The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and for which no legal owner can be found.

Administrator means the person designated by the director to enforce this chapter.

Alteration means to replace, exchange, reconstruct, renovate, move, relocate, animate, enlarge or decrease in size.

Animated sign means any sign which incorporates in any manner mechanical movement, or apparent movement achieved by electrical pulsations or other means such as sequential light phasing.

Awning means a shelter projecting from and supported by the exterior wall of a building constructed on nonrigid materials on a supporting framework.

Awning sign means a sign painted on, printed on, or attached flat against the surface of an awning.

Banner sign means a sign made of fabric or any nonrigid material with no enclosing framework.

Billboard means off-premises sign.

Billboard site means one (1) sign structure regardless of the number of faces. A location containing multiple billboards not exceeding fifteen (15) feet in distance between the closest point of the billboards is one (1) billboard site.

Building has the meaning provided for it in the edition of the Standard Building Code in force in the city.

Changeable copy sign (automatic) means a sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time and temperature units.

Changeable copy sign (manual) means a sign on which copy is changed manually in the field, e.g., readerboards with changeable letters.

Clearance (of a sign) means the smallest vertical distance between the grade and the lowest point of any sign, including framework and embellishments, extending over that grade.

Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.

Copy means the wording on a sign surface in either permanent or removable letter form.

Directional/information sign means a sign of two (2) feet square or less, and no more than six (6) feet in height, giving direction to a specific location, instructions or facility information. The sign may contain the business name or logo and an arrow for direction of travel, but no advertising or commercial copy.

Director means the director of the department of planning and development as having authority and responsibility under this chapter.

Double-faced sign means a sign with two (2) faces.

Electrical sign means a sign or sign structure in which electrical wiring, connections or fixtures are used.

Facade means the entire building front including the parapet, wingwalls, etc.

Face of sign means the area of a sign on which the copy is placed.

Festoons means a string of ribbons, tinsel, small flags or pinwheels.

Flashing sign means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. "Flashing sign" does not include a changeable copy sign, animated sign, or sign which through reflection or other means, creates an illusion of flashing of intermittent light.

Freestanding sign means a permanently attached sign supported upon the ground by poles or braces and not attached to any building.

Frontage means the length of the property line of any one (1) premises along a public right-of-way on which it borders.

Frontage, building means the length of an outside building wall on a public right-of-way.

Government sign means any temporary or permanent sign erected and maintained by the city, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.

Height (of a sign) means the vertical distance measured from the highest point of the sign, including decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare "clearance").

Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.

Illegal sign means a sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.

Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Incidental sign means a sign, emblem or decal informing the public of goods, facilities or services available on the premises, e.g., a credit card sign or a sign indicating the hours of business.

Lot means a parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record of survey map.

Maintenance means the cleaning, painting, repair or replacement of defective parts of a sign in a manner that does not alter the basic copy design or structure of the sign.

Mansard means a steeply sloping ornamental roof-life structure commonly used on exterior walls of buildings having flat, or nearly flat roofs.

Marquee means a permanent roof-life structure or canopy of rigid materials supported by an extending structure from the facade of a building.

Marquee sign means any sign attached to or supported by a marquee structure.

Nameplate means a nonelectric on-premises identification sign giving only the name, address and/or occupation of an occupant or group of occupants.

Nonconforming sign means a sign which was erected legally but which does not comply with subsequently enacted sign restrictions and regulations.

Occupancy means the portion of a building or premises owned, leased, rented or otherwise occupied for a given use.

Off-premises sign means a sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which the sign is located, e.g., billboards or outdoor advertising.

On-premises sign means a sign which pertains to the use of the premises on which it is located.

Owner means a person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the administrator, e.g., a sign leased from a sign company.

Painted bulletin means a billboard containing up to eight hundred (800) square feet in sign area.

Painted wall sign means a sign which is applied with paint or similar substance on the face of a wall.

Parapet means the extension of a false front or wall above a roof line.

Permanent mounting means to set, fix or secure in or on a support, thereby allowing such sign to become a fixed object to be used for the purpose of which it was intended.

Point of purchase display means advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.

Pole cover means a cover enclosing or decorating poles or other structural supports of a sign.

Political sign means a temporary sign used in connection with a local, state or national election or referendum.

Portable sign means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.

Poster panel means a billboard containing up to three hundred (300) square feet of sign area.

Premises means a parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as a conveyable unit of real estate.

Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.

Real estate sign means a temporary sign of thirty-two (32) square feet or less advertising the real estate upon which the sign is located as being for rent, lease or sale.

Roof line means the top edge of a roof or building parapet, whichever is higher, excluding any cupola, pylons, chimneys or minor projects.

Roof sign means a sign which is mounted on the roof of a building or which is attached to a building and which extends above or higher than the top edge of the exterior wall or parapet of a flat-roofed building, above or higher than the eave line of a building with a hip, gambrel or gable roof or above or higher than the deck line of a building with a mansard roof.

Rotating sign means a copy in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.

Scenic corridor means a public right-of-way which, in the opinion of the board of directors, exhibits special aesthetic and visual characteristics worthy of protection through enhanced billboard regulation.

Sign means any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or services.

Sign, area of means that area enclosed by one (1) continuous line connecting the extreme points or edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one (1) time from any one (1) point. This area does not include the main supporting sign structure but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign, are to be included in determining sign area.

Snipe sign means a temporary sign or poster affixed to a tree, fence, utility pole, or any object in the public right-of-way. For purposes of this definition is not limited to the definition of "sign" found elsewhere in this Code and means any document that communicates a message or symbol.

Subdivision identification sign means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.

Temporary sign means a sign not constructed or intended for long-term use, and not permanently attached to the ground, a building or structure.

Trailer sign means any sign that is attached to a frame with wheels and designed in a manner that allows it to be moved easily.

Under-canopy sign means a sign suspended beneath a canopy, ceiling, roof or marquee.

Use means the principal purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.

Vehicular sign is any sign displayed on a parked or moving vehicle, where the primary purpose of the vehicle is to advertise a product or business or to direct people to a business or activity. For purposes of this definition, vehicular signs shall not include business logos, identification, or advertising on vehicles primarily used for other business purposes.

Wall sign means a sign attached parallel to and extending not more than eighteen (18) inches from the wall of a building. "Wall sign" includes painted, individual letter and cabinet signs and signs on a mansard.

Window sign means a sign installed inside a window and intended to be viewed from the outside.

(Code 1961, § 44-2; Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,000, §§ 1(e), (f), (r), 2-5-91; Ord. No. 16,181, § 1, 2-18-92; Ord. No. 16,244, § 1, 7-7-92; Ord. No. 16,861, § 1(aa), 3-21-95; Ord. No. 17,680, § 1, 2-17-98; Ord. No. 20,326, § 1(q), 9-21-10; Ord. No. 21,867, § 1, 5-19-20)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

Except as set forth in subsection (b), any person convicted of a violation of any of the provisions of this chapter shall be punished as provided in section 1-9 of the Code, and may be subject to an action to abate the sign as a nuisance.

(b)

Any snipe sign that is placed in violation of this chapter shall be subject to immediate removal and, if a person responsible for the placement of the snipe sign can be identified, that person shall be subject to a civil penalty equal to the necessary costs of removal of the sign, plus any cost of repair for damage caused by the sign, or a removal fee of twenty-five dollars ($25.00) for up to five (5) snipe signs and an additional twenty-five dollars ($25.00) for each additional five (5) signs, whichever amount is greater.

(c)

Costs incurred by the city shall be charged to the owner of the sign, or to the owner of the property upon which the sign is located, or both. These costs may constitute a lien upon the property and may be collected by any lawful means.

(Ord. No. 17,680, § 2, 2-17-98)

(a)

The purposes of this chapter are:

(1)

To control and coordinate the type, placement and physical dimensions of signs within the various zoning classifications.

(2)

To recognize the commercial communication requirements of all sectors of the business community; to encourage the innovative use of design.

(3)

To promote both renovation and proper maintenance.

(4)

To allow for special circumstances; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement.

(b)

This purpose shall be accomplished by regulation of the display, erection, use and maintenance of signs. The use of signs is regulated according to the zoning classification in which it is located. The placement and physical dimensions of signs are regulated primarily by type and length of street frontage. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this chapter.

(c)

The primary intent of this chapter is to regulate signs of a commercial nature intended to be viewed from any vehicular public right-of-way.

(Code 1961, § 44-1; Ord. No. 16,000 § 1(g), (r), 2-5-91; Ord. No. 16,861, § 1(w), 3-21-95)

If any portion of this chapter is found to be in conflict with any other provision of any section of this Code, the provision which establishes the higher standard shall prevail.

(Code 1961, § 44-8)

This chapter does not relate to building design. This chapter does not regulate:

(1)

Official traffic or government signs.

(2)

The copy and message of signs.

(3)

Window displays.

(4)

Product dispensers.

(5)

Scoreboards on athletic fields.

(6)

Flags of any nation, government, or noncommercial organization.

(7)

Gravestones.

(8)

Barber poles.

(9)

Religious symbols.

(10)

Commemorative plaques.

(11)

The display of street numbers.

(12)

Any display or construction not defined as a sign.

(Code 1961, § 44-1(b); Ord. No. 16,000, § 1(h), (r), 2-5-91)

(a)

Existing signs as of the effective date of this article which do not conform to the specific provisions of the chapter may be eligible for the designation "nonconforming" provided that the signs have a valid city permit or variance and the signs comply with all applicable laws.

(b)

A nonconforming sign shall lose this designation if the sign is altered in violation of this chapter. Such signs shall be deemed illegal and removed by the sign owner pursuant to section 36-536 of this chapter. This provision does not refer to change of copy or normal maintenance.

(c)

The nonconforming sign is subject to all requirements of this code regarding safety, maintenance and repair. However, any nonconforming sign that is damaged to the extent that the cost for complete repair exceeds fifty (50) percent of the replacement cost of the sign, such sign shall be removed by the sign owner. Owners of damaged on-premises signs may obtain a new sign permit if the sign is to be replaced as permitted and regulated by this chapter.

(d)

Nonconforming signs in existence on the effective date of this article shall be allowed to remain subject to the provisions of this chapter.

(Code 1961, § 44-5(a)—(d); Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 16,181, § 4, 2-18-92; Ord. No. 16,244, § 3, 7-7-92)

(a)

Except for signs in the public right-of-way which are subject to immediate removal, the administrator shall issue a written order to any alleged violator of the sign ordinance that, in the judgment of the administrator, a violation of this chapter exists and the sign must be removed. The order shall specify those sections of this chapter deemed to be violated and shall state that the person has ten (10) days from the date of the order in which to abate the alleged violation or to appeal to the board of zoning adjustment. Notwithstanding this provision, if within the previous twelve-month period the administrator has issued an order that has been upheld by the board of zoning adjustment for a particular sign, the notice shall require the person to abate the alleged violation within one (1) business day. If the violator fails to appeal or to correct the violation within the time allowed by this section, the sign shall be deemed illegal and shall be subject to immediate removal.

(b)

If upon inspection, the administrator finds that a sign is abandoned or structurally, materially, or electrically defective, or in any way endangers the public, or is not maintained in accordance with section 36-546, such signs shall be deemed illegal and the administrator shall issue a written order to the owner of the sign and/or the occupant of the premises stating the nature of the violation and requiring the sign to be repaired in conformance with this chapter or removed within ten (10) days of the date of the order.

(c)

Illegal signs are public nuisances. In the event of a failure to comply with the order of the administrator, the city may institute legal proceedings pursuant to section 1-9 of the code, including without limitation, an action to abate the sign as a nuisance. Costs incurred by the city shall be charged to the owner of the sign and/or the owner of the property on which the sign is located. The costs may constitute a lien upon the property and may be collected by any appropriate lawful means.

(Code 1961, § 44-7(i); Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 16,181, § 5, 2-18-92; Ord. No. 16,244, § 5, 7-7-92; Ord. No. 17,680, § 3, 2-17-98)

The department of planning and development shall enforce this chapter and all references herein.

(Code 1961, § 44-7(a); Ord. No. 15-988, § 4, 12-18-90; Ord. No. 16,000, § 1(i), (r); 2-5-91; Ord. No. 21,867, § 1, 5-19-20)

The administrator shall interpret the application of the provisions of this chapter in such a way as to carry out its stated purpose and intent. The administrator may review requests for variances from the literal provisions of this chapter in cases where strict enforcement of the chapter would cause undue hardship to the individual application under consideration and allow such deviation only when it is demonstrated that such action will be in keeping with the spirit and intent of this chapter. In no event shall the administrator authorize a deviation of greater than twenty (20) percent of height and area requirements of this chapter. Requests for variances greater than twenty (20) percent of height of area requirements shall be made to the board of zoning adjustment pursuant to article II, division 2 of this chapter.

(Code 1961, § 44-7(f); Ord. No. 16,000, § 1(j), (r), 2-5-91; Ord. No. 21,867, § 1, 5-19-20)

Editor's note— Ord. No. 16,000, § 1(a), adopted Feb. 5, 1991, amended the Code by repealing provisions contained in § 36-539 in their entirety. Said provisions pertained to regulations concerning appeals and variance requests to the sign review board. and derived from the code of 1961, § 44-7(g).

It is unlawful for any person to erect, place or maintain a sign in the city except in accordance with the provisions of this chapter.

(Code 1961, § 44-3; Ord. No. 16,000, § 1(r), 2-5-91)

(a)

No person shall engage in the business of installing, erecting, or maintaining any sign, nor contract for the performance of such service without a license to do so issued until the bond or insurance required by section 36-542 has been filed with and approved by the city collector.

(b)

The license of any sign contractor may thereafter be cancelled for cause by the board of directors. When any sign contractor has, within two (2) calendar years, been found guilty of three (3) separate violations of this chapter or of the building code by any court of record, whether such judgment be appealed or not, the department of planning and development shall cancel the license. The license of any person which has been cancelled shall not be renewed until all past violations have been corrected, and any application for renewal of the license shall be made to the board of directors, and the department shall file with the board of directors a report stating whether or not all previous violations have been corrected.

(Ord. No. 14,119, § 43, 9-15-81; Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 21,867, § 1, 5-19-20)

Cross reference— Special sign electricians, § 8-225; electrical sign contractors, § 8-236.

No person shall engage in the business of installing, or erecting or maintaining any sign or medium of display or advertising, electric or otherwise within the city until he has filed with the city collector a bond or certificate of liability and property damage insurance in the sum of twenty-five thousand dollars ($25,000.00) with such surety thereon as may be approved by the city collector. Such bond or certificate of liability and property damage insurance shall be conditioned for the installation, erection, and maintenance of signs in accordance with the ordinances of the city and laws of the state, and shall provide for the indemnification of the city and the purchaser or lessee of such signs, for damages or liabilities which may accrue by reason of faulty installation, erection, maintenance, demolition, repair, removal, or defects in, or collapse of any sign so serviced by or under the direction of the maker of such bond, or certificate of liability of property damage insurance. Such bond or certificate of liability and property damage insurance shall provide for the indemnification of any person who, while upon public property or in any public place, incurs damages for which the principal named in the bond or certificate of liability property damage insurance is legally liable.

(Ord. No. 14,119, § 44, 9-15-81; Ord. No. 16,000, § 1(r), 2-5-91)

The following type signs are prohibited in all districts unless otherwise noted:

(1)

Abandoned signs.

(2)

Banners, pennants, festoons, searchlights, except as allowed in section 36-557, subsection (d).

(3)

Signs imitating or resembling official traffic or government signs or signals.

(4)

Snipe signs or signs attached to trees, telephone poles, fences, public benches, or placed on public property or public right-of-way.

(5)

Vehicular signs.

(6)

Trailer or temporary signs that do not meet the standards for freestanding permanent signs.

(7)

Roof signs, or any sign that is not mounted on a vertical surface.

(8)

Rotating signs.

(9)

Off-premises signs except as specifically permitted elsewhere in this article.

(Code 1961, § 44-3(a); Ord. No. 16,000, § 1(k), (r), 2-5-91; Ord. No. 16,181, § 2, 2-18-92; Ord. No. 16,578, § 1(a), 1-18-94; Ord. No. 19,438, § 1(x), 11-15-05)

All abandoned signs not removed by owner after due notice shall be removed by the city. Upon completion of the work the city shall file and have a lien upon real estate for the cost of removing the sign.

(Code 1961, § 44-7(c); Ord. No. 16,000, § 1(r), 2-5-91)

(a)

Unless otherwise provided by this chapter, all signs shall require permits and payment of fees as described in this section. No permit is required for the maintenance of a sign or for a change of copy on painted, printed or manual changeable copy signs.

(b)

The following signs are exempted from permit requirements but must be in conformance with all other requirements of this chapter:

(1)

Signs used by churches, synagogues or other civic organizations.

(2)

Construction signs.

(3)

Directional/information signs.

(4)

Nameplates.

(5)

Political signs.

(6)

Public signs or notices, or any sign relating to an emergency.

(7)

Real estate signs.

(8)

Incidental signs.

(9)

Time and temperature signs.

(c)

Application for a permit for the erection, alteration or relocation of a sign, when allowed by this chapter, shall be made to the administrator upon a form provided by the administrator and shall include the following information:

(1)

The sign owners name, address and telephone number; and (if different) the name of the person in possession of the premises where the sign is located or to be located;

(2)

The name, address and telephone number of the person who will be performing the work requested;

(3)

The location and zoning designation of the parcel in which the sign is or will be located;

(4)

The type of sign or sign structure as defined in this chapter;

(5)

Specifications and scale drawings showing the materials, design, dimensions, structural supports and electrical components of the proposed sign;

(6)

The cost to construct the sign and any alteration expenses;

(7)

Any other information the administrator shall require to ensure compliance with this and all other applicable city ordinances.

Accompanying each application for a sign permit shall be a detailed drawing or drawings, all of which are to be to scale and legible. All existing structures and proposed structures along with proposed sign locations will be indicated. Building or structure elevation drawings shall be submitted when applications are for building-mounted signs.

(d)

Accompanying each application for a sign permit for an existing sign shall be:

(1)

A completed application form stating all necessary facts concerning each sign, signed by the owner certifying to the facts in the application.

(2)

Photographs of the sign.

(e)

All applications for permits filed with the administrator shall be accompanied by a payment of the initial permit fee for each sign according to the following schedule. All signs shall be permitted and tagged for which a fee shall be paid in accordance with the permit schedule set out below:

Off-premises signs on scenic corridors:

Painted bulletin .....$1,125.00

Poster panel .....675.00

Off-premises signs outside scenic corridors:

Painted bulletin .....500.00

Poster panel .....300.00

All on-premises signs as follows:

Ground mounted signs .....50.00

Projecting .....50.00

Wall signs (including marquee and mansard) .....50.00

Special event .....20.00

Alteration fees: (based on cost of alteration as percentage of replacement cost)

Off-premises signs .....No fee

Ground-mounted signs:

Up to 25% .....15.00

25% to 50% .....25.00

50% to 75% .....35.00

Over 75% .....50.00

Projecting signs:

Up to 25% .....20.00

25% to 75% .....35.00

Over 75% .....50.00

Wall signs (marquee and mansard signs included):

Up to 75% .....30.00

Over 75% .....50.00

(f)

If a permit is denied, the permit fee will be refunded to the applicant. If any sign is installed or placed on any property prior to receipt of a permit, the specified permit fee shall be doubled. However, payment of the doubled fee shall not relieve the responsible party of any other requirements or penalties prescribed in this chapter. The director of the department of planning and development, or his designee, may accept requests for refunds or unused sign fees when a lease has been terminated or the sign has been destroyed. In the event a lease has been terminated or a sign has been destroyed, the director of the department of planning and development, or his designee, may refund a portion of the sign permit fee based on the amount of time remaining between the date the lease was terminated or the sign was destroyed and the date the permit expires.

(g)

Any person installing, altering or relocating a sign for which a permit has been issued shall notify the administrator upon completion of the work. The administrator may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs. The administrator may require in writing upon issuance of a permit that he be notified for inspection prior to the installation of certain signs.

(h)

Permits for on-premises signs are to be issued for a period of five (5) years. All sign owners are required to renew their sign permits every five (5) years prior to January 31 of the fifth year. Any sign not permitted within the month of January of the fifth year shall be classified as abandoned. On-premises signs with expired permits are illegal and shall be removed by the sign owner at his expense.

(i)

All off-premises sign permits which were valid on the effective date of this article are hereby revoked. The fees paid for such permits shall be prorated, rounded to the nearest ten dollars ($10.00) and applied toward the new permit fees. Each billboard site shall require one (1) off-premises sign permit. Notwithstanding any other provision for the application and issuance of permits, owners of all existing billboards shall obtain a new permit for each billboard within sixty (60) days of the passage of this article. Billboard permits shall be issued for a period of five (5) years. Billboard owners shall renew their permits prior to September 30 of the fifth year without further notice from the city. The renewal fee shall be the same amount as the initial permit fee. The sign owner shall submit to the administrator any changes in the information contained in the original permit. Any sign not permitted by the due date shall be classified as abandoned. Such signs are illegal and shall be removed by the sign owner at his expense.

(j)

Off-premises sign permits issued for new signs prior to the effective date of this article are hereby revoked provided the permit holder has not commenced actual construction under the permit resulting in a tangible erection of the sign structure. The permit fee for such signs shall be refunded by the city upon application of the owner.

(k)

The issuance of a sign permit shall in no instance be construed as waiving any provision of this chapter. If any person commences work on a sign before obtaining the necessary permit, or if a permit issued despite the violation of any provision of this chapter, or if the location or specifications of the sign vary from the approved design or location, the person shall be subject to the penalty prescribed in section 1-9 of this Code and the sign shall be removed as an illegal sign as provided in section 36-536 of this chapter.

(l)

In addition, the administrator shall revoke a sign permit for failure of the holder to conform with any of the provisions of this chapter. All rights and privileges acquired under the provisions of this chapter, or any amendment thereto, are mere licenses revocable at any time.

(m)

Any sign for which a sign permit has been issued must be erected within one hundred eighty (180) days of the issuance of the permit, otherwise the sign permit shall be voided and the permit fee shall not be refunded.

(Code 1961, §§ 44-3(b), (c), 44-7(b)—(f); Ord. No. 15,988, § 4, 12-18-90; Ord. No. 16,181, § 3, 2-18-92; Ord. No. 16,244, §§ 2, 4, 7-7-92; Ord. No. 18,622, §§ 6, 7, 12-18-01; Ord. No. 21,168, § 1(b), 2-2-16; Ord. No. 21,867, § 1, 5-19-20)

(a)

All freestanding signs and the premises surrounding the same shall be maintained by the owner thereof in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds.

(b)

All signs shall be properly maintained at all times. Exposed surfaces shall be clean and painted if paint is required. Defective parts shall be replaced.

(c)

The administrator shall have the right under section 36-536 to order the repair or removal of any sign which is defective, damaged, substantially deteriorated or presents a public hazard, as defined in the edition of the Standard Building Code in force in the city.

(Code 1961, § 44-3(d); Ord. No. 16,000, § 1(r), 2-5-91)

Unless otherwise specified by this chapter, all signs may be illuminated. However, no sign regulated by this chapter may utilize:

(1)

An exposed incandescent lamp with an external reflector and without a sunscreen or comparable diffusion.

(2)

Any exposed incandescent lamp in excess of three hundred (300) watts.

(3)

Any revolving beacon light.

(4)

Any device that allows oscillating, rotating or flashing lights.

(5)

Animation manifesting either kinetic or illusionary motion occasioned by a natural manual, mechanical, electrical or other means.

(6)

The illusion of movement by means of a preprogrammed repetitious sequential switching action in which illuminated elements of the sign are turned off or on to visually simulate the impression of motion characteristic of chasing, running, blinking, oscillating, twinkling, scintillating, or expanding and contracting light patterns.

(Code 1961, § 44-3(e); Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 16,578, § 1(c), 1-18-94)

Unless otherwise specified by this chapter a sign may use changeable copy, limited to:

(1)

Manually activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered by manual means.

(2)

Electrically activated: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed surface composed of electrically illuminated or mechanically driven changeable segments.

However, in no instance shall these types of signs produce the illusion of movement or animation prohibited by section 36-547.

(Code 1961, § 44-3(f); Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 16,578, § 1(d), 1-18-94)

(a)

Compliance with building, electrical and traffic codes. All electrical signs or equipment and devices used in electrical signs shall bear the label of Underwriters Laboratories, Inc., or another recognized independent testing laboratory approved by the building official. Disconnect switches shall be located in a safe and secure location for each electrical sign and shall be located within twenty-five (25) feet of such sign. Each disconnect switch shall be located so as to be readily accessible and shall be properly identified stating what sign it controls. All materials and methods used for installation shall comply with the current adopted electrical code. Specific application shall be made for approval of these signs and/or devices by the building official and/or chief electrical inspector of the city, building codes section. Such review shall be accomplished utilizing standard application and permit procedures established by the city.

(b)

Anchoring. No sign shall be suspended by nonrigid attachments that will allow the sign to swing in a wind. All freestanding signs shall have self-supporting structures erected on or permanently attached to concrete foundations, or erected with pilings or other methods approved by the administrator.

(c)

Wind loads. All signs shall be designed to withstand a wind of sixty (60) miles per hour.

(d)

Additional construction specifications. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required, exit, window or door opening used as a means of egress. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that signs maybe erected in front of any building may cover transom windows when not in violation of the provisions of the edition of the Standard Building Code or Fire Prevention Code in force in the city. Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with all ordinances, depending on voltage concerned. However, in no case shall a sign be installed closer than twenty-four (24) inches horizontally or vertically from any conductor or public utility guy wire. Electrical connections to any sign must be made with overhead or underground connections. Construction and placement of all signs must conform to the applicable traffic codes of the city and in no way restrict the safe and efficient movement of traffic.

(Code 1961, § 44-6; Ord. No. 15,957, § 1, 11-6-90; Ord. No. 15,906, § 1, 1-15-91; Ord. No. 16,000, § 1(r), 2-5-91)

The following signs are permitted in all zones:

(1)

All signs not requiring permits.

(2)

One (1) construction sign for each street frontage of a construction project, not to exceed thirty-two (32) square feet in sign area in residential zones or sixty-four (64) square feet in sign area in all other zones. Such signs may be erected ten (10) days prior to beginning of construction and shall be removed ten (10) days following completion of construction.

(3)

One (1) nonilluminated real estate sign per lot or premises, not to exceed sixteen (16) square feet in sign area on residential one- and two-family-zoned properties and thirty-two (32) square feet in all other zones. Such signs must be removed fourteen (14) days following sale, rental or lease of the property.

(4)

One (1) attached nameplate per occupancy, not to exceed one (1) square foot in sign area.

(5)

Two (2) directional/information signs per lot, not to exceed four (4) square feet in sign area or six (6) feet in height.

(6)

One (1) company or organizational flag, not to exceed one hundred (100) square feet in area, that can be displayed from a permanently mounted flag pole.

(Code 1961, § 44-4(a); Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 16,116, § 1(ff), 11-19-91; Ord. No. 18,767, § 1(a)—(c), 10-15-02; Ord. No. 19,910, § 1(l), 1-15-08; Ord. No. 20,326, § 1(h), 9-21-10)

(a)

The following signs are permitted in residential one- and two-family zones:

(1)

All signs as permitted in section 36-550.

(2)

One (1) freestanding ground-mounted sign is allowed per lot, not to exceed one (1) square foot in area. The maximum height shall not exceed six (6) feet.

(3)

One (1) building-mounted wall sign is allowed for each residence not to exceed one (1) square foot in area.

(4)

One (1) subdivision identification sign per major entrance as determined by the director of planning and development shall be permitted per neighborhood or subdivision, not to exceed thirty-two (32) square feet in area and six (6) feet in height.

(b)

Illumination is allowed but must not be greater than fifty (50) footlamberts or luminance. No commercial advertising is allowed. Only signs denoting the name and address of occupants are allowed.

(Code 1961, § 44-4(b); Ord. No. 16,000, § 1(l), (r), 2-5-91; Ord. No. 19,438, § 1(q), 11-15-05)

(a)

The following signs are permitted in multifamily zones:

(1)

All signs as permitted in section 36-550.

(2)

One (1) subdivision identification sign per neighborhood, subdivision or development, not to exceed thirty-two (32) square feet.

(3)

One (1) identification sign per apartment or condominium complex, not to exceed twenty-four (24) feet in sign area.

(4)

For permitted nonresidential uses, including churches and synagogues, one (1) freestanding sign not to exceed twenty-four (24) square feet in sign area, and one (1) wall sign not to exceed thirty-two (32) square feet in sign area.

(b)

No commercial advertising is allowed. Only signs denoting the name and address of the complex or name and address of occupants are allowed. All allowed freestanding signs shall have a maximum height limit of six (6) feet and shall have a setback of five (5) feet from any public right-of-way, measured from the closest edge of the sign. Illumination is allowed but not greater than one hundred (100) footlamberts of luminance.

(Code 1961, § 44-4(c); Ord. No. 16,000, § 1(m)(r), 2-5-91)

(a)

The following signs are permitted in institutional and office zones:

(1)

All signs as permitted in sections 36-550 through 36-552.

(2)

One (1) freestanding sign per premises, not to exceed two (2) square feet in sign area for each linear foot of main street frontage up to a maximum of sixty-four (64) square feet. Such sign may not exceed a height of six (6) feet. In addition to the above freestanding sign, the owner may use one (1) of the following:

a.

Wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that occupancy's facade area.

b.

One (1) under-canopy or projecting sign per occupancy, not to exceed twelve (12) square feet in sign area.

(3)

Where a building is on a corner or has more than one (1) main street frontage, one (1) wall sign and one (1) additional freestanding sign will be allowed on the additional frontage, not to exceed the size of other wall and freestanding signs.

(b)

All freestanding, projecting, and under-canopy signs shall have a minimum setback of five (5) feet from any property line and vehicular public right-of-way, measured from the closest edge of the sign, and a minimum clearance of thirteen (13) feet over any vehicular use area and nine (9) feet over any pedestrian use area. Illumination is allowed but not greater than two hundred (200) footlamberts of luminance.

(Code 1961, § 44-4(d); Ord. No. 16,000, § 1(n), (r), 2-5-91; Ord. No. 18,902, § 1(b), (h), 7-15-03)

(a)

The following signs are permitted in industrial zones:

(1)

All signs as permitted in sections 36-550 through 36-553.

(2)

One (1) freestanding sign per premises, not to exceed two (2) square feet in sign area for each linear foot of main street frontage up to a maximum of seventy-two (72) square feet. Such sign shall not exceed a height of thirty (30) feet. In addition to the above freestanding sign, the owner may use one (1) of the following:

a.

Wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that occupancy's facade area.

b.

One (1) awning sign per occupancy not to exceed thirty-three (33) percent of the surface area of an awning, or one (1) marquee sign not to exceed one-third square foot in sign area for each linear foot of marquee front and side.

c.

One (1) under-canopy or projecting sign per occupancy, not to exceed twelve (12) square feet in sign area.

(3)

Where a building has more than one (1) main street frontage, one (1) additional wall sign and one (1) additional freestanding sign are allowed on the additional frontage, not to exceed the size limitations of other allowed wall and freestanding signs.

(b)

All freestanding, projecting, awning, marquee and under-canopy signs shall have a minimum setback of five (5) feet from any property line and vehicular public right-of-way, measured from the closest edge of the sign, and a minimum clearance of thirteen (13) feet over any vehicular use area and nine (9) feet over any pedestrian use area. Illumination is allowed but not greater than three hundred (300) footlamberts of luminance.

(Code 1961, § 44-4(e); Ord. No. 16,000, § 1(o), (r), 2-5-91; Ord. No. 18,902, § 1(h), 7-15-03)

(a)

The following signs are permitted in commercial zones:

(1)

All signs as permitted in sections 36-550 through 36-554.

(2)

One (1) freestanding sign per premises, not to exceed two (2) square feet in sign area for each linear foot of main street frontage up to a maximum of one hundred sixty (160) square feet. Such sign shall not exceed a height of thirty-six (36) feet. In addition to the above, freestanding sign, the owner may use one (1) of the following:

a.

Wall or mansard signs not to exceed ten (10) percent in aggregate sign area for that occupancy's facade area.

b.

One (1) awning sign per occupancy not to exceed fifty (50) percent of the surface area of the awning or one (1) marquee sign not to exceed one-third square foot in sign area for each linear foot of marquee front and side.

c.

One (1) under-canopy or projecting sign per occupancy, not to exceed fifteen (15) square feet in sign area.

(3)

Where a building has more than one (1) main street frontage, one (1) additional wall sign and one (1) additional freestanding sign are allowed on the additional frontage, not to exceed the size limitations of other allowed wall and freestanding signs.

(b)

All freestanding, projecting, awning, marquee and under-canopy signs shall have a minimum setback of five (5) feet from any property line and vehicular public right-of-way, measured from the closest edge of the sign, and a minimum clearance of thirteen (13) feet over any vehicular use area, and nine (9) feet over any pedestrian use area. Illumination is allowed but not greater than three hundred (300) footlamberts of luminance.

(Code 1961, § 44-4(e); Ord. No. 16,000, § 1(p), (r), 2-5-91; Ord. No. 18,902, § 1(h), 7-15-03)

(a)

Billboards shall only be allowed in C-3 and C-4 commercial zones, and I-2 and I-3 industrial zones, provided the sign meets the following criteria:

(1)

No portion of the billboard shall encroach within the following setback from the public right-of-way: C-3 zone—twenty-five (25) feet; C-4 zone—forty-five (45) feet; I-2 and I-3 zones—fifty (50) feet.

(2)

The billboard shall not exceed the following maximum height: C-3 and C-4 zones—thirty-five (35) feet; I-2 and I-3 zones—forty-five (45) feet. Height shall be measured from the elevation of the centerline of the adjacent traffic lanes to the highest point of the billboard.

(3)

The billboard site shall be located within six hundred sixty (660) feet of an expressway or freeway or within three hundred (300) feet of any arterial designated by the master street plan.

(4)

No billboard site shall be located less than one thousand (1,000) feet from another billboard site. The separation requirement shall be measured along the nearest edge of pavement between points directly opposite the signs, provided that only on streets separated by a median, each side of the street shall be considered separately for distance purposes.

(5)

No billboard shall be animated.

(b)

I-430, I-630, I-440, Highway 10, Rebsamen Park Road, Chenal Parkway-Financial Center Parkway from Shackleford Road to State Highway 300, Kanis Road from West 12th Street to the western boundary of the planning boundary, Stagecoach Road and Colonel Glenn Road from Stagecoach Road to the western boundary of the planning boundary are designated as scenic corridors for the purposes of this article. No billboard may be altered or erected within six hundred sixty (660) feet of the nearest edge of the right-of-way of the scenic corridors, except on properly zoned properties within the following specifically designated segments of the scenic corridors:

(1)

Along Kanis Road, beginning six hundred sixty (660) feet south of Chenal Parkway to Pride Valley Road. Billboards in this area must not exceed ten (10) feet six (6) inches by twenty-two (22) feet eight (8) inches in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted.

(2)

Along Kanis Road, one thousand (1,000) feet both east and west of Bowman Road; and along Bowman Road, six hundred sixty (660) feet both north and south of Kanis Road.

(3)

Along Kanis Road, from Rodney Parham Road to one hundred (100) feet west of Leander Street.

(4)

Along Colonel Glenn Road, beginning six hundred sixty (660) feet west of I-430 to Lawson Road; and along Bowman Road and David O. Dodd Road, six hundred sixty (660) feet both north and south of Colonel Glenn Road.

(5)

Along Colonel Glenn Road, beginning six hundred sixty (660) feet east of I-430 to one thousand (1,000) feet east of Shackleford Road. Billboards in this area must not exceed ten (10) feet six (6) inches by twenty-two (22) feet eight (8) inches in area, must not exceed a height of fifteen (15) feet and must be constructed in monument style, not pole-mounted.

(6)

Along Interstate 630 beginning one thousand (1,000) feet east of Rice Street to one thousand (1,000) feet west of University Avenue. Existing billboards in this area may be modified and/or altered in their current location or on the same parcels on which they are currently located including conversion to digital format as long as the modifications or alterations do not increase the size of the then-existing faces and as long as the modified or altered billboards and locations meet the then-existing requirements of the Arkansas Highway and Transportation Department including any spacing or distance requirements. No more than a total of four (4) faces across three (3) structures (i.e., a maximum of one (1) structure with two (2) digital faces and two (2) structures with one (1) digital face each) in this area may be converted to digital format, and the conversion of a billboard structure in this area to digital format shall be allowed only if the owner of the billboard to be converted removes another billboard within the city located on Highway 10. Upon such removal, the number of billboard sites allowed to be permitted in areas annexed into the city referenced in subsection (d) shall be reduced by one (1) for each such removal and the current cap ratio stated in subsection (d) for billboard sites shall be adjusted accordingly. Such removal of another billboard shall be required only if the billboard is actually converted to digital format by the owner of the billboard. The removal of the other billboard shall be accomplished no later than the thirtieth day following the first day of operation of the converted digital billboard.

(7)

Along Kanis Road extending five hundred (500) feet west of the Shackleford Road and Kanis Road intersection. The number of billboards permitted in this area shall not exceed one (1). The billboard in this area may be modified and/or altered in its current location including conversion to digital format as long as the modifications or alterations do not increase the size of the then-existing faces and as long as the modified or altered billboards and locations meet the then-existing requirements of the Arkansas Highway and Transportation Department including any spacing or distance requirements. However, the conversion of the billboard in this area to digital format shall be allowed only if the owner of the billboard to be converted removes any ten (10) other currently permitted billboards within the city. Upon such removal, the number of billboard sites allowed to be permitted in areas annexed into the city referenced in subsection (d) shall be reduced by one (1) for each such removal and the current cap ratio stated in subsection (d) for billboard sites shall be adjusted accordingly. Such removal of the ten (10) other billboards shall be required only if the billboard located within this area is actually converted to digital format by the owner of the billboard. The removal of the other billboards shall be accomplished no later than the thirtieth day following the first day of operation of the converted digital billboard.

(c)

Except as set forth in subsections (d) and (g) herein, no new permits shall be issued for billboard sites exceeding the number of billboard sites in existence in the city on the effective date of this article. Existing billboard sites shall be permitted within sixty (60) days as required by this article.

(d)

The number of billboard sites allowed to be permitted in areas annexed into the city after the effective date of this article shall be determined by computing a cap ratio based on the existing number of billboard sites (198) divided by the total square miles of the existing city limits (106.7). The current cap ratio is 1.86 billboard sites per square mile. The cap ratio shall be adjusted to account for billboard sites in annexed areas and new billboard sites may be permitted in the annexed areas to maintain, but not to exceed the cap ratio.

(e)

Owners of existing billboards in areas annexed to the city after the effective date of this article shall obtain an off-premises sign permit from the city within sixty (60) days of the date of annexation.

(f)

Billboard alteration:

(1)

No alteration of billboards shall be allowed on the scenic corridors.

(2)

Billboards may be altered outside of the scenic corridors on an existing site if the site is located in the proper zone and the alteration will cause the billboard site to comply with the height, setback, size and zoning requirements of this article. No alteration fee shall be required of on-site alterations, however, an alteration permit shall be obtained.

(3)

A new off-premises sign permit shall be obtained in order to move a billboard from one site to another site, provided the relocation conforms to all of the requirements of this chapter. No pro rata refund of the off-premises sign permit is available if the billboard is moved to another location.

(g)

Funds on deposit in the billboard account, if used for landscaping purposes, shall first be used by the city for the placement of trees within a two hundred fifty-foot radius of existing billboard sites in the city. After such landscaping and tree placement in areas near billboard sites has been accomplished in any given budget year pursuant to an appropriately created plan, any funds in this account may then be used by the city as part of the urban forestry initiative.

(Code 1961, § 44-4(g); Ord. No. 16,000, § 1(r), 2-5-91; Ord. No. 16,181, § 6, 2-18-92; Ord. No. 16,244, § 5, 7-7-92; Ord. No. 18,408, §§ 1, 2, 12-28-00; Ord. No. 19,266, § 1, 1-18-05; Ord. No. 21,211, § 1, 4-5-16)

(a)

All on-premises wall signs must face required street frontage except in complexes where a sign without street frontage would be the only means of identification for a tenant.

(b)

Sign heights for all ground-mounted on-premises signs located on properties immediately adjacent to and contiguous to an expressway or freeway may be measured from the elevation of the centerline of the traffic lanes (excluding frontage roads) adjacent to subject property to the top of the sign structure. It shall be the responsibility of the sign owner to submit all necessary information when this approach is used.

(c)

In commercial and industrial zones where a lot has in excess of one hundred fifty (150) linear feet main street frontage, one (1) additional on-premises freestanding sign will be allowed for each additional one hundred fifty (150) linear feet of main street frontage. Such signs shall be subject to the size and height limitations of the first allowed freestanding sign and may be placed no closer than one hundred fifty (150) linear feet from any other freestanding sign located on the same property.

(d)

Each business shall be permitted to utilize one (1) temporary special event on-premises, building-mounted banner or device per street frontage as allowed by the administrator for special events or promotions. Special event banners or devices shall only be utilized for nonresidential uses or zoning districts. Temporary special event on-premises banners or devices may be erected for a maximum of twenty-four (24) weeks (one hundred sixty-eight (168) days) per year. A special event permit will be issued for a maximum of six (6) weeks (forty-two (42) days) per permit. Multiple permits may be obtained at one time as specified in subsection (d)(4) below.

(1)

These signs or decorations shall be secured by a method approved by the administrator to ensure safety and stability.

(2)

The maximum size for these banners and decorations shall be five (5) feet vertical and twenty (20) feet horizontal.

(3)

They shall not be tied, secured, mounted or affixed in any manner to a tree, landscaping, screening wall or fence. The placement of these event materials may be pole mounted or on a building provided there are no encroachments into a public right-of-way.

(4)

An annual events permit may be obtained by an owner or operator of a site, which will allow the user to structure the number of events and days per year desired, not to exceed a total of twenty-four (24) weeks (one hundred sixty-eight (168) days). The permit shall be submitted for review and approval as set forth in section 36-545, and a fee assessed as provided in subsection 36-545(e).

Telephone contact may be used to initiate the beginning of events and timing after initial approval.

(5)

Maintenance shall be as provided in section 36-546.

(6)

These materials or devices shall not be placed, mounted or in any way affixed to any off-premises sign or billboard.

(7)

In addition to a building mounted banner, businesses may also utilize one (1) freestanding banner per street frontage. For purposes of developments which have multiple businesses or buildings on a single lot or tract of land, the number of freestanding banners shall be limited to two (2) per property per street frontage.

(e)

Within the institutional and office, commercial and industrial districts, each premises may utilize incidental signs not to exceed twenty (20) square feet in aggregate sign area per occupancy.

(f)

All on-premises ground-mounted signs shall have located on the face of the sign, in characters no less than six (6) inches in height, the street address number of the business identified by the sign. In the case of a double-faced ground-mounted sign, the street address number shall be located on each face of the sign.

(Code 1961, § 44-4(h); Ord. No. 16,000, § 1(q), (r), 2-5-91; Ord. No. 16,578, § 1(b), 1-18-94; Ord. No. 18,902, §§ 1(i), (4), 7-15-03; Ord. No. 19,438, §§ 1(r), 1(s), 11-15-05)

Trailer signs and temporary signs are specifically prohibited except as allowed by this chapter.

(Code 1961, § 44-4(e); Ord. No. 16,000, § 1(r), 2-5-91)

Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this chapter.

(Ord. No. 16,181, § 7, 2-18-92)

Editor's note— Ord. No. 16,181, § 7, adopted Feb. 18, 1992, did not specifically amend the Code; hence, its inclusion herein as § 36-559 was at the discretion of the editor.

No sign shall be erected upon any city right-of-way, or upon city property, unless:

(1)

The sign provides directions to a specific public location or public facility; or

(2)

The sign identifies a specific public location such as the name of a neighborhood, or the identification of a public structure;

and

(3)

The city has expressly enacted a franchise for the placement of the sign, or

(4)

The sign is located on public property under lease to a specific person, or entity, and that person or entity is granted authority in the lease agreement to permit the placement of such a sign.

Any sign placed, erected, or found in the city right-of-way, or upon city property, in violation of this provision shall be subject to immediate removal by the city.

(Ord. No. 18,767, § 2, 10-15-02; Ord. No. 20,326, § 1(m), 9-21-10)