to the standards of § 154.156(B).
   (G)   Poster panel, “A” frame, and sandwich signs (all districts except CBD). Poster panel, “A” frame, and sandwich signs may be allowed subject to the following standards.
      (1)   The signs shall be made of quality materials.
      (2)   The signs shall be removed daily.
      (3)   Only one such sign per occupied storefront shall be permitted.
      (4)   The signs shall have a maximum of two faces, each face ten square feet or less in area. The maximum height of the sign shall be four feet.
      (5)   Letters, graphics, or images shall be professionally hand-lettered, or die-cut self-adhesive, manual changeable copy, or black board hand-lettered.
      (6)   A poster panel, “A” frame, or sandwich sign shall be permitted within the right-of-way only if the sign has no negative effects on public safety and visibility for all vehicles and pedestrians is unobstructed. A minimum of five feet of unobstructed, pedestrian access along the sidewalk is required.
(Ord. 285, passed 12-8-2003; Ord. 372, passed 6-8-2015; Ord. 380, passed 9-25-2017) Penalty, see § 154.999

§ 154.162 ADMINISTRATION.

   (A)   This subchapter shall be administered by the Zoning Administrator or his or her designated representative.
   (B)   Permits required.
      (1)   It shall be unlawful to display, erect, relocate, or alter any sign without obtaining a sign permit, except for exempt signs as regulated in § 154.156(F) and other signs specifically noted as not requiring a permit in this chapter.
      (2)   A permit shall not be required for alterations to an existing sign that are limited to the information communicated on the sign without increasing the sign’s size or structural modification, provided all other requirements of this chapter are met. However, a permit shall be required for all such alterations to existing signs located within the CBD District.
      (3)   Where a sign permit has been issued by the city, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the Zoning Administrator. A written record of such approval shall be entered upon the original permit application and maintained in the files of the city.
      (4)   The application for a sign permit shall be made by the owner or tenant of the property on which the sign is to be located, or his or her authorized agent, or a sign contractor. Such applications shall be made in writing on forms furnished by the city and shall be signed by the applicant.
      (5)   The application for a sign permit shall be accompanied by the following plans and other information:
         (a)   The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector;
         (b)   The location by street address of the proposed sign structure;
         (c)   Complete information as required on application forms including a site plan and elevation drawings, colors, and caption of the proposed sign, and such other data as are pertinent to the application;
         (d)   Plans indicating the scope and structural detail of the work to be done, including details of all connections, supports, and footings, and materials to be used;
         (e)   Methods of illumination for the proposed sign, if any;
         (f)   Required information for an electrical permit for all electrical signs if the person installing the sign will make the electrical connection; and
         (g)   A statement of estimated costs of the sign.
      (6)   (a)   Where required by the table below, prior to the issuance of a sign permit, the Zoning Administrator or designee shall refer the sign permit application to the Sign Review Committee. The Sign Review Committee shall consist of the following individuals: Zoning Administrator; City Manager; and one member of the Planning Commission, as approved by a majority vote of the Planning Commission.
         (b)   The Sign Review Committee shall review a sign permit application for compliance with this chapter. A sign permit shall not be issued by the Zoning Administrator until all members of the Sign Review Committee have determined that the sign permit application is in compliance with this chapter. A member of the Sign Review Committee shall have the authority to refer a sign permit application to the Planning Commission and/or City Planning Consultant for additional review or comment prior to the decision of the Sign Review Committee.
         (c)   Signs proposed to be erected in the CBD District and requiring a permit shall be reviewed by the city’s Historic District Commission.
         (d)   The authority for the review and approval of sign types by district is indicated in the table below.
District
Sign Type
Review Responsibility
District
Sign Type
Review Responsibility
Any district
Exempt signs
No permit required
CBD
Projecting signs
HDC and ZA
CBD
Canopy signs
HDC and ZA
CBD
Wall signs
HDC and ZA
CBD
Poster panel, “A” frame, and sandwich signs
HDC and ZA
CBD
Ground signs
HDC and ZA
CBD
Window signs
HDC and ZA
Outside CBD
Ground signs
SRC
Outside CBD
Wall signs
SRC
Any district
Temporary signs and banner signs
ZA
Any district
Weekend/holiday promotional sales banner signs
No permit required
Any district
Special event signs
ZA
Any district
Menu board
ZA
LS, GC, and LI Districts
Changeable copy signs
SRC
Any district
Historic marker
ZA
Outside CBD
Window signs
No permit required
Any district
Commercial mural signs
PC
Any district
Noncommercial mural signs
SRC
Any district
Residential development entry signs
SRC
Outside CDB
Poster panel, “A” frame, and sandwich signs
ZA
Table notes:
HDC: Historic District Commission
PC: Planning Commission
SRC: Sign Review Committee
ZA: Zoning Administrator
 
      (7)   Sign permit applications shall be accompanied by the required sign permit fee, as established by the City Council.
(Ord. 285, passed 12-8-2003; Ord. 353, passed 3-9-2015; Ord. 372, passed 6-8-2015; Ord. 409, passed 4-24-2023) Penalty, see § 154.999

§ 154.163 INSPECTIONS, MAINTENANCE, AND REMOVAL OF SIGNS.

   (A)   Inspections. Signs for which a permit is required will be inspected upon completion and may be inspected periodically by the Building Department representative for compliance with these regulations and with any applicable ordinances of the city.
   (B)   Maintenance. All signs and components thereof shall be kept in good repair and in a safe, neat, clean, and attractive condition.
   (C)   Removal.
      (1)   The Zoning Administrator may order the removal of any permanent sign and its supporting structural components erected or maintained in violation of these regulations. The Zoning Administrator shall give 30 days’ notice in writing, to the owner of such sign and its supporting structure requiring him or her to bring such sign into compliance within 60 days. Any sign erected of a temporary nature shall require written notice of only three days.
      (2)   Upon failure to comply with this notice, the Building Official or designee may remove the sign and its supporting structure. The Building Official or designee may remove a sign and its supporting structure immediately and without notice if, in his or her opinion, the condition of the sign and its supporting structure presents an immediate threat to the safety of the public. The cost of such removal by the city shall be assessed against the owner of such sign or the owner of the building, structure, or premises.
      (3)   Signs within a public right-of-way or on city property may be removed by the city without notice and may be disposed of.
   (D)   Obsolete signs.
      (1)   An obsolete sign and its supporting structure shall be removed by the property owner or lessee of the premises upon which the sign is located when the business which it advertises has been discontinued for at least 90 days. Except as provided in divisions (D)(2) and (D)(3) below, such removal shall occur within 30 days after written notice from the Zoning Administrator.
      (2)   A sign which is in conformity with the other provisions of this chapter may remain in place if such sign is obscured by the use of a blank panel attached within the frame of the sign and shall be permitted to remain for a period not to exceed 120 days.
      (3)   Where a successor to an inactive business agrees, within 30 days of the date of written notice by the Zoning Administrator, to maintain the sign as provided for by these regulations, this removal requirement shall not apply, provided that the existing sign and structure conforms to all current sign requirements.
   (E)   Nonconforming signs.
      (1)   Policy. It is the policy of the city to require that all signs within the city be brought into compliance with the terms of this chapter.
      (2)   Valid permit required. The status afforded to signs and sign structures pursuant to this division (E) shall not be applicable to any sign or sign structure for which a sign permit was initially required but for which no sign permit was ever issued. Such sign and/or sign structures are deemed illegal and are subject to the provisions of division (C) above.
      (3)   Existing sign rendered nonconforming. Nonconforming signs are those signs that do not comply with the size, placement, construction, or other standards or regulations of this chapter, but were lawfully established prior to its adoption. A nonconforming sign may be continued and shall be maintained in good condition as described elsewhere in this subchapter, however, the following alterations are regulated.
         (a)   A nonconforming sign shall not be structurally altered or repaired so as to prolong its useful life or so as to change its shape, size, type, or design unless such change shall make the sign conforming.
         (b)   A nonconforming sign shall not be replaced by another nonconforming sign.
         (c)   A nonconforming sign shall not be expanded, relocated, or modified in any way that would increase the degree of nonconformity of such sign.
         (d)   A nonconforming sign shall not be reestablished after obsolescence as defined in division (D) above.
         (e)   A nonconforming sign must not be reestablished after damage or destruction if the estimated expense of reconstruction exceeds 50% of the appraised replacement cost as determined by the Zoning Administrator or if 50% or more of the face of the sign is damaged or destroyed.
(Ord. 285, passed 12-8-2003; Ord. 372, passed 6-8-2015) Penalty, see § 154.999