It is hereby determined that regulation of the location, size, placement and certain features of signs is necessary to enable the public to locate goods, services and facilities without difficulty and confusion, to prevent wasteful use of natural resources in competition among businesses for attention, to prevent hazards to life and property and to ensure the continued attractiveness of the community and protect property values. It is further determined that signs which may lawfully be erected and maintained under the provisions of this article are consistent with customary usage, and that signs which may not lawfully be erected or maintained under the provisions hereof are not consistent with customary usage, are an abuse thereof, and are an unwarranted invasion of the rights of legitimate business interests and of the public.

(Code 1979, § 11:1.900)

The zoning board of appeals may authorize a reduction, modification or waiver of any of the requirements of this article upon request, provided the standards established in section 109-36 are fully met.

(Code 1979, § 11:1.905)

The owner of any sign which is otherwise allowed by this article may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more specific provision to the contrary.

(a)

Required. No sign, billboard, nameplate, marquee or other advertising structure shall be erected, replaced, structurally altered, enlarged, illuminated, changed in purpose or relocated without first obtaining a sign permit pursuant to subsection (b) of this section, except those signs specifically exempted in section 109-468.

(b)

Application. An application for a sign permit shall be made to the office of the code enforcement officer by submission of a form, designed for this purpose, by the owner of the property on which the sign is proposed to be located or by his agent or lessee. Said application shall contain the following information:

(1)

Property owner's name, address and signature of approval.

(2)

Applicant's name, address and phone number.

(3)

Address or legal description of property on which the sign is proposed.

(4)

Name and address of the owner of the sign.

(5)

Total display area in square feet.

(6)

If the sign is pole- or ground-mounted, a site plan drawn to scale, showing location of sign, property lines, location of structures on property, and adjacent streets and alleys, with a detail drawing of the sign and its supporting structure.

(7)

If the sign is a wall or wall projecting type, an elevation drawing of the building elevation on which the sign will be displayed, showing location of the sign on the wall.

(8)

A scale drawing of the display face or faces of the sign.

(9)

Complete construction plans and specifications for any proposed structure.

(c)

Review of application. The code enforcement officer shall review all properly filed applications for sign permits and issue permits only for those proposed signs fully meeting the criteria established in this article and the state construction code. The code enforcement officer shall approve or reject said application within seven full working days of receipt of a completed application submittal.

(d)

Application fees. A schedule of permit fees shall be established and amended from time to time to reflect the cost of administering this article, by resolution of the City Council.

(Code 1979, §§ 11:1.901—11:1.904)

The following listed signs are prohibited in any district:

(1)

A sign erected upon the roof of a building above the building height as defined in this chapter.

(2)

Any sign which obstructs the ingress or egress from a required door, window or other required exit.

(3)

Signs attached to trees, fence posts, utility poles, rocks or other natural features, or painted on the roofs of buildings.

(Code 1979, § 11:1.906)

The following signs are exempt from the provisions of this regulation, including permit requirements:

(1)

Signs prohibiting trespass on private property, when not more than two square feet in display area.

(2)

Signs identifying a building's address and/or the names of the residents, not to exceed two square feet in display area.

(3)

Traffic control, directional, warning or informational signs placed within a public right-of-way, when authorized by a public agency having appropriate jurisdiction.

(4)

Flags bearing the official insignia of a nation, state, country, or educational institution.

(5)

Historic markers, signs identifying the name of buildings or date of erection, and official notices of any court or public agency, not exceeding four square feet in display area.

(6)

Fluttering banners, pennants, ribbons or similar devices used for advertising purposes, provided such devices do not meet the definition of "sign" as stated in this chapter.

(7)

Signs located on the rolling stock of common carriers or on motor vehicles or trailers bearing current license plates which are traveling or lawfully parking upon public highways or lawfully parked upon any other premises for a period not exceeding four hours or for a longer period where the primary purpose of such parking is not the display of any sign.

(8)

On-premises signs located inside an enclosed building and visible through a window or windows thereof where the area of such signs does not exceed 20 percent of the area of the window or windows.

(9)

Ground-mounted signs of eight square feet or less per face advocating or opposing a candidate for public office or a position on an issue to be determined at an election, between the 21st day before the election and the fifth day after the election.

(10)

Signs visible only from the premises on which located or visible off the premises only through a window or windows from which they are set back at least ten feet.

(11)

On-premises directional signs and signs for the purpose of controlling on-site parking, not exceeding five square feet in display area.

(Code 1979, § 11:1.907)

(a)

Whenever, due to cessation of the use of a structure or structures, a sign ceases to advertise or identify goods, services, or activities available or taking place on the lot on which the sign is located, the sign copy shall be covered or removed within 30 days after written notification from the code enforcement officer. Upon failure to comply with such notice, the code enforcement officer is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure, or ground on which the sign is located.

(b)

Whenever the use of land changes to a new use, all sign structures associated with previous use of the land shall be modified as necessary to comply with the sign regulations pertinent to the new use, or removed from the property.

(c)

Whenever a use of land ceases due to demolition or buildings or structures, any sign structures associated with the use shall be removed from the property within six months of the termination of use, unless a new use of the land is commenced within that time, and said sign structures are reused as indicated in subsection (b) of this section. The owner of the property shall be granted an additional six months on written request to the code enforcement officer.

(Code 1979, § 11:1.908)

(a)

No sign shall be located within the right-of-way of any street or alley, nor project over such right-of-way.

(b)

Exceptions.

(1)

In any C-1 or C-2 district, a wall projecting sign may project over the right-of-way a maximum distance of four feet, provided that the sign is otherwise in compliance with this article, and that the bottom of the sign is at least ten feet above the ground below.

(2)

Within the historic district, portable double-faced signs (sandwich sign) may be placed between the curbline of the street and the edge of the right-of-way under the following conditions:

a.

The area of any side of the sandwich sign shall not exceed 16 square feet, and the height of the sign shall not exceed six feet.

b.

The sandwich sign shall be placed as to not obstruct pedestrian traffic.

c.

Only one sandwich sign shall be permitted for each commercial establishment and/or building.

d.

Sandwich signs shall be stored from view whenever the enterprise is not open for business for more than one hour.

(Code 1979, § 11:1.909)

(a)

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

Off-premises advertising sign means a sign advertising other than goods, services, or activities available or taking place on the lot on which the sign is located. When a sign consists principally of a brand name or trade name advertising and the product or service advertised is only incidental to the principal activity, or if it brings rental income to the property owner or sign owner, it shall be considered to be an off-premises advertising sign.

(b)

Standards. Off-premises advertising signs shall be governed by the following standards:

(1)

Off-premises advertising signs shall not be erected within the City except within 120 feet of the rights-of-way of highways U.S. 41 or M-35.

(2)

There shall be not less than 1,000 feet between any two off premises advertising sign locations, and no such sign shall be located within 100 feet of any residentially zoned property.

(3)

Off-premises signs shall be pole-mounted. Off-premises signs shall not be displayed on the walls of buildings, and such signs shall not be supported by adjacent buildings.

(4)

Only one double faced sign shall be allowed per location, provided that the faces of the double faced sign are located not more than 36 inches apart at the widest part and not more than 12 inches apart at the narrowest point, and that the gross area of each face does not exceed 300 square feet.

(5)

No part of the sign shall exceed 30 feet in height.

(6)

The bottom of the display area of the sign shall be not lower than ten feet above the elevation of the centerline of the adjacent highway, and the space between the bottom of the display area and the ground below shall not be enclosed except as necessary to structurally support the sign.

(Code 1979, § 11:1.910)

The following signs shall be allowed for the duration specified provided they are within the size limitations specified:

(1)

Use: Real estate sale, rent, or lease in residential districts (no permit required).

a.

Maximum size per face: Six square feet (single-family), ten square feet (multiple-family).

b.

Maximum duration: 15 days after the purpose of sign is fulfilled.

(2)

Use: Real estate, all other districts (no permit required).

a.

Maximum size per face: 32 square feet.

b.

Maximum duration: 15 days after the purpose of sign is fulfilled.

(3)

Use: Building construction signs in residential districts (no permit required).

a.

Maximum size per face: 20 square feet, (single-family), 32 square feet (multiple-family).

b.

Maximum duration: First occupancy of building.

(4)

Use: Building construction, all other districts except residential (no permit required).

a.

Maximum size per face: 32 square feet.

b.

Maximum duration: First occupancy of building.

(5)

Use: Signs advertising goods, services or events on the premises on which the sign is displayed, in commercial and industrial districts. (This regulation includes trailer signs. Permit required. See note 2.)

a.

Maximum total display area: 100 square feet.

b.

Maximum duration: 90 days each permit. Two permits maximum per year.

(6)

Use: Garage sales, auctions, estate sales, fund-raising events by non-profit agencies. (No permit required.)

a.

Maximum size per face: Six square feet.

b.

Maximum duration: Three days

Note 1—For single-family subdivisions under development: Signs shall be removed within one year after sale of 90 percent of all lots.

Note 2—Trailer signs shall have owner's name and address clearly imprinted for identification purposes.

(Code 1979, § 11:1.911)

On-premises sign requirements for specific uses are contained in the following:

(1)

Use for educational institution, religious institution, institution for human care, cemetery, park and conservation area, public building.

a.

Sign type: Ground or pole.

1.

Maximum display area: 32 square feet.

2.

Maximum height: eight feet.

3.

Sign purpose: Identification and information.

4.

Maximum number of signs: One per principal use.

b.

Sign type: Wall.

1.

Maximum display area: ten percent area of wall area of wall on which sign is mounted.

2.

Maximum height: Not above upper wall line.

3.

Sign purpose: Identification and information.

4.

Maximum number of signs: One per principal use.

(2)

Use for golf course, commercial airport, surface mining, solid waste transfer station. Sign type: Ground.

a.

Maximum display area: 32 square feet.

b.

Maximum height: Eight feet.

c.

Sign purpose: Identification.

d.

Maximum number of signs: One per enterprise.

(3)

Use for manufactured home parks, group housing developments, major subdivisions. Sign type: Ground.

a.

Maximum display area: 40 square feet.

b.

Maximum height: Eight feet.

c.

Sign purpose: Identification.

d.

Maximum number of signs: One per street entrance.

(4)

Use for day care center, adult foster care home, or home occupation in a residential district. Sign type: Wall.

a.

Maximum display area: Four square feet.

b.

Maximum height: Not above front wall.

c.

Sign purpose: Identification.

d.

Maximum number of signs: One.

(5)

Use for individual industrial and commercial establishments.

a.

Sign type: Wall or projecting.

1.

Maximum display area: 15 percent of wall area of wall on which sign is mounted.

2.

Maximum height: not above upper wall line.

3.

Sign purpose: Identification.

4.

Maximum number of signs: No maximum.

b.

Sign type: Pole.

1.

Maximum display area: 100 square feet.

2.

Maximum height: 30 feet.

3.

Sign purpose: Identification.

4.

Maximum number of signs: one pole or one ground sign. (See note 1.)

c.

Sign type: Ground.

1.

Maximum display area: 75 square feet.

2.

Maximum height: 12 feet.

3.

Sign purpose: Identification.

4.

Maximum number of signs: One pole or one ground sign. (See note 1.)

(6)

Use for shopping center or mall as provided for in section 109-431.

a.

Sign type: Wall or projecting.

1.

Maximum display area: 15 percent of wall area wall on which sign is mounted.

2.

Maximum height: Not above upper wall line.

3.

Sign purpose: Identification.

4.

Maximum number of signs: No maximum.

b.

Sign type: Pole.

1.

Maximum display area: One square feet for each front foot of building with a maximum of 300 square feet.

2.

Maximum height: 50 feet.

3.

Sign purpose: Identification of shopping center and/or identification of individual businesses in shopping center.

4.

Maximum number of signs: One pole or one ground sign. (See note 1.)

c.

Sign type: Ground.

1.

Maximum display area: One square feet for each front foot of building with a maximum of 300 square feet.

2.

Maximum height: 20 feet.

3.

Sign purpose: Identification of shopping center and/or identification of individual businesses in shopping center.

4.

Maximum number of signs: One pole or one ground sign. (See note 1.)

(7)

Use for industrial parks.

a.

Sign type: Pole.

1.

Maximum display area: 100 square feet.

2.

Maximum height: 30 feet.

3.

Sign purpose: Identification.

4.

Maximum number of signs: One sign per street entrance.

b.

Sign type: Ground.

1.

Maximum display area: 75 square feet.

2.

Maximum height: 12 square feet.

3.

Sign purpose: Identification.

4.

Maximum number of signs: One sign per street entrance.

Note 1—Corner lots may have one sign on each street with a maximum display area or 100 square feet each.

(Code 1979, § 11:1.912)

No portion of any sign shall be placed within six feet of the vertical plane of any interior property line. No portion of any sign shall project beyond the vertical plane of any property line adjacent to a public right-of-way, except as allowed by section 109-468.

(Code 1979, § 11:1.913)