As used in this chapter:

   (a)   "Right of way" means the entire width between the boundary lines of every dedicated and accepted way open to use of the public as a thoroughfare for the purpose of vehicular travel.

   (b)   "Sign" means any advertisement, announcement, mark of identification or symbol attached to, painted or illuminated directly or indirectly upon any land or building, except the flag, emblem or insignia of a nation, political unit, school or religious group.

   (c)   “Residential districts” mean the following: Single family, Multi-family, Garden-type and Elderly Apartment District, Condominium District and Garden Condominium District.

   (d)   “Business District” means the following: Business District, Office Building District and Industrial District.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2016-O-22. Passed 9-13-16.)

   (a)   In order to accomplish the purpose of zoning regulations and preserve the character of variously zoned districts, only those signboards, advertising signs or outdoor advertising structures included within the meaning of the word "sign" shall be erected or permitted in the City in accordance with the provisions of Part Fourteen - the Building and Housing Code and this chapter or amendments thereto.

   (b)   All signs shall be limited to not more than two faces, not separated by more than ninety degrees.

(Ord.79-0-14. Passed 7-24-79.)

   The following regulations shall apply to signs in Residential Districts of the City.

   (a)    Identification Signs.

      (1)   Nonilluminated signs.One nonilluminated identification sign per residence not exceeding three square feet in area and located in the front yard and not less than ten feet from the right-of-way line and not less than fifteen feet from either side property line and the rear yard line is permitted. The sign may be increased by an additional one-half square foot in area for each fifteen feet that the sign is set back from the right-of-way line.

      (2)   Illuminated identification signs. One identification sign, as limited in Section 1284.12, which may be illuminated, for apartment buildings or apartment complexes, to be located in the front yard, not exceeding one square foot per face per living unit, but not to exceed a total of thirty square feet per face is permitted. The sign may not be closer than ten feet from the right-of-way line nor closer than fifteen feet from either side lot line or rear lot line.

      (3)   Identification sign or bulletin board. One identification sign or bulletin board for each public or religious institution, located not less than ten feet from the right-of-way line and not less than twenty-five feet from any residential lot line, and not to exceed forty square feet in area is permitted. Permitted exceptions to this regulation are public schools, which may be permitted signs to a maximum of 160 square feet in area, provided that they are set back from the public right of way a distance equal to one-half the number of feet of the total square footage of the sign.

   (b)   Subdivision Signs.One subdivision sign not exceeding 150 square feet in total sign area on all faces and located not less than the approved front yard or side yard setback distance from the respective right-of-way line or side lot lines is permitted. One sign for the first 500 feet of lot frontage and one additional sign for each 500 feet within the same subdivision is permitted. Signs shall be located at least 500 feet apart. In no case shall more than three signs be allowed. Permits for such signs shall be for a period not exceeding one year and may be renewed while any building permits are in effect.

   (c)   Gateway Signs. One sign on a gateway shall be permitted, provided that the area of the sign does not exceed twelve square feet in total area and the sign is located not less than ten feet from the dedicated right of way or fifteen feet from the side line, and does not exceed eight feet in height from the established grade level and does not interfere with traffic visibility. If a gateway sign extends over a driveway, it should not be lower than fourteen feet nor higher than sixteen feet.

(Ord.79-0-14. Passed 7-24-79.)

   The following regulations shall apply to signs in the Business District of the City.

   (a)   Permanent Signs. Permanent signs, which may be illuminated, and are limited to advertising the proprietor or company or the brand name and the goods sold or services rendered and information regarding help wanted are permitted on the premises only, if conforming to the following regulations.

      (1)   Maximum area. The maximum area of all permanent advertising signs of any single business, to be displayed on or in front of the front or side wall only, shall not exceed four square feet of sign area for each lineal foot of front or side wall of the building, or part thereof, occupied by the business. Wall signs affixed to or displayed on the face of the building shall not extend above the main roof line of the building and shall not project more than eighteen inches in front of the face wall of the building.

      (2)   Additional wall sign. One additional wall sign complying with the provisions of paragraph (a) (1) hereof for such signs is permitted for each single business enterprise located on a second floor only or higher, provided that the sign area does not exceed two percent of the floor area occupied by the business, or a maximum of fifty square feet.

      (3)   "Sale, " "rental" or "lease" signs. One sign, not exceeding forty square feet per sign face, in the Business District advertising only the sale, rental or lease of a lot, building or portion thereof and located not closer to any lot line than one-half the required building setback distance from that line is permitted.

      (4)   Identification sign. One identification wall sign, not exceeding two square feet in area, for each door or entryway to any building is permitted.

      (5)   Temporary signs. Temporary signs are permitted as inside displays, provided that any sign attached to or marked on the windowpane or located within ten feet of the inside window surface does not exceed fifty percent of the windowpane area.

   (b)   Free Standing Signs.

      (1)   In addition to wall signs, one free standing sign for each business is permitted on the enterprise premises only, provided that the enterprise premises, exclusive of jointly used or shared portions, such as parking lots, malls, easements, common use lobbies, halls and any other type of area not under single exclusive occupancy, have a projected street frontage of not less than 100 feet. Such sign may not exceed sixty-four square feet per face and shall be limited to twenty-five feet in height, and set back from the dedicated right of way not less than 125 percent of the sign height nor more than fifteen feet from the rear property line, and with a fifteen foot sideline setback. This paragraph shall not apply to jointly used or shared premises in which one or more businesses occupy land under a single ownership. In no event shall there be permitted any advertising for pay or any sign permitted by this section or any other provision of this chapter.

      (2)   In addition, a sign may be five feet in front of the existing line of the building, except that the sign may not project over any public right of way. Such a sign shall not exceed forty square feet per sign face nor exceed twenty feet in height from the established grade level of the nearest adjacent paved public street.

      (3)   In addition, a sign that is not closer than fifty feet to the right of way with the same fifteen feet of sideline and rear lotline requirement may contain up to 100 square feet and may be thirty feet in height from the established grade level of the nearest adjacent paved public street.

      (4)   In the case of jointly used or shared premises in which one or more businesses occupy land under a single ownership and does not have the land and building area referred to in paragraph (b) (5) hereof, the owner of the premises is permitted no more than one free standing sign for the premises as a whole. The sign may carry the trade name or other designation of the entire premises in addition to the enterprises located thereon. But in the event that a tenant or occupant already has a free standing sign on the premises, no additional free standing sign is permitted. Such a free standing sign shall be on the premises and not closer than fifteen feet to a sideline, nor closer than twenty-five feet to the front or right-of-way line. Such a sign shall not exceed sixty-four square feet per face and shall be limited to twenty-five feet in height. The owner under this section shall be deemed to be that person who is the owner of record as of October 12, 1976.

      (5)   In the case of jointly used or shared premises and also in the case of premises having a single occupancy and a conforming business, when such jointly used or shared premises or such single occupancy premises have a minimum of 50, 000 square feet of land area, excluding buildings and with 25, 000 square feet of building floor area, the owner is permitted to have four square feet of additional sign area per face and four inches of additional height for each 251000 square feet of open land area and each 12, 500 square feet of floor area above the respective minimums. The maximum size of such a sign shall be 700 square feet per sign face and the maximum height allowed shall be fortyfive feet. In no case shall any sign setback be less than 125 percent of the sign's height, as the setback is measured from the nearest dedicated right of way.

      (6)   The combined land and building areas of any such owners may be considered as a single premise under sole ownership for the purpose of calculating the sign dimensions, provided that the owners have executed and filed with the City a joint application in a form satisfactory to the City requesting the benefits of this section.

      (7)   The lowest horizontal projecting feature of any free standing sign shall be eight feet or more above the established grade level.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   One sign not exceeding twenty-five square feet in area and located a minimum of ten feet from the property line for each parcel of land identifying only the use or activity thereof which would be of interest to the general public, and not less than twenty-five feet from any residential lot line is permitted in the Recreational Park District.

   (b)   Commercial advertising signs shall also be allowed on the fences surrounding the fields of McMinn and Andrews Field Parks. In the event that commercial signs are placed on the fences at McMinn or Andrews Field Parks, then the Mayor or his designee shall charge each advertiser a fee for the placement of the signs. The fee to be charged for the placement of the commercial advertising sign shall be established by the Mayor or his/her designee on a yearly basis and all revenue that is generated by the sale of the commercial advertising signs shall be used exclusively for improvements to the respective parks. The Mayor or his/her designee shall establish appropriate rules and regulations for the placement, the size and the type of sign that will be allowed on the fences. In no event shall the commercial signs be larger than thirty-two square feet per face of each sign. The provisions of Section 1284.17 are inapplicable to the owner(s) of the commercial sign(s) on the McMinn and Andrews Field Park fences.

(Ord. 95-O-02. Passed 5-23-95; Ord. 2004-O-03. Passed 4-13-04; Ord. 2016-O-22. Passed 9-13- 16.)

   Signs in the Yacht Club District shall be as permitted in Section 1284.05.

(Ord.79-0-14. Passed 7-24-79.)

   One sign, not exceeding fifty square feet per face, on the site of a building under construction and only while under a valid building permit, which may bear the names of the future occupants, architect, engineers or contractors engaged in the construction, and located not closer to any lot line than one-half the required building setback distance from that lotline, is permitted in addition to the signs permitted in Sections 1284.03 through 1284.06.

(Ord.79-0-14. Passed 7-24-79.)

   One directional sign is permitted at the approximate location of each Municipal boundary line intersected by a major arterial highway. Such sign shall be devoted exclusively to information, identification, location and meeting dates of all service clubs. Design, placement and erection of the sign shall be subject to the approval of the Planning and Zoning Commission.

(Ord.79-0-14. Passed 7-24-79.)

   All parking lots may have entrance and exit signs, but all parking lots for 120 cars or over with access roadways of over twenty feet in width shall have appropriate signs designating "entrance" or "in" and "exit" or "out" lanes or "Exit" or "Out, " and may also have arrows or other appropriate directional indicators and shall not be less than eight feet nor more than ten feet from the edge of the right of way or access roadway without regard to sideline requirements.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Temporary signs, including those on wheels, not otherwise referred to in this chapter and not in conflict with the purpose of this chapter may be displayed for not more than a one month period, semiannually, by obtaining a special permit from the Zoning Inspector.

   (b)   Notwithstanding the provisions of subsection (a) hereof, governmental political subdivisions that are located in the business zoning district of the City may display temporary banner signs that are either affixed to their building or mounted in the manner described below for not more than fourteen days a year. Any governmental political subdivision that wishes to display a banner pursuant to the terms of this section shall register with the City before displaying the banner.

   (c)   For the purposes of this section a "banner" shall not:

      (1)   Exceed thirty inches by eighty inches in size and all banners shall be made of awning or acrylic canvas or marine acrylic fabric.

      (2)   All banners shall be attached to the building or a pole by a heavy-duty metal bracket system specifically manufactured for this purpose. No banners may be erected in the City right-of-way. All banners not affixed to a building shall be mounted to provide a minimum clearance of fourteen feet from the bottom of the banner to the ground.

      (3)   No banner shall be mounted which obstructs or interferes with any traffic sign or traffic control device.

   (d)   The owner of property in the Business, Office Building or Industrial Districts in the City may allow up to two temporary signs to be displayed on their property for the time periods specified in subsection (a) hereof. Any temporary sign displayed pursuant to this subsection (d) shall not exceed three feet in height or two feet in width and any such sign shall not be displayed in the road right-of-way. The owner of the temporary sign that is displayed pursuant to this subsection (d) shall obtain a special permit from the Zoning Inspector to display the sign and the owner of the property where the sign is to be displayed shall provide authorization to the City that the temporary sign may be displayed on its property.

   (e)   The sign permitted in this section shall be maintained in good repair by the permit holder.

   (f)   Any person who violates any provision of this section shall be guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2010-O-06. Passed 5-25-10; Ord. 2016-O-22. Passed 9- 13-16.)

   (EDITOR'S NOTE: Section 1284.11 was repealed by Ordinance No. 2005-O-18, passed September 13, 2005.)

   Illumination or reflection used on, for or in any sign for which illumination is permitted by this chapter or which is used primarily for the purpose of advertising goods or services shall be so arranged or used as to be directed away from residential areas and highways. No signs shall be illuminated by flashing or moving lights and no signs shall be revolving, oscillating or otherwise moving. No sign visible from any public street shall be constructed or located so as to conflict with traffic control signals.

(Ord.79-0-14. Passed 7-24-79.)

   All signs located on land within the City shall comply with this chapter unless specifically exempt by another section in this chapter. No person shall locate or retain any sign, or cause a sign to be located, relocated, altered, modified, or retained unless all provisions of this chapter have been met. To ensure compliance with these regulations, a sign permit shall be secured from the Zoning Administrator or designee for each sign unless such sign is specifically exempted in this chapter. Any sign requiring a structural steel foundation and/or electricity must obtain foundation and/or electric permits from the County Building Department as well as a sign permit. An application fee will be required at the time of application. No permit shall be issued until a completed application and fees have been submitted. The owner of the property where the sign is located or the owner of the business on the property where the sign is located may apply for a sign permit. If the business owner applies for a sign permit, then the owner of the property where the sign is to be located shall provide written authorization that approves the application for a sign permit. The permit holder for the sign permit shall the person or entity who applied for the permit.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2016-O-22. Passed 9-13-16.)

   A permit for the erection of a sign shall become void if such sign is not erected and completed within 120 days after the date of issuance of the sign permit.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   Generally. A nonconforming sign shall be construed as a sign that does not conform with one or more of the present or future requirements of the Zoning Code. Normal maintenance by way of painting, cleaning and minor repair is permitted for the life of the nonconforming period allowed.

   (b)   Removal. All nonconforming signs shall be removed completely forthwith unless a permit as hereinafter provided is secured, in which case such signs shall be completely removed upon expiration of the permit. No permit shall be granted for such signs that project into or over the public right of way.

   (c)   Permits.

      (1)   Permits issued after October 12, 1976, for signs that have become nonconforming due to changes in zoning laws or widening of streets or highways shall expire ten years after issuance. Signs being used as of October 12, 1976, that have a changing message such as time or temperature, or a commercial billboard with space rented out for advertising purposes, may continue the same use for the life of the nonconforming permit.

      (2)   No permit shall be issued except by written application and a diagram showing the size and the location on the property of the sign. The City shall keep a file of permits and application diagrams.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2016-O-22. Passed 9-13-16.)

   (a)   Sign permits, for signs which conform to these Codified Ordinances, shall be issued by the Zoning Inspector.

   (b)   Sign permits for nonconforming signs or for signs which require any deviation from these Codified Ordinances shall be issued by the Zoning Inspector only after approval by the Planning and Zoning Commission.

(Ord.82-0-20. Passed 12-14-82.)

   Fees for all new signs shall be fifty-five dollars ($55.00).

(Ord. 79-O-14. Passed 7-24-79; Ord. 2016-O-31. Passed 12-13-16.)

   In addition to the sign permits required by this chapter, electrical permits shall be required for all illuminated signs in accordance with electrical permit requirements of Part Fourteen - the Building and Housing Code.

(Ord.79-0-14. Passed 7-24-79.)

   (a)   The City is hereby authorized to order the removal of any sign erected or mounted subsequent to October 12, 1976, which does not comply with the provisions and requirements of this chapter. Such orders may be given by the Police Department and/or the Zoning Inspector or his designee.

   (b)   The City is hereby authorized to order the repair of any sign that it deems necessary, and if such repairs are not effected within a thirty day period of notice to the owner, an order may be issued for the removal of same by the Police Department and/or the Zoning Inspector or his/her designee.

   (c)   Any notice of violation shall be deemed a continuing notice after service for so long as the subject violation exists, whether continuously or intermittently and so long as the violator owns or operates or has control of the premises, but no penalty shall attach until forty- eight hours after service of notice.

(Ord. 79-O-14. Passed 7-24-79; Ord. 2016-O-22. Passed 9-13-16.)

   Where the provisions of this chapter are more restrictive than any other provisions of these Codified Ordinances, the provisions of this chapter shall apply.

(Ord.79-0-14. Passed 7-24-79.)

         A.   Reduce the sidewalk clearance below a width of thirty-six inches;

         B.   Impede any line of sight for motorists at vehicular public right-of-way intersections, as determined by the City Engineer; or

         C.   Interfere with persons entering or exiting parked cars.

         D.   Sandwich board signs may not be displayed from vehicles parked in front of or adjacent to the businesses, whether on public or private property. For purposes of this subsection, “sandwich board signs” specifically includes banners affixed to a vehicle.

(Ord. 2009-O-14. Passed 9-8-09; Ord. 2016-O-22. Passed 9-13-16.)

      (1)   The Zoning Administrator or designee shall reinspect each sign as needed following erection of such sign to determine its continued compliance with the approved permit and plans as they were issued and to insure proper operating conditions and maintenance in accordance with this chapter. The permit holder and the owner of the property where the sign is located owner shall be responsible for maintaining the appearance, safety and structural integrity of the sign at all times.

      (2)   Whenever the inspecting official finds a sign in need of repair, support, replacement, cleaning, repainting, or any maintenance service necessary to maintain reasonable and proper appearance and public safety, he or she shall issue an order to the permit holder allowing thirty days to effect needed repairs or maintenance. If the inspecting official determines that the existing condition of the sign creates an immediate hazard to the health or safety of the general public, he or she shall issue an order to the permit holder requiring the sign to be removed immediately. If the permit holder does not comply with the order to repair or remove the sign, then the inspecting official may then issue an order requiring the owner of the property where the sign is located to repair or remove the sign.

      (3)   Failure of a permit holder and/or the owner of the property where the sign is located to comply with the provisions listed above shall be cause for the inspecting official to order the permit issued for the sign void and issue an order for the sign to be removed. The cost of removal will be assessed to the property owner. If the property owner refuses to pay for removal of the sign, the cost of such removal shall be assessed to the property owner's tax records.

(Ord. 2016-O-22. Passed 9-13-16.)