The purpose of this article is to provide reasonable regulations for the erection and display of signs. These regulations are intended to promote the public health, safety, and general welfare through a comprehensive set of reasonable standards and requirements which preserve the appearance of the city.

These regulations are not intended to prohibit the erection or display of a sign with a religious or political message, or any sign allowed or required by state or federal law provided that any such sign conforms to the size requirements and other reasonable requirements of this article.

(Sec. 10.1; Ord. No. 04-14, § 1, 6-21-04)

The provisions of this Code shall apply to signs in both residential and non-residential zoning districts of the city, unless a sign is specifically exempted by section 34-10-3 of this Code. Every sign shall comply with all other applicable ordinances of the city. In case of a conflict between the provisions of this Code and other applicable provisions, the more restrictive provision shall govern.

(Sec. 10.2; Ord. No. 04-14, § 1, 6-21-04)

With the exception of section 34-10-11 concerning design, construction, maintenance, and inspection, the provisions and regulations of this Code shall not apply to the following signs:

(a)

Governmental and official signs including, but not limited to, the following:

(1)

Public notices and official notices posted or authorized by government officials in the performance of their duties.

(2)

Signs for the control or direction of traffic and other appropriate public purposes.

(b)

"No Parking", "No Trespassing" and "No Hunting" signs that are no larger than one square foot in gross sign area and have a sign height of six feet or less. In nonresidential zones, no trespassing and no hunting signs may be increased to three square feet in size.

(c)

Driveway signs including the following:

(1)

Signs at driveway entrances provided that such signs do not exceed one square foot in gross sign area and have a sign height of three feet or less.

(2)

Residential address number located on a sign not larger than one square foot in gross sign area. If such information is contained on a freestanding sign, such sign shall be limited to a height of three feet.

(d)

Illuminated or non-illuminated bulletin board signs (as defined in section 34-2-3) erected by the city, a place of worship, or a school provided that such signs do not exceed 24 square feet in gross sign area and the sign height does not exceed eight feet.

(e)

Residential garage, patio or estate sale signs not exceeding six square feet per sign face with not more than two sign faces which are erected not more than three days prior to such sale and removed the day following the sale.

(f)

Incidental signs as defined in section 34-2-3.

(Sec. 10.2.1; Ord. No. 04-14, § 1, 6-21-04)

In determining the maximum amount of signage allowed on a non-residential premises, sign frontage shall be the primary method of measurement. Every premises has sign frontage as defined in section 34-2-2. Application of sign measurement shall be as follows:

(a)

If premises has sign frontage on one street, the total sign frontage shall be the lineal distance along the right-of-way line of the street.

(b)

If a premises has sign frontage on two or more streets, the total sign frontage shall be the sum of the lineal distance measured along the right-of-way line of not more than two streets provided that the two streets intersect.

(c)

If a premises has sign frontage on the parking lot of an office building or shopping center only, the total sign frontage shall be the lineal distance of the building space that adjoins the parking lot.

(d)

If a premises has sign frontage on one street and on the parking lot of an office building or shopping center, the total sign frontage shall be the sum of the lineal distance measured along the street right of way and the lineal distance measured along the building space that adjoins the parking lot.

(e)

If a premises has sign frontage on two parallel or roughly parallel streets, the sign frontage shall be the lineal distance along the right-of-way of one of the streets.

(f)

If a premises has a common property line with the right-of-way of an interstate highway such common property line shall not be considered sign frontage.

(g)

Any building or use specifically allowed signage on more than one sign frontage shall be limited to displaying or erecting signage on only two sign frontages. The third and any subsequent frontage shall be devoid of any on-premise permanent signs except for a rear entrance sign of not more than two square feet in size. Moreover, when a sign is erected at the street intersection corner of a parcel or at the intersection of a building front, and is situated at an angle so as to be visible from both streets or both frontages, the sign shall not exceed the maximum area allowed for the longest front footage of building occupancy or street frontage.

(Sec. 10.2.2; Ord. No. 04-14, § 1, 6-21-04)

(a)

In residentially-zoned areas, no illuminated signs shall be permitted except permanent signs for places of worship, schools, or government owned and operated buildings, and except for signs associated with a pre-existing nonconforming use. Signs associated with a pre-existing nonconforming use shall be subject to the regulations in subsection 34-10-5(b).

(b)

Illuminated signs in all areas of the city shall be subject to the following requirements:

(1)

Reserved.

(2)

The light from any illuminated sign shall be shaded, shielded and/or directed away from the residents or occupants of surrounding properties. The intensity of such light shall not exceed one-half foot-candle at the property line of any adjoining residentially-zoned property.

(3)

No sign shall have blinking, flashing or fluttering lights, or other illuminating device of variable light intensity, brightness or color.

(4)

Neither direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.

(Sec. 10.2.3; Ord. No. 04-14, § 1, 6-21-04)

(a)

Flags. Flags shall be permitted in any zoning district without a permit. Each lot or parcel of land in the city shall be limited to the display of not more than five flags. Parcels of land in excess of five acres in size, however, may display additional flags provided that there are not more than five flags displayed per five acres of land area. No flag shall exceed 64 square feet in size. Within five days prior to and three days following a national holiday such as Independence Day, Memorial Day or Veteran's Day, there shall be no limitation on the number of U.S. flags displayed on any parcel of land within the city. Flag poles may be up to 25 feet in height in residential districts except on lots of at least one acre which may have flag poles up to 35 feet in height. In other districts they shall be subject to the maximum building height limitations.

(b)

Sign setbacks. All permanent signs shall be set back from property lines according to the regulations specified in this Code or as otherwise required by any other applicable city ordinance. Temporary signs shall be set back at least five feet from the edge of pavement of any road and shall be located outside of the right-of-way of any city, county or state road.

(c)

Sign height. Freestanding signs shall not exceed the heights specified in this Code. If no height limit is specified in the regulations for a specific freestanding sign, such sign shall not exceed six feet in height.

(Sec. 10.2.4; Ord. No. 04-14, § 1, 6-21-04)

The following signs are permitted in all zoning districts subject to all of the limitations and provisions stated in this Code:

(a)

Residential development identification signs which are permanent signs designating a multiple-family development, subdivision or neighborhood. Such signs shall be limited to 32 square feet per sign face with a maximum of two sign faces. Each such development shall be limited to one double-faced sign or two single-faced signs per entrance. A permit is required for a residential development identification sign. In addition, directional signs internal to a development may also be approved by the development administrator or the development administrator's designee provided that such signs are not more than three square feet in size. A permit is required for such signs.

(b)

A residential sign provided, however, that there shall be only one such sign on any lot or parcel of land. Such sign may contain a religious or political message, but may not contain a commercial message. A residential sign shall have a maximum gross sign area of six square feet per sign face and a maximum of two sign faces. No permit shall be required for such a sign provided that the sign is erected by the owner or with the owner's permission. Election signs are regulated in subsection 34-10-7(f).

(c)

A real estate sign may advertise the property for sale, lease or rent, but is limited to six square feet per sign face and a maximum of two sign faces. Real estate signs shall be removed from the premises ten days after the premises is sold, leased or rented. No permit is required for a real estate sign.

(d)

In addition to a real estate sign allowed in subsection 34-10-7(c), two temporary open house signs shall also be allowed. One such sign shall be allowed on site and one is allowed off-site. Open house signs shall be limited to a maximum gross sign area of six square feet per sign face and a maximum of two sign faces, shall be permitted for up to three consecutive days and shall be removed no later than one day after the open house. A minimum of four days shall transpire prior to posting any open house sign on the same lot or parcel for a second or subsequent time. No permit shall be required for such a sign.

(e)

Institutional signs concerning institutional uses such as schools, country clubs, monasteries, convents and places of worship. Such institutions shall be allowed one permanent wall sign and one permanent freestanding sign. In addition, a place of worship having a significant accessory use or uses, such as a day care facility, may have one additional freestanding sign. No permanent sign shall contain a sign face with an area exceeding 32 square feet in size, and no freestanding sign shall have more than two sign faces. One of the permanent signs may be a bulletin board sign with changeable copy. In addition, such institutions shall be permitted one temporary sign which may be a single or double-faced sign although no single sign face shall exceed six square feet and the total gross area of any such sign shall not exceed 12 square feet. Display of such sign shall be limited to a period of 60 days. Institutional signs in non-residential zoning districts may compute allowable signage based on the on-premise permanent sign size allowances in subsection 34-10-8(b) in lieu of the requirements specified in this paragraph. Permits are required for all signs allowed by this paragraph.

(f)

Election signs may be erected with the property owner's permission. Such sign shall not exceed six square feet and the total gross area of any such sign shall not exceed 12 square feet. There shall be no limit on the number of signs allowed on a given property nor shall there be any limit on the time duration of display. No permits are required for election signs.

(g)

For subdivisions under development, a subdivision information sign, as defined in section 34-2-3, may be permitted for each entrance to the subdivision. The size of these signs shall be limited to 36 square feet each. In addition, an identification sign not exceeding 16 square feet in area may be permitted for each model home in the subdivision. Permits shall be required for subdivision identification signs and for signs for model homes.

(h)

Special event balloons may be allowed by the development administrator or the development administrator's designee for significant events or grand openings. A permit is required for special event balloons. Such balloons shall not be allowed to exceed a height of 45 feet above ground level, shall be displayed for not more than four continuous days on any site and shall not be displayed for more than 20 days total on any site during any calendar year.

(Sec. 10.3.1; Ord. No. 04-14, § 1, 6-21-04; Ord. No. 10-13, § 1, 9-7-10)

(a)

Types of signs. In addition to the signs allowed by section 34-10-7, other signs are allowed in non-residential zoning districts which are necessary to identify and promote business, industry and institutions. These signs include the following:

(1)

On-premise permanent signs including wall signs, canopy signs, window signs, projecting signs and freestanding signs. Projecting signs shall only be allowed within the DC district.

(2)

Special purpose signs.

(3)

Temporary signs.

(4)

Billboards (See section 34-10-9).

(b)

On-premise permanent signs. On-premise permanent signs include wall signs, canopy signs, window signs, projecting signs and freestanding signs. The total square footage of all on-premise permanent signs allowed on a site shall not exceed one square foot of gross sign area per linear foot of sign frontage as defined in section 34-2-3. When calculating the total square footage of on-premise permanent signs, only one sign face of a double faced sign shall be counted. Additional regulations are as follows:

(1)

The total gross sign area of all signs located on any wall of a building (including wall signs, canopy signs and permanent window signs) shall not exceed ten percent of the area of such wall. In addition, no individual wall, canopy or window sign shall exceed 100 square feet in size. Projecting signs shall not exceed one square foot of sign area per linear foot of sign frontage. A wall sign or a projecting sign may include automated time and temperature information provided that no other part of the sign moves or appears to move. Sign permits shall be required for all wall signs, canopy signs and permanent window signs.

(2)

Freestanding signs shall be allowed based on the amount of sign frontage. Sign permits are required for all freestanding signs. The sign frontages specified below shall be based on a single frontage. Two or more sign frontages shall not be combined to meet the minimum frontages.

(a)

Sites with less than 100 feet of sign frontage shall not be allowed a freestanding sign.

(b)

Sites with between 100 and 150 feet of sign frontage shall be allowed a low monument sign not exceeding eight feet in height. Such sign shall not exceed 32 square feet of gross sign area per sign face with not more than two sign faces.

(c)

Sites with 150 feet or more of sign frontage shall be allowed one freestanding sign, not to exceed 20 feet in height, or one low monument sign allowed in paragraph (b) above. Such freestanding sign shall not exceed 64 square feet in gross sign area per sign face with not more than two sign faces. Such freestanding signs may include time and temperature information.

(3)

The total gross sign area of all permanent window signage, striping, incidental signs and paper/temporary window signs shall not exceed 25 percent of the total clear glass area along the portion of the storefront on which the signs are located. Sign permits shall not be required for incidental window signs that do not exceed one square foot in gross sign area or temporary window signs that do not exceed six square feet in gross sign area.

(c)

Off-premise permanent signage.

(1)

Circumstances. Off premise permanent signage is allowed only under the following circumstances:

(a)

The sign is constructed as a pole sign, monument, or free standing structure;

(b)

The sign is a maximum of 20 square feet on each side, with a maximum of two sides;

(c)

For square footage towards permitted sign aggregate, only one side is counted.

(d)

Permitted sign area shall be proportionate to the size and needs of the commercial operation served by the off-site sign. Planning commission shall make the determination regarding appropriate size.

(2)

CUP required/requirements.

(a)

The property owner must provide written permission with termination dates linked to annual review events.

(b)

Business owner must provide justification of need - e.g., no legitimate frontage/ exposure to traffic.

(c)

Sign must be kept in good condition.

(d)

Business must remain viable (a business closed for greater than 90 days shall be the basis for sign removal).

(e)

Individually calculated removal deposit must be paid to the city.

(f)

Annual review is required. Application for renewal, nominal fee, and reissuance for continued use. The city may require additional or modified conditions at these annual reviews.

(d)

Special purpose signs. Signs authorized in this paragraph are not to be included in calculating the allowable gross sign area for on-premise permanent signs. Sign permits are required for all special purpose signs.

(1)

Parking direction signs. One freestanding parking direction sign per direction, which may be internally illuminated, shall be permitted for each driveway, provided the sign does not exceed three square feet in gross sign area per face, the sign height does not exceed three feet, and no portion of the sign shall extend into the public right-of-way. If the sign is located at a private driveway, the sign may contain the address of the business or institution on the premises.

(2)

Parking regulation signs. One non-illuminated parking regulation sign (such as "no parking", "parking reserved for" and similar signs), not exceeding five square feet in gross sign area and not exceeding ten feet in sign height, shall be permitted for each commercial or public parking lot. Parking lots with more than 20 parking spaces shall be permitted one such sign for each 20 parking spaces. In addition, a handicapped, van accessible or similar sign shall be allowed for each handicapped parking space. The size and height of such sign shall be no larger or higher than required to be in compliance with the Americans with Disabilities Act (ADA) of 1990.

(3)

Covered walkway signs. A sign not to exceed two square feet in gross sign area, may be hung from the ceiling of a covered walkway that is attached to the front of a retail store. Such a sign shall not exceed 18 inches in drop from the bottom of the said sign to the ceiling surface of the covered walkway, nor shall the bottom of said sign be less than seven feet above the sidewalk surface it is hanging over. Only one covered walkway sign per business shall be allowed. Such a sign shall be hung perpendicular to the retail store front so as to be beneficial to pedestrian traffic.

(4)

Menu boards. Menu boards at drive-in restaurants or drive-through windows at restaurants may be allowed provided the message on such menu board is not legible off the premises.

(e)

Temporary signs. Temporary signs allowed in non-residential zoning districts include on-site construction signs, temporary advertising signs, real estate signs, election signs, and special event signs.

(1)

On-site construction sign. Only one such sign per entire development denoting the owner, architect, engineer, consultant, developer, lender and/or contractor, not to exceed ten feet in height from top of sign to top of grade or two feet in height from bottom of sign to top of grade, shall be permitted. Such a sign shall be erected out of the public right-of-way and shall be removed ten days after the receipt of an occupancy permit for the building or development. The size of such sign shall be based on the formula in subsection 34-10-8(d)(7). Sign permits are required for on-site construction signs.

(2)

Temporary advertising signs. The development administrator or the development administrator's designee may issue a permit for temporary signs advertising special or promotions or grand openings. Temporary signs as authorized herein may be displayed on a premises for a period not exceeding 30 consecutive days, and a maximum of 90 days per calendar year The advertisement contained on the temporary sign shall pertain only to the business, industry, or pursuit conducted on or within the premises on which such sign is erected. The temporary advertising sign may be a sign or banner affixed on poles, wires, ropes, or may be streamers, an "A" frame sign or a similar device. The size of such sign shall be based on the formula in subsection 34-10-8(d)(7).

In addition, "A" frame signs on grade shall be permitted and limited to:

(a)

Size: 30" horizontal x 42" vertical for each of the two panels.

(b)

Location shall not hinder vehicular "lines of site" at intersections, nor unduly impair pedestrian passage. Sign must be located on premises or immediately adjacent in sidewalk area.

(c)

Such signs may be permitted for up to one year. Annual renewal is required.

(d)

Development administrator may refuse requests based upon congestion and other site related conditions.

(3)

Real estate signs. In lieu of the real estate signs allowed by subsection 34-10-8(c), a real estate sign in a non-residential zoning district may exceed six square feet per sign face based on the formula in subsection 34-10-8(d)(7), provided that the sign is limited to advertising the premises on which it is located. Real estate signs shall be removed from the premises ten days after the premises is sold, leased or rented. No permit shall be required for such signs.

(4)

Election signs. Temporary election signs in non-residential zoning districts may exceed six square feet per sign based on the formula in subsection 34-10-8(d)(7). All other requirements of subsection 34-10-7(f) apply to election signs in non-residential districts. No permit shall be required for election signs.

(5)

Special event signs. Signs or banners promoting or announcing a special event sponsored by a governmental or non-profit agency may be approved by the development administrator or the development administrator's designee. Such signs shall not be erected more than 45 days prior to the event and shall be removed within ten days following the event. The size of such sign shall be based on the formula in subsection 34-10-8(d)(7). A permit shall be required for such signs.

(6)

Subdivision direction signs. Subdivision direction signs, as defined in section 34-2-3, are permitted in the NC, DC, GC, LI, GI and AP districts based on the criteria in this paragraph. A permit shall be required for such signs. The size of such sign shall be based on the formula in subsection 34-10-8(d)(7). These are considered off-premise signs and only one subdivision direction sign shall be allowed per lot or parcel of land. Such signs shall be removed within ten days after the subdivision is completed. Such signs shall be permitted for one year and, at the end of that year, the permit may be renewed for six-month increments of time.

(7)

Size limitations. All temporary signs in non-residential zoning districts shall be limited to the size limitations enumerated in this paragraph. The maximum size of temporary signs shall be based on the sign frontage of the lot or building space (if the business is located within a shopping center). In the case of corner lots, only one sign frontage shall be used in calculating the allowable size of the sign.

(8)

Temporary window signs. A temporary window sign not exceeding six square feet in size may be placed in the window of a commercial establishment without a permit provided that the total square footage of all signs placed on or in the windows of the establishment do not exceed 25 percent of the total window area. No permit shall be required for such temporary window signs.

(Sec. 10.3.2; Ord. No. 04-14, § 1, 6-21-04; Ord. No. 10-13, § 1, 9-7-10)

(a)

Billboards limited. Billboards must meet the following requirements:

(1)

It must be located within 660 feet of the nearest edge of the right-of-way of Interstate Highway 64. Billboards are not permitted in any other location in the city limits.

(2)

A billboard may only be placed on lands zoned GC, LI, GI and AP, and must be within the airport overlay zoning district.

(3)

The billboard must comply with all provisions of paragraphs (b), (c), (d) and (e) of this section.

(b)

Size, height and mounting of billboards. The size, height and mounting of billboards shall be regulated by the following:

(1)

The maximum area for any one billboard shall be 200 square feet with a maximum vertical dimension of 15 feet and a maximum horizontal dimension of 20 feet, inclusive of border and trim but excluding the base or apron, supports, and other structural members.

(2)

The maximum height of a billboard shall not exceed 35 feet above the natural grade where the sign is installed.

(3)

No sign shall be located on the roof of a building or on a non-sign structure.

(4)

Billboards may not be stacked such that a billboard sign face is placed immediately above or below another billboard sign face.

(c)

Separation requirements. No billboard or any part of the billboard structure shall be erected:

(1)

Within 50 feet of the property line of the lot on which the billboard structure is located.

(2)

Within 200 feet of any residentially-zoned property.

(3)

Within 50 feet of any existing building.

(4)

Within 200 feet of any park, playground, school, library or place of worship.

(5)

Within 50 feet of an overhead power line.

(6)

Within 5,000 feet of another billboard.

(d)

Permits required. A permit from the city is required to erect a billboard.

(e)

Inspection reports. Whenever a billboard is erected or maintained within the city, the owner of such billboard shall cause an inspection of it at least every five years and a photocopy of the inspection report shall be submitted to the development administrator.

(Sec. 10.3.3; Ord. No. 04-14, § 1, 6-21-04; Ord. No. 07-07, § 1, 5-21-07)

The following types of signs are specifically prohibited in the city:

(a)

Signs visible from a public right-of-way that imitate, blend or conflict with, or that may be confused with traffic signals and signs. Such signs shall include, but not be limited to, signs that are imitations of "stop", "go", "caution", "danger" or "warning".

(b)

Signs that are of a size, location, movement or illumination as may be confused with or construed as a traffic control device or which might obstruct from view any traffic or street sign or signal.

(c)

Signs on public land, except those erected at the direction of, or with the permission of, an appropriate public authority.

(d)

Strips or strings of lights used to call attention to a use or occupancy by outlining property lines, roof lines, doors, windows, wall edges or other architectural features of a building site, or which are suspended from or attached to poles or similar structures. Exempted from this provision are holiday lighting displayed from November 1 through January 15.

(e)

Moving signs, including those of which all or any part of the sign moves or appears to move. This prohibition against moving signs shall extend to devices including strings of light bulbs and rotating signs, whether part of any signs are maintained as an independent feature, but does not include an automated time and temperature sign that is limited to display of time and temperature information.

(f)

Commercial message signs in residential zoning districts. The only exceptions are for real estate signs described in subsection 34-10-7(c), and a sign that is used in connection with a pre-existing nonconforming use as defined by this Code. A sign of that type shall be subject to subsection 34-10-5(b) so long as the nonconforming use continued.

(g)

Snipe signs as defined in section 34-2-3, except as follows:

(i)

Signs can advertise only garage, yard sales or auction events.

(ii)

Signs cannot be erected more than five days before or remain standing more than two days after the advertised event.

(iii)

Signs cannot be placed on public poles or trees. Signs must be placed on free standing stakes.

(iv)

Responsible party must remove the sign during time specified above, or the city will remove the sign and the responsible party will be billed.

(h)

Unkempt or unsightly signs as defined in section 34-2-3.

(i)

Roof signs as defined in section 34-2-3.

(j)

Any sign structure which no longer supports a sign. Exempted from this section is a sign structure which is temporarily void of a sign due to a permitted alteration or repair. A sign permit or an application for a sign permit for this alteration or repair must be on file with the city and said alteration or repair must be completed within 30 days of the issuance of the approved sign permit.

(k)

Permanent or temporary window signs above the ceiling of the second floor including lettering painted or applied to glass.

(l)

Portable signs as defined in section 34-2-3.

(m)

Inflatable signs and tethered balloons, except for special event balloons.

(n)

Signs extending over a roadway except projecting signs in the DC district.

(o)

Signs that advertise an activity or business no longer conducted on the premises upon which the sign is located. Such signs shall be removed within six months after such activity or business ceases operation. The development administrator or the development administrator's designee may grant one extension of not more than six months for this removal.

(p)

Signs erected in a way that would impair the view of motorists at intersections or along public streets.

(q)

Animated signs (no physical movement of the actual sign), except LED or like electronic message display boards.

(r)

Any sign not permitted by sections 34-10-7 to 34-10-9 or exempted by section 34-10-3 is prohibited.

(Sec. 10.4; Ord. No. 04-14, § 1, 6-21-04; Ord. No. 07-12, § 1, 7-2-07)

All signs shall comply with the following general requirements for design, construction, maintenance and inspection:

(a)

Sign faces. When a sign is allowed two sign faces, the sign faces shall be parallel to one another and not more than 14 inches apart unless specifically authorized to deviate from this requirement by an applicable portion of this Code.

(b)

Projections. No sign shall project beyond a property line or into a public right-of-way, except traffic control signs and permitted projecting signs in the DC district authorized by Unified Land Development Code. Projecting signs in the DC district shall not extend more than six feet from the wall of any building nor more than four feet into a road right-of-way.

(c)

Compliance with Building Codes. Erection, construction, installation or placement of any sign requiring a sign permit shall comply with all applicable building codes. The development administrator or the development administrator's designee may deny approval of the erection, construction, installation or placement of any sign which does not meet all minimum standards as set forth in the building codes of the city.

(d)

Sign permits for freestanding signs. A sign permit shall be required for all on-premise permanent freestanding signs. Any sign permit application for a freestanding sign over ten feet in height shall include sealed engineering drawings of the sign and foundation including a wind-load analysis.

(e)

Wind loads. All signs, except those attached flat 30 pounds per square foot of sign area.

(f)

Inspection of wall signs. All wall signs shall be inspected by the city prior to being installed on a wall to ensure compliance with this Code.

(g)

Maintenance of signs. All signs and related structures shall be maintained in good repair, free of rust, peeling, flaking, fading, broken or cracked surfaces, and broken or missing letters.

(h)

Unsafe signs. All signs and related structures shall be maintained in a safe, clean and attractive condition. Whenever the development administrator or the development administrator's designee determines that a sign has become structurally unsafe or endangers life or property or is not being maintained in good repair, a notice shall be sent to the owner or person in charge of the sign that the sign be made safe, repaired or removed. The owner or person in charge of the sign shall have ten days from receipt of such notice in which to comply based on the provisions in subsection 34-10-16(b). Failure to comply shall be a violation of this Code subject to section 34-10-16.

(Sec. 10.5; Ord. No. 04-14, § 1, 6-21-04)

Signs are required to be in compliance with this Code as follows:

(a)

New signs. No new sign may be constructed or erected after the effective date of this Code, unless the sign conforms to all the provisions of this Code and any required sign permit has been issued by the development administrator or the development administrator's designee. Nothing in this Section shall relieve the owner or user of a nonconforming sign from the provisions of this Code regarding safety, maintenance, and repair of signs specified in section 34-10-11.

(b)

Repair or replacement of damaged nonconforming signs. Any existing nonconforming sign that is destroyed, deteriorated or damaged to the extent of 50 percent or more of its replacement cost, exclusive of the foundation, after the effective date of this Code, shall not be rebuilt, repaired or replaced unless in conformity with the provisions of this Code. Repair of such sign shall not affect provisions of any of the other paragraphs of this section.

(c)

Amortization of signs erected without a permit. Any sign that was erected without a permit prior to the effective date of this Code shall be removed or brought into conformance with this Code within six months of such effective date except that signs used in connection with a pre-existing nonconforming use shall be subject to paragraph (e).

(d)

Alterations to nonconforming signs. No existing nonconforming sign may be altered in structure or copy, relocated or replaced after the effective date of this Code.

(e)

Amortization of nonconforming signs (within city limits). All signs within the city limits on the effective date of this Code erected with a permit and signs used in connection with a pre-existing nonconforming use shall be brought into compliance with all provisions of this Code within five years of the effective date of this Code. The provisions of this paragraph shall not apply to any sign receiving a variance after the effective date of this Code.

(f)

Amortization of nonconforming signs (annexed areas). All signs on property annexed into the city after the effective date of this Code shall be brought into compliance with all provisions of this Code within five years of the effective date of annexation.

(Sec. 10.6; Ord. No. 04-14, § 1, 6-21-04)

(a)

Where there are practical difficulties of unnecessary hardship in carrying out the strict letter of the provisions of this article, the planning commission may vary or modify the application of specific regulations for any permitted form of signage so that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done.

(b)

A variance from this article may be granted for any permitted form of signage where it is found that because of the limitations on character, size, number, or dimensions of signs, or the regulations controlling the erection or installation of a sign, the applicant would be subject to practical difficulties or unnecessary hardship. Unnecessary hardship is not considered the loss of possible advantage, economic loss or gain, or mere inconvenience to the applicant.

(c)

The procedures and criteria for granting a variance from the regulations in this Code shall be as set out in section 34-11-4 except that such variance is reviewed and approved by the planning commission.

(Sec. 10.7; Ord. No. 04-14, § 1, 6-21-04)

No sign permitted under sections 34-10-7 to 34-10-9 which is required to have a sign permit shall be erected, constructed, painted or placed upon any building or premises within the city until a permit therefore has been issued by the development administrator or the development administrator's designee.

(a)

No sign permit shall be issued until after an application therefore has been filed in the office of the development administrator accompanied by duplicate scale or dimensional drawings showing the plans and specifications, dimensions, the material of which the sign is to be constructed, the details of construction thereof, including loads, stresses and anchorage, the estimated cost thereof, and in the case of freestanding signs the proposed location with reference to street lines and the walls of adjacent buildings, if any. When a proposed sign is to be attached to a building or other independent structure, the drawings shall show the position of the sign on the supporting structure, the method of attachment to such structure and the character of the structural member to which such attachment is made. In addition, each sign permit application shall be accompanied by information on the size and location of all existing signs on the site.

(b)

All applications for permits to erect signs shall be filed by the owner or lessee of the premises, or shall be accompanied by written consent of the owner or lessee, of the property upon which such sign is to be erected.

(c)

If the development administrator or the development administrator's designee fails to issue a permit after 90 days of the receipt of a completed application, the applicant may appeal to the planning commission for issuance of the necessary permit.

(d)

The applicant must secure a sign permit and pay any appropriate fees associated therewith prior to erecting any sign requiring a sign permit.

(Sec. 10.8; Ord. No. 04-14, § 1, 6-21-04)

The fee for sign permits shall be $2.00 per square foot of gross sign area except that:

(a)

The minimum fee for any sign permit shall be $30.00;

(b)

The fee for a double faced sign shall be based on the area of the largest sign face.

(Sec. 10.9; Ord. No. 04-14, § 1, 6-21-04)

(a)

Inspection of signs. All signs may be inspected by the development administrator or the development administrator's designee to determine if the sign is insecure, in danger of falling or otherwise unsafe. Signs may also be inspected to ensure compliance with all provisions of this Code.

(b)

Notice to remove unsafe sign. When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign exists or is installed or maintained in violation of the provisions of this Code with respect to construction or safety, the owner, person or firm maintaining such sign shall correct the deficiencies or violation or remove the sign within ten days after receiving notice from the development administrator or the development administrator's designee; provided, however, that if such sign constitutes an immediate danger to the public health, safety or welfare, the development administrator or the development administrator's designee shall order immediate correction or removal of such sign.

(c)

Removal of nonconforming signs. Any sign which is not erected, constructed or maintained in accordance with the provisions of this Code shall be removed by the owner within 15 days of notice by the city. If the owner fails to act after 15 days notice to the owner of the property such sign may be removed by the city and the cost thereof charged to the owner of, or person maintaining, such sign.

(Sec. 10.10; Ord. No. 04-14, § 1, 6-21-04)