A.   Purpose: The purpose of this chapter is to promote, preserve and protect the health, safety, and general welfare of the City, to alleviate the congestion of public streets, to provide for the promotion of traffic safety, to conserve the value of buildings, and to enhance and protect the appearance of the community by providing reasonable regulations and standards relating to the type, placement and physical dimensions of signs. This chapter recognizes and subscribes to the right of businesses to advertise and the right of advertising companies to pursue their business, subject to reasonable regulations as adopted in this chapter.

   B.   Scope: This chapter shall apply to all on premises signs and off premises signs within the City. All signs erected, repaired, altered, relocated or maintained within the City shall comply with the provisions of this chapter. (Ord. 14-2, 2-4-2014)

The following terms and definitions are unique to this chapter. Other terms not included may be found in the general definitions of this title, or in any standard dictionary or may be inferred by context.

ABANDONED SIGN: A sign which, for more than ninety (90) days, does not display any advertisement, copy or message or any sign which identifies or advertises a business, lessor, service, owner, product, or activity, which is no longer provided or available at the indicated location or for which no legal owner can be found.

ABANDONED SIGN STRUCTURE: A sign support, frame, pole or structure which, for more than ninety (90) days, does not support a sign.

ANIMATED SIGN: A sign that uses movement or change of light to depict action or to create a special effect or scene. This definition does not include message center or time and temperature signs.

ATTACHED SIGN: A sign attached to any building or habitable structure. Types of attached signs include wall, window, projecting and blade signs.

BALLOON SIGN: A transient sign consisting of graphics or any three-dimensional figure erected for the purposes of advertising, that is inflated with or supported by air or other gas.

BANNER SIGN: A transient sign made of fabric or other nonrigid materials with no enclosing framework. This definition includes "feather" signs or similar banner signs which are supported on fewer than three (3) sides with a rigid post or similar support.

BLADE SIGN: A small attached sign mounted perpendicularly to a building and projecting no more than fifteen inches (15") from the wall, intended to direct pedestrian traffic to specific locations or businesses.

CAMPUS COMPLEX: An agglomeration of industrial, commercial, or professional office parcels that may, because of ownership, proximity of location or arrangement of buildings, be considered a single premises by the Administrative Officer for the purpose of allowing a multi-tenant sign.

CHANGEABLE COPY SIGN: A sign on which copy is changed manually in the field, such as a reader board with changeable letters or changeable pictorial panels.

CIVIC BANNERS: A temporary sign erected or permitted by a government agency on rights-of-way or other City property.

CLEARANCE (Of A Sign): The vertical distance between the prevailing, natural surface grade and the lowest point of any sign, including framework and embellishments, extending over that grade.

DETACHED SIGN: A sign permanently affixed to the ground and otherwise not attached to a building or structure. It may be supported by poles, uprights, braces, or placed on a base mounted directly to the ground. Detached signs include monument signs and pole signs.

DIRECTIONAL/INFORMATION SIGN: An on premises sign giving directions, instructions, or facility information, e.g., parking or exit and entrance signs, and which may contain the name or logo of an establishment but no other advertising copy.

DOUBLE HEAD SIGN: An off premises sign that contains two (2) sign faces when viewed head on. A double head sign may be a side by side or a stacked ("double decker") sign.

EXPRESSWAY SIGN: A detached on-premises sign structure with one (1) or more signs, advertising a business or businesses on the same parcel, with a frontage on the US Highway 18 - IA Highway 27 expressway and placed to be visible from that expressway.

FACADE, OTHER: The exterior walls of a building other than the primary facade or secondary facade.

FACADE, PRIMARY: A single exterior wall of a building that faces the front line of the lot or the exterior wall of a building that contains the primary entrance to the building. The designation of a primary facade shall be at the discretion of the owner.

FACADE, SECONDARY: A single exterior wall of a building other than the primary facade. The designation of a secondary facade shall be at the discretion of the owner.

FACE (Of A Sign): The area of a sign on which the copy is placed.

FESTOONS: A string or series of ribbons, tinsel, small flags, pinwheels or similar devices.

FLASHING SIGN: A directly or indirectly illuminated sign that contains an intermittent flashing light source. This does not include message center or time/temperature signs.

FLIER SIGN: A temporary sign or poster affixed to a tree, utility pole, fence, etc.

HEIGHT (Of A Sign): The vertical distance measured from the highest point of the sign or sign structure to the prevailing natural surface grade beneath the sign.

ILLEGAL SIGN: A sign erected without a permit required by this chapter, or in violation of any of the limitations, prohibitions or requirements of this chapter.

ILLEGAL SIGN STRUCTURE: A sign structure erected without a permit required by this chapter, or in violation of any of the limitations, prohibitions or requirements of this chapter.

ILLUMINATED SIGN: A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

INCIDENTAL SIGN: A small sign, emblem or decal informing the public of information (such as hours of operation, credit cards accepted, etc.), goods, facilities or services available on the premises.

LOT WIDTH: The average width of a zoning lot measured parallel to the front lot line.

MAINTENANCE: The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic size, design, or structure of the sign.

MESSAGE CENTER: All or a portion of an attached or detached sign consisting of an electronically or computer controlled reader board where different copy changes are shown on a lamp bank or other electronic displays. This definition includes a sign or portion of a sign that displays only current time and temperature.

MONUMENT SIGN: A detached sign where the base of the sign is on the ground or a maximum of no more than twelve inches (12") above the adjacent grade or with no more than twelve inches (12") of clearance from the ground.

MULTI-TENANT SIGN: A sign advertising a shopping mall, shopping center, strip mall or campus complex depicting multiple tenants and/or the name of the shopping center.

NONCONFORMING SIGN: A sign that was erected legally but does not comply with subsequently enacted sign regulations and restrictions.

NONCONFORMING SIGN STRUCTURE: A sign structure that was erected legally but does not comply with subsequently enacted sign regulations and restrictions.

OFF PREMISES SIGN: A sign that directs attention to a business, profession, product, service, activity or entertainment that is not conducted, sold or offered on the premises upon which the sign is located. An off premises sign shall be considered a principal use in the zoning districts in which it is allowed.

ON PREMISES SIGN: A sign that directs attention to a business, profession, product, service, or activity conducted, sold or offered on the same premises where the sign is located. An on premises sign shall be considered an accessory use in the zoning districts in which it is allowed.

POLE SIGN: A detached sign that is affixed, attached or erected on a pole that is not itself an integral part of or attached to a building or structure.

PORTABLE SIGN: A sign mounted on a sign structure which, by its construction or nature, may be moved from one location to another, and the principal intended use of the sign structure is advertising. The removal of the wheels or undercarriage does not place the sign in another category. Portable signs mounted on trailers, vehicles or connected to vehicles with hitch mechanisms are also considered to be portable signs. See examples. Portable signs do not include vehicle signs.

POSTER PANEL SIGN: A sign placed outside of a business, usually on the adjacent sidewalk, that is oriented to pedestrians and provides information about the business (e.g., products and services offered, daily specials, etc.) and is not permanently attached to the ground or structure.

PREMISES: An individual zoning lot, parcel or campus complex, together with the buildings and structures thereon.

PROJECTING SIGN: An attached sign supported by uprights, braces, or other devices or otherwise attached to a building or structure and projecting perpendicular to the face of the building.

PUBLIC SIGN: A. A temporary or permanent sign erected and maintained by the City, County, State or Federal government for traffic control or direction.

   B.   A temporary or permanent sign erected for the designation of or direction to any school, hospital, historical site, or public service, property or facility.

ROOF SIGN: An attached sign erected, constructed or maintained wholly or partially upon or over the roofline of any building with the principal structural support on the roof or building structure.

ROOFLINE: The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.

SIGN: An object, device, graphic design or part thereof, visible outdoors, that is used to advertise, announce, identify, declare, demonstrate, display, instruct, direct or attract attention by any means including words, letters, figures, designs, fixtures, colors, motion, illumination, illuminated neon tubing, and projecting images.

SIGN AREA: A. Area of signs not requiring a permit, detached on premises signs, attached on premises signs with frames, and off premises signs:

      1.   For a sign composed of one (1) face: The sign area is the area enclosed by one (1) continuous line, connecting the extreme points or edges of the sign. The area shall be determined using the largest sign area or silhouette, but excluding the necessary supports or uprights.

      2.   For a sign composed of more than one (1) face: The sign area is the areas enclosed by a continuous line connecting the extreme points or edges of each face and shall be totaled. The area shall be determined using the total sign area or silhouette, but excluding the necessary supports or uprights.

      3.   For a sign composed of two (2) faces constructed back to back, or at less than a forty five degree (45°) angle to each other: The sign area shall be determined using the sign area or silhouette of the largest face, but excluding the necessary supports or uprights.

      4.   For a sign composed of two (2) faces constructed at more than a forty five degree (45°) angle to each other: The sign area shall be determined using the total area of all faces, but excluding the necessary supports or uprights.

   B.   Area of attached on premises signs without frames, or attached on premises signs that are inscribed, painted or otherwise directly affixed to the wall surface: The sign area is the area including all lettering, wording, and accompanying design or symbols together with any background.

   C.   Area of a sign composed of individual letters or figures: The area of the smallest rectangle or other geometric shape that encompasses all the letters or symbols.

SIGN SEPARATION: The horizontal distance between sign faces when measured along the centerline of a public right-of-way from a point on the centerline of the public right-of-way at a right angle to the center of one (1) sign face to a point on the centerline of the same public right-of-way at a right angle to the center of another sign face.

SIGN STRUCTURE: The supports, uprights, bracing, or framework of any structure exhibiting a sign.

SINGLE HEAD SIGN: An off premises sign that contains a single sign face when viewed head on.

STREET FRONTAGE: The length of the property line of any one (1) premises abutting the public right-of-way.

SWINGING SIGN: A sign installed on an arm, mast or spar that is by design intended to allow the sign to swing due to wind action or other force.

TRANSIENT SIGN: A sign, banner, pennant, placard, valance or advertising display or sign constructed of light fabric, plastic, cardboard, wallboard, plywood, paper or other light materials, with or without frames, intended to be displayed for a limited period of time, e.g., garage sale, rummage sale, real estate, open house, product sign, vendor sign and similar types of signs, but not including political signs advocating for a candidate, issue, or point of view.

VEHICLE SIGN: A sign other than a portable sign attached to a vehicle, that usually, but not always, identifies the business name, service or other advertising or identifying information pertaining to the vehicle or the service provided by the vehicle on which the sign is attached, other than the license plate, vehicle brand name, or model name.

WALL SIGN: An attached sign that is mounted, inscribed or painted directly on a wall of any building or structure.

WINDOW SIGN: A nontemporary, on premises attached sign installed in, on, or behind a window and intended to be viewed from the outside. (Ord. 14-14, 12-2-2014; amd. 2017 Code; Ord. 21-14, 12-7-2021; Ord. 24-6, 4-2-2024)

   A.   Permit Required:

      1.   Zoning Permit: Except as specifically exempted in this chapter, no sign may be erected, painted or otherwise installed or inscribed on a lot or onto a building unless a zoning permit has been issued that ensures that the proposed sign is in compliance with this chapter.

      2.   Sign Permit: Any sign requiring a permit in accordance with title 10, chapter 2, article G of this Code shall not be erected, painted or otherwise installed or inscribed on a lot or onto a building unless a sign permit has been issued that ensures that the proposed sign is in compliance with the Building Code adopted under title 10 of this Code.

   B.   Zoning Review And Approval Required: Except for signs exempt from zoning permits according to this chapter, a zoning permit to erect, alter or relocate any sign subject to the provisions of this chapter shall be issued only after zoning review and approval. Review and approval shall be required for each sign or signs regulated by this chapter, whether erected concurrently or not.

      1.   Off premises signs shall be reviewed by the Development Review Committee, according to the process outlined in chapter 7 of this title.

      2.   All other signs subject to zoning permits under this chapter shall be reviewed and approved by the Administrative Officer before issuance of a zoning permit.

   C.   Normal Maintenance Or Repair: These regulations shall not be construed to require zoning review and approval or a zoning permit for a change of copy on a sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which zoning approval has previously been granted; provided, that the sign or sign structure is not modified in any way. (Ord. 14-2, 2-4-2014)

The signs listed in table 1 of this section are expressly prohibited in all zoning districts:

   TABLE 1

   PROHIBITED SIGNS

Signs prohibited in all zone districts:

Abandoned and/or obsolete signs.

Abandoned and/or obsolete sign structures.

Any sign not expressly permitted by this chapter.

Any sign that is not a public sign that is located in, on, under or over a public right-of-way, except as allowed in subsection 12-20-6D of this chapter and title 5, chapter 1, article C of this Code.

Any sign that violates or advertises activities that violate City, State or Federal law.

Flashing signs, other than allowed message centers.

Flier signs.

Off premises advertising signs mounted to the wall or roof of a building.

Signs bearing or containing statements, words or pictures that describe or depict specified anatomical areas or specific sexual activities, as defined in title 13 of this Code.

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

Swinging signs.

Vehicle signs, when the vehicle to which the sign is attached is: 1) not located on a property where the vehicle is providing services for which the vehicle is designed; 2) not located on the business property from which the vehicle’s services are provided or dispatched; or 3) not located on the property of the vehicle’s owner, lessee, or authorized operator. (Ord. 14-2, 2-4-2014; amd. Ord. 24-6, 4-2-2024)

   A.   General regulations for signs not requiring a zoning permit:

      1.   Signs shall not be illuminated unless otherwise provided in this chapter.

      2.   Signs shall not be located in, on, under or over any public right-of-way except as allowed in title 5, chapter 1, article C of this Code.

      3.   The sign area shall not be applied to the total sign area allowed by the zoning district, unless otherwise provided in this chapter.

      4.   Signs are not subject to the setback requirement unless specifically stated in this chapter.

      5.   Signs shall not be placed in the traffic visibility zone, per section 12-16-6 of this title.

      6.   Signs must be constructed of a rigid material, or erected tightly so as to appear of a rigid material, and securely mounted without the use of guywires, ropes, strings, or cords.

   B.   The signs listed in table 2 of this section are allowed and are exempted from the zoning permit requirements: (Ord. 14-2, 2-4-2014)

      TABLE 2

      SIGNS ALLOWED BUT NOT REQUIRING A ZONING PERMIT

 

   (Ord. 14-14, 12-2-2014; amd. 2017 Code; Ord. 24-6, 4-2-2024)

   A.   General Regulations:

      1.   Signs shall not be placed in a drainageway, ingress/egress easement, utility easement or other easement of record.

      2.   Signs shall not be located in, on, under or over any public right-of-way except as allowed in subsection D of this section and in title 5, chapter 1, article C of this Code.

      3.   Signs shall not be erected, constructed or maintained so as to obstruct any fire escape, required exitway, window or door opening used as a means of egress or to prevent free passage from one part of a roof to another part thereof or access thereto.

      4.   Signs shall not be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that a sign may be erected in front of and may cover transom windows when not in violation of the provisions of the Building or Fire Prevention Codes.

      5.   Signs shall not be suspended by chains, hooks or cables or other devices that will allow the sign to swing due to wind action or other force. Signs shall be anchored to prevent any lateral movement that could cause wear on supporting members or connections.

      6.   Signs shall not have moving, rotating or animated parts.

      7.   Supports and braces shall be an integral part of the sign design. Angle irons, chains, or wires used for supports or braces shall be hidden from public view to the extent technically feasible.

      8.   Detached signs shall be self-supporting structures and be permanently attached to sufficient foundations as required by the City Building Code. Supporting posts shall be painted in a neutral color.

      9.   An attached sign must derive all of its structural support from the building to which it is attached.

      10.   A mural painted directly upon a building wall shall not be considered a sign and therefore not subject to regulation, unless the artwork or graphics contain letters, logos or other representations that constitute advertising. Any portion of a mural that constitutes advertising shall be subject to the requirements for wall signs as outlined in section 12-20-8, table 3 of this chapter.

      11.   After any sign that requires a zoning permit is constructed, affixed or erected, the sign owner or sign contractor performing the work or service shall notify the Administrative Officer for final inspection of the sign.

      12.   Signs shall not be placed in the traffic visibility zone, per section 12-16-6 of this title.

   B.   Electrical And Illumination Requirements:

      1.   Electrical service to on premises and off premises signs shall be concealed to the greatest extent feasible.

      2.   External lighting used in conjunction with or the lighting of any sign, shall be directed only upon the sign to be illuminated. Any illumination of a sign, whether internal or external, shall not be directed onto adjoining property or constitute a hazard to vehicles upon a street or highway.

      3.   Any sign that is allowed to be illuminated shall not have any flashing elements, unless a message center is allowed.

      4.   In the Z2 and Z3 Zone Districts, only signs for multiple- family developments and allowed nonresidential uses may be illuminated.

   C.   Maintenance Standards:

      1.   Every sign, including signs for which zoning permits are not required, shall be maintained in a safe, representable and good structural and aesthetic condition at all times, including replacing of defective parts and lettering, repainting, cleaning and other acts required for the maintenance of the sign.

      2.   The ground area around any detached sign shall be kept free and clean of weeds, trash and other debris. Landscaping at the base of the sign, if required, shall be maintained in a healthy and hardy condition.

   D.   Encroachment Standards:

      1.   Wall signs attached parallel to the face of a building and blade signs may encroach into an adjacent right-of-way up to fifteen inches (15").

      2.   Projecting signs, canopy and awning signs that encroach into the public right-of-way are allowed after review and approval by the City Council per title 5, chapter 1, article C of this Code and after confirmation that the signs meet the requirements of this section.

      3.   A poster panel sign on a public sidewalk or plaza shall not require an encroachment permit from the City Council; provided, that the requirements of subsection E3 of this section are met.

      4.   Detached signs shall not be allowed to encroach into any right-of-way.

   E.   Specific Sign Requirements:

      1.   Projecting Signs:

         a.   A projecting sign must be constructed to provide a minimum height above grade at least ten feet (10') above any pedestrianway and fourteen feet (14') above any vehicularway.

         b.   A projecting sign may not project more than four feet (4') from the face of the building.

      2.   Blade Signs:

         a.   Extension: A blade sign shall not extend more than fifteen inches (15") from the face of the wall.

         b.   Maximum Area: Three (3) square feet. The area of the blade sign shall be counted toward the cumulative maximum area of allowed attached signs.

         c.   Minimum Clearance From Sidewalk: Seven feet (7').

         d.   Number Of Signs Permitted: One (1) blade sign shall be permitted for each business accessed from a building frontage. A blade sign shall be located near the business entrance. A business fronting on two (2) or more streets, or streets and a parking lot in combination, may have one (1) blade sign per frontage, but in no case may a business have more than two (2) blade signs.

         e.   Faces; Thickness: Blade signs shall have no more than two (2) faces, placed back to back to each other in the same plane, and shall be no more than three inches (3") thick.

         f.   Materials: Blade signs shall be constructed of rigid and permanent materials, such as wood, metal, or rigid polymer.

         g.   Illumination: A blade sign may be illuminated only by an internal light source or by a low intensity light source that is not directly visible from the ground and is directed only upon the sign, or indirectly illuminated by a shielded, wall mounted building light or other ambient light source.

      3.   Poster Panel Signs:

         a.   The sign shall be located at least two feet (2') from an adjacent curb and shall not impede passage of pedestrians along the sidewalk.

         b.   The sign shall be anchored or weighted to prevent it from being affected by wind or other force.

         c.   A poster panel sign shall be removed from the sidewalk and stored indoors whenever the business is not in operation or open to the public.

         d.   The holder of the sign permit for the poster panel sign shall provide proof of insurance sufficient to hold the City harmless from and indemnified against all damages arising from or growing out of the placement of the sign.

      4.   Message Center Signs:

         a.   A sign permit application for a message center sign shall be accompanied with all data and information necessary to show compliance with the requirements of this section.

         b.   The sign may not display commercial messages related to products or services that are not offered on the same premises.

         c.   No more than seventy percent (70%) of the area of any detached sign may be dedicated to a message center. Up to one hundred percent (100%) of an attached sign may be dedicated to a message center.

         d.   No more than one (1) message center sign is allowed per property, regardless of sign type (attached or detached).

         e.   No element of the display may flash more than one (1) time per second. Foreground elements, including text, may be animated, but shall not move or change size in a manner that simulates blinking or flashing (such as rapid increase or decrease in the size of elements or rapid movement of elements from one part of the display to another).

         f.   Full motion video or film display via an electronic file imported into the message center software or streamed into the message center is prohibited.

         g.   Transition from one message to the next shall be smooth; transitions that simulate flashing (such as spinning transitions, simulated flying in and out of the display, rapid zooms, or similar) are not permitted. Transitions shall not exceed one (1) second.

         h.   The minimum message display duration shall be seven (7) seconds.

         i.   The sign must be equipped with brightness controls that automatically adjust the intensity of the light, based on ambient light levels.

         j.   A message center shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot-candle meter at a pre-set distance, calculated using the following formula: measurement distance = √ area of sign X 100 (the measurement distance can be rounded to the nearest whole number).

         k.   In the Z5 District, a message center sign is permitted only on lots with frontage on those segments of Delaware Avenue and Washington Avenue under the jurisdiction of the Iowa Department of Transportation as US Highway 65. Such message center signs must be placed so as to be visible from Highway 65.

      5.   Expressway signs. In addition to any other sign structures and signs permitted by this chapter, one (1) expressway sign structure may be erected on a lot in the Z4 or Z6 District which has at least seventy-five feet (75') of frontage on the US Highway 18 - IA Highway 27 expressway, subject to the following:

         a.   Number Permitted. Only one (1) expressway sign structure is permitted per parcel with frontage on the expressway. More than one (1) sign may be mounted to the sign structure, provided that the cumulative height and area of all signs conform to the requirements of this section.

         b.   Setbacks: Minimum setback from any right-of-way shall be fifty feet (50') to the leading edge of the sign; maximum setback from any right-of-way shall be one hundred fifty feet (150') from the trailing edge of the sign.

         c.   Area: The maximum area of an expressway sign shall be two hundred fifty (250) square feet. The area of an expressway sign shall not be counted towards the cumulative square footage allowed for all other detached signs.

         d.   Height: The maximum height of an expressway sign shall be seventy feet (70').

         e.   Illumination: An expressway sign may be internally illuminated, but may not include a message center; however, a gas/convenience function may display gasoline prices that are changed electronically. (Ord. 14-14, 12-2-2014; amd. 2017 Code; Ord. 21-1, 1-5-2021; Ord. 21-14, 12-7-2021)

   A.   A campus complex may be designated by the Administrative Officer in the Z4, Z6 and Z7 Districts where several parcels are located and arranged so that they give an appearance to the general public of an institutional or commercial center. A designation of a campus complex allows the various parcels to be considered a single premises for the purpose of meeting the requirements for a multi-tenant sign.

   B.   The designation of several parcels as a campus complex allows a single sign structure to support the detached signs of the various parcels. The formula for determining detached sign allowances in the zoning district shall be applied to each individual parcel. A single sign structure, located on any one of the parcels, may be used to support the various detached signs of each individual parcel. In no case shall more total or individual sign area be allowed under the campus complex designation than would be allowed using the sign area requirements of each individual premises.

   C.   A sign designating the name of the campus complex may be attached to the campus complex sign structure. The total sign area allowed on the campus complex sign structure, including the sign designating the name of the campus complex, shall not exceed the sign area allowed above. (Ord. 14-2, 2-4-2014)

   A.   Allowed Signs: Attached, detached and portable on premises signs are permitted in each zoning district according to tables 3, 4 and 5 of this section.

   TABLE 3

   ON PREMISES SIGN REQUIREMENTS - ATTACHED SIGNS

 

 

   5.   Applies only to residential forms and functions in the Z7-6 District.

   TABLE 4

   ON PREMISES SIGN REQUIREMENTS - DETACHED SIGNS

 

 

   TABLE 5

   ON PREMISES SIGN REQUIREMENTS - PORTABLE SIGNS

 

 

(Ord. 14-2, 2-4-2014; amd. Ord. 14-14, 12-2-2014; 2017 Code; Ord. 20-10, 11-3-2020; Ord. 21-14, 12-7-2021; Ord. 24-6, 4-2-2024)

   A.   Principal Use: An off premises sign shall be considered a principal use in the zoning districts in which it is allowed.

   B.   Where Permitted: Off premises signs are permitted according to the requirements of table 6 of this section:

      TABLE 6

      OFF PREMISES SIGNS

 

   Notes:

       1.    Electronic digital display message centers shall be subject to the requirements of subsection E of this section.

       2.    If a minimum and maximum setback range is indicated for the district, the off premises sign shall meet the maximum setback required for the district.

   C.   Identification Plate: All off premises signs hereafter erected or remodeled shall bear a permanent, legible identification plate stating the name of the owner of the sign or corporation responsible for the construction or erection of the sign.

   D.   Construction: All off premises signs shall be constructed on steel supports and such supports shall have a neutral color.

   E.   Electronic Digital Display Message Center Off Premises Signs: An off premises sign meeting all other requirements of this section may consist of an electronic digital display message center, subject to the following:

      1.   Each message shall be static and not animated in any way.

      2.   Minimum duration of a message shall be seven (7) seconds.

      3.   Transition from one (1) message to the next shall be instantaneous and shall not fade, scroll or otherwise be animated.

      4.   Maximum brightness of the electronic graphic display message center shall not exceed illumination of five thousand (5,000) nits (candelas per square meter) during daylight hours, nor five hundred forty (540) nits between dusk and dawn, as measured from the sign's face at maximum brightness.

      5.   An electronic graphic display message center shall be equipped with automatic dimmer features to adjust brightness levels for ambient light during daylight hours. The illumination system shall be set to "automatic" in order to comply with levels of brightness as set forth in this section.

      6.   The electronic graphic display message center shall have an automatic dimmer switch control to produce a distinct illumination change from a higher illumination level to a lower illumination level for the period of time between one-half (1/2) hour before sunset and one-half (1/2) hour after sunrise.

      7.   An off premises sign with an electronic graphic display message center may only be constructed to replace an existing off premises sign. (Ord. 14-2, 2-4-2014)

   A.   On Premises Signs: All signs legally erected and in existence on the adoption date of this chapter and which do not conform to the provisions of this chapter shall be deemed a nonconforming sign and may continue in existence until:

      1.   The sign is deemed abandoned.

      2.   The sign is damaged or destroyed in excess of fifty percent (50%) of its replacement cost at the time of damage or destruction.

   B.   On Premises Sign Structures: All sign structures legally erected and in existence on the adoption date of this chapter and which do not conform to the provisions of this chapter shall be deemed a nonconforming sign structure and may continue in existence until:

      1.   The sign structure is deemed abandoned.

      2.   The sign structure is damaged or destroyed in excess of fifty percent (50%) of replacement cost at time of damage or destruction.

   C.   Off Premises Signs And Sign Structures: All off premises signs and sign structures legally erected and in existence on the adoption date of this chapter and which do not conform to the provisions of this chapter shall be deemed a nonconforming off premises sign or sign structure and may continue in existence until:

      1.   The sign or sign structure is deemed abandoned.

      2.   The sign or sign structure is destroyed in excess of fifty percent (50%) of replacement cost at time of destruction.

   D.   Abandoned Signs And Sign Structures: An abandoned sign and/or sign structure, regardless of nonconforming status, shall be removed within ninety (90) days after abandonment. (Ord. 14-2, 2-4-2014)

   A.   Unmaintained Signs:

      1.   The owner of any unmaintained sign is prima facie responsible for the maintenance of that sign upon public or private property in violation of this chapter. Any owner, occupant or person in possession of real property within the City upon which one (1) or more unmaintained signs are found is prima facie responsible for permitting the unmaintained sign upon the property in violation of this chapter. No person shall be charged with more than one (1) violation of this chapter for any one (1) sign. The owner of an unmaintained sign and the owner of real estate upon which the unmaintained sign are found may both be charged.

      2.   Each day the owner of an unmaintained sign and the owner, occupant or person in possession of real property within the City is found in violation of this chapter and permits the violation to continue after the notice period provided in subsection A4 of this section shall be a new violation of this chapter.

      3.   Upon discovery of any unmaintained sign upon private property within the corporate limits of this City, any police officer, or other City officer, official or employee having authority or responsibility for enforcement of any provisions of this title, may notify in writing the owner of the unmaintained sign, and the owner of the property upon which it is located that:

         a.   The unmaintained sign constitutes a violation under the provisions of this chapter.

         b.   The owner must abate the violation by removing or repairing the sign in accordance with the terms of subsection A4 of this section.

         c.   Failure to remove or repair the unmaintained sign shall be sufficient cause for removal and disposal by the City and assessment of costs.

         d.   In the alternative, the City may cause to be issued to the owner of the unmaintained sign, or to the owner of the property on which the unmaintained sign is found, a citation for a Municipal infraction setting forth the violation of this chapter and seeking an order of removal on conviction.

         e.   The notice provided by this section relates only to the abatement of a violation of this chapter and is not an element of a violation; provided, however, that a second or any subsequent citation shall not be issued until after the notice provided herein.

      4.   The owner of the unmaintained sign that violates the provisions of this chapter, or the owner of the property upon which it is located, shall within ten (10) days after service of a written notice from any police officer, or other City officer, official or employee having authority or responsibility for enforcement of any provisions of this title, remove or repair the sign.

      5.   If the owner of an unmaintained sign or the owner of the property upon which it is located shall fail to remove or repair same in accordance with the requirements of subsection A4 of this section, any police officer, or other City officer, official or employee having authority or responsibility for enforcement of any provisions of this Code, may abate the violation by causing the sign to be removed to a place of safekeeping and the cost of the removal and storage shall be charged to the owner of the unmaintained sign, or to the owner of the property upon which it was located.

   B.   Violation: A violation of any of the provisions of this chapter may be charged as a Municipal infraction or a misdemeanor. (Ord. 14-2, 2-4-2014)