A.   The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of sign regulations that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and their environment, and avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of signs that:

      1.   Promote the health, safety and general welfare of visitors and citizens of the city and preserve and enhance property values.

      2.   Encourage a positive business atmosphere.

      3.   Promote and accomplish the goals, policies and objectives of the city of Mesquite's master plan.

      4.   Promote aesthetically pleasing and compatible signage which implements the unified development ordinance of the city.

      5.   Provide for consistent and fair application and enforcement of the regulations pertaining to signs.

   B.   The regulations of this chapter shall apply on all public and private lands.

   C.   It is not the intent of this chapter to interfere or conflict with legally existing private restrictions, covenants, agreements or easements unless they are less restrictive than required by this chapter. (Ord. 412, 10-28-2008, eff. 11-27-2008)

In addition to the signage rights and rules defined by zone, signs displaying noncommercial messages, such as (by way of example, and not limitation) opinions on matters of religion, politics, and social policy, may be displayed at any time and in any zone, subject to:

   A.   Commercial And Industrial Zones: In commercial and industrial zones, any sign that can be displayed under the provisions of this chapter may contain a noncommercial message.

   B.   Agriculture And Residential Zones: In agriculture and residential zones, per residential unit, at all times:

      1.   Maximum area: Six (6) square feet per sign.

      2.   Maximum number of signs: Two (2).

      3.   Maximum height (if freestanding): Four feet (4').

      4.   Illumination: Not allowed.

      5.   For multi-family residential units, signs placed in landscaped, common, unimproved, parking or community areas are subject to permission of the owner and may not exceed two (2) per parcel.

   C.   Building And Safety Codes Applied: If the sign structure is permanent in physical nature, then all applicable building and safety codes shall be met.

   D.   Temporary Increase In Noncommercial Message Signs: During the period beginning sixty (60) days before any primary, special or general election, and ending fifteen (15) days thereafter, the amount of sign area used for noncommercial speech messages may be increased as follows:

      1.   In commercial and industrial zones: An additional thirty two (32) square feet of sign area;

      2.   In residential zones: An additional ten (10) square feet of sign area.

      3.   The additional signs or sign area used pursuant to this subsection must be removed within the fifteen (15) day period following the election.

   E.   Carrying Of Noncommercial Message Signs: Noncommercial message signs may be carried by a person at any time and in any zone. (Ord. 412, 10-28-2008, eff. 11-27-2008)

As used in this chapter, the following words and phrases have the following meanings, unless the context clearly indicates a contrary meaning is intended. Please refer to section 9-10-6 of this chapter for prohibited (NP) signs in all zoning districts:

A-FRAME SIGN (NP): A freestanding, temporary and/or movable device usually constructed of two (2) separate wood or metal sign faces attached at or near the top.

ABANDONED SIGN: A sign on a property which has been vacated or which remains unused for a period of time in excess of ninety (90) days. This also includes signs advertising a former business or venture which still remain on the premises of a subsequent operating business.

ADVERTISING OR BUSINESS SIGN: Any writing, printing, painting, display, emblem, drawing, sign or other device designed, used or intended to be used to advertise products, goods, services or promote the sale of objects, or attract attention to a place, or lettering for the purpose of making anything known. (See definition of Sign.) This also includes, but is not limited to, signs on automobiles, trailers, conveyances or vehicles.

ALTERATION: Changing or rearranging any structural part, sign face, enclosure, lighting, component, control, or location of a sign.

ANIMATION OR ANIMATED: (See definition of Reader Sign.) The movement or the optical illusion of movement of any part of the sign, sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a sign. Time and temperature displays are not "animated signs" for the purposes of this section.

AREA: The portion of a sign used for display purposes and excludes the minimum frame and supports. Only one side of a double faced sign (covering the same subject) shall be used for computing the sign area when the signs are parallel (no greater than 2 feet apart) or diverge from a common edge by an angle not greater than thirty degrees (30°). For signs that do not have defined display areas, sign area shall be the area of the smallest rectangle, polygon or square that will frame the display.

AWNING SIGN: A sign constructed of a framework that is mounted to a building or canopy. The framework may be covered with a light fabric which may be translucent. The awning cover may contain advertising or identifying copy, graphics or design and may be backlighted. Awnings used strictly as protective structures for windows and doors and having no sign copy or design are not signs and may display the building address only.

BACKLIGHTING: Illumination positioned inside or behind a sign face such as behind raised letters and awnings or inside sign cabinets, the lighting source of which is not itself visible to the observer. This may also be called "internally lighted".

BANNER: A temporary sign intended to be hung on a frame, secured at the top and the bottom on all corners, applied to plastic, fabric or similar lightweight material of any kind, excluding official flags and emblems. Banners may also be similarly secured or mounted to allow motion caused by the atmosphere.

BILLBOARD (NP): A sign that is designed for changeable messages which advertise or direct attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises upon which the sign is located or to impart a public service message. The billboard sign is usually larger than eight feet by four feet (8' x 4') in dimension and may be owned by a commercial company that leases or rents the billboard space for advertising purposes.

BLINKING: A visual effect involving a sign, where images or lights shine intermittently or alternately dim and brighten (see definition of Animation Or Animated).

BUILDING FACADE: Any exterior wall of a building including windows, doors, and mansard, but not including a pitched roof.

CANOPY: A structure constructed of fabric or other material placed so as to extend outward from the building, providing a protective shield for doors, windows and other openings, with supports extending to the ground as well as attached to the building.

CANOPY, DRIVE-THROUGH: "Drive-through canopy" means a freestanding roof structure over drive-through facilities such as a gasoline pump island.

CANOPY SIGN: A sign that is painted or otherwise made part of the canopy material. Signage is limited to the vertical portions of the canopy; the sides and the front valance. No signage shall protrude beyond the vertical face.

CANOPY SIGN, DRIVE-THROUGH: "Drive-through canopy sign" means a flat sign that is painted or attached to a drive-through canopy which does not extend above or below the canopy facade.

CHASING: A visual effect involving a sign, where images or lights follow themselves or move around the sign (see definition of Animation Or Animated).

CITY COUNCIL: The city council as provided by the Nevada Revised Statutes, the charter, and this code. At the time of this chapter, the city has not formed a planning commission. If it does so in the future, then references in this chapter to "city council" will be deemed to include the planning commission, to the extent the city council so provides.

CLEAR VISION ZONE: Clear vision zones and corner sight zone areas at intersecting streets and driveways in which unobstructed vision of motor vehicle operators is maintained. The clear vision zone, also known as the corner sight zone, is defined in section 9-9-7 of this title.

CLEARANCE: The height of the lower edge of the face of a freestanding sign from the finished grade.

COMMON TENANCY SIGN: A pole, monument or flat sign used to identify a commercial development and individually lists or identifies two (2) or more businesses located within the development.

COMMUNITY DIRECTIONAL SIGN: A sign with changeable panels directing residents or visitors to points of interest, including residential developments.

COMMUNITY EVENT SIGN: A sign which carries a message regarding a community event or activity which is of general interest to the community. Community event signs (CES) are erected and maintained by the city of Mesquite or other governmental entity. LED signs (reader signs) shall conform to the standards set forth in subsection 9-10-5GG of this chapter, as well as the sign standards for the particular zone in which it is located.

CONFORMING SIGN: A sign that meets all provisions of this chapter.

CONSTRUCTION: The materials, architecture, assembly, and installation of a sign.

CONSTRUCTION SIGN: A temporary sign identifying the contractor, architect, designer or other affiliated organization responsible for the construction of a new project.

DENSITY: The concentration of signs in a given area, frontage, district, or lot. "Density", as used in this chapter, will usually be defined in terms of numbers of signs per lot or frontage.

DESIGN: The form, features, colors, and overall appearance of a sign structure.

DEVELOPMENT ENTRY SIGN: A permanent sign used to identify the main entrance of a PUD or a subdivision or development containing multiple lots and/or multiple (principal) buildings.

DIRECTIONAL SIGN: A sign that usually designates the entrance or exit to a premises or provides other directional information.

DRIVEWAY SIGHT ZONE: Sight zone areas at driveways in which unobstructed vision of motor vehicle operation is maintained. The driveway sight zone is defined in section 9-8-2 of this title.

EXISTING DEVELOPMENTS: A development or developments which have been approved, constructed and occupied.

EXTERNAL ILLUMINATION: Lighting which is mounted so as to illuminate a sign from a position outside of the sign structure. This may also be called "externally lighted".

FLASHING (NP): A visual effect involving a sign, where images or lights either blink on and off randomly or in sequence, or have intermittent variation in intensity or color.

FLAT SIGN: A sign either painted on or erected parallel to or attached to the outside wall of a building and extending not more than twenty four inches (24") from such wall or building facade. Flat signs shall be constructed of low maintenance materials using flush mounted cabinets, individual pan channel letters, or raised or flush mounted metal cutout letters.

FREESTANDING SIGN: A sign that is self-supported by poles, pylons, or other structural supports mounted in or upon the ground surface and not attached to any building. Examples of freestanding signs are a monument sign and a pole sign.

FRONTAGE: A linear distance used in determining the allowable size and location of signs.

   A.   Building frontage: The linear distance which equals the horizontal length of any side of a building which faces and is parallel to the street frontage.

   B.   Street frontage: The linear distance along a single street (not internal driveways) measured between property lines of any parcel which abuts that street.

   C.   Store frontage: That length of the total building frontage which is occupied by the front of any individual business.

HEIGHT: The vertical measurement from the top back of curb (at the nearest point of the sign) to the highest point of the sign structure.

ILLUMINATED OR LIGHTED SIGN: A sign equipped with artificial lighting devices for the purpose of improving the sign's visibility.

INFLATED SIGN: Any advertising device which is supported by heated or forced air or lighter than air gases and is attached to the ground or a structure.

LASER: A device that emits light in an intense narrow beam.

LETTER SIGN: A type of flat sign consisting of letters placed directly on the building face.

LOCATION: The position on a property where a sign is or will be placed. The sign location must comply with requirements of this title and with an approved site plan.

LOGO SIGN PROGRAM: A program by the Nevada department of transportation (NDOT) placed along Interstate 15.

LOW MAINTENANCE: Sign materials which do not require frequent replacement, painting, or refurbishing as a result of exposure to the elements.

LOW PROFILE SIGN: A sign which does not exceed four feet (4') in height. A "low profile sign" may be mounted on a landscaped berm no higher than two feet (2').

MARQUEE: A permanent structure other than a roof attached to, supported by, and projecting from a building and providing protection from the elements.

MONUMENT SIGN: A freestanding identification, advertising or business sign which is supported by a pole(s) or base having a combined width(s) greater than two feet (2') which is mounted permanently in the ground.

MOVABLE SIGN (NP): Any sign prominently displayed to identify, advertise, direct, or promote, any person, product, company, or entity of service, which is movable in nature such as A-frames, pedestals, signs on vehicles, banners attached to freestanding poles, or similar signs that are not permanently installed in the ground.

MURAL: A sign or other graphic consisting of an image painted directly to a wall.

NAMEPLATE SIGN: An on premises sign which indicates the identity of the owner or occupant of a parcel, structure or use.

NEW DEVELOPMENT SIGN: A temporary real estate sign used to identify a new development being constructed.

NONCONFORMING SIGN: A sign or sign structure which lawfully existed at the time a zoning or land use ordinance became effective but which does not presently conform to all the requirements of the applicable zoning ordinance.

OFF PREMISES SIGN (NP): A sign indicating the availability of goods or services at a location other than the location of the sign.

ON PREMISES SIGN: A sign located on the property that it serves.

PEDESTAL SIGN (NP): A movable sign supported by a column or columns and a base.

PLANNING DEPARTMENT: The city of Mesquite planning and redevelopment department.

POLE SIGN: A freestanding sign which is supported by a pole(s) or base having a combined width(s) of two feet (2') or less and a minimum clearance of six feet (6') which is mounted permanently in the ground.

PORTABLE READER SIGN: A reader sign that is mounted on a portable framework and intended for temporary use.

POSTER SIGN: A flat building sign on which temporary paper signs are mounted.

PREMISES: A lot or parcel with its appurtenances and buildings that function as a unit.

PROJECTING SIGN: A sign attached to and projecting from the wall of a building and not in the same plane as the wall.

PROMOTIONAL SIGNAGE: Temporary devices such as banners, streamers, commercial flags, balloons, pennants, trailer signs and inflated signs.

PROPERTY SIGN: Property signs regulating the private use of property including "No Hunting", "No Dumping" or "No Trespassing" signs.

PYLON COVER: An enclosure for concealing and/or for decorating poles or other structural supports of a pylon sign.

PYLON SIGN: A freestanding sign with the support structure enclosed with a pole cover.

READER SIGN: Any sign that displays still images, scrolling images or moving images, utilizing a series or grid of lights that may be changed through electronic means, including cathode ray, light emitting diode (LED) display, plasma screen, liquid crystal display (LCD), fiber optic or other electronic media or technology. Any reader sign which changes the display more frequently than once every eight (8) seconds or which includes illuminated moving pictures or television type signs shall be considered an animated sign.

REAL ESTATE SIGN: A temporary sign related to the property upon which it is located and offering such property for sale or for lease.

ROOF SIGN: A sign which is supported wholly or in part by and which projects over a roof.

ROTATING: A visual effect involving a sign, where images or lights move about a common axis or center (see definition of Animation Or Animated).

SCULPTURED SIGN: A freeform or three-dimensional sign that has a depth greater than two feet (2').

SEARCHLIGHT: An apparatus on a swivel or stationary which projects a beam of light in the night sky with the intent of attracting attention to the location of the searchlight or light display.

SEPARATION: The horizontal distance between signs measured parallel with the street or curb.

SETBACK: The furthest horizontal distance between either the property line (front, side or rear), future right of way line, edge of pavement, back of curb, or back of sidewalk and the closest point of projection of the display, sign or structure.

SIGN: A lettered, numbered, symbolic, pictorial, or illuminated visual display designed to identify, announce, direct, or inform that is visible from a public right of way. "Sign" shall also include the sign structure, supports, lighting system attachments, and other features. "Sign" does not mean flags, badges, or ensigns of any government or governmental agency used for identification.

SIGN FACE: That part of the sign that is or can be used to identify, to advertise, to communicate information, or for visual representation which attracts the attention of the public for any purpose. The term "sign face" includes any background or surrounding material, panel, trim or ornamentation, color and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface or object upon or against which it is placed. The term "sign face" does not include any portion of the support structure for the sign; provided, that no message, symbol or any of the previously described elements of a sign face is placed on or designed as part of the support structure. See subsection 9-10-5Z of this chapter.

SIGN FACE AREA: The surface of the sign face.

SIGN PERMIT: An approval issued by the building department, or city council on appeal.

SNIPE SIGN (NP): A sign for which a permit has not been obtained which is attached to a public utility pole, service pole, supports for another sign or fences, trees, and other similar items.

STREET FRONTAGE: The linear distance along a single street (not internal driveways) measured between property lines of any parcel which abuts that street.

SUPERGRAPHIC: A sign, consisting of an image printed or painted on vinyl, mesh or other material with or without written text, supported and attached to a wall by an adhesive and/or by using stranded cable and eyebolts and/or other materials or methods.

TEMPORARY SIGN: Any identification, advertising, directional, or promotional device which is not permanently constructed or attached and which must be removed according to the provisions of this chapter. (Ord. 412, 10-28-2008, eff. 11-27-2008; amd. Ord. 432, 12-8-2009, eff. 12-31-2009; Ord. 435, 2-23-2010; Ord. 459, 8-14-2012; Ord. B24-001, 2-21-2024)

   A.   Permit Required: A sign permit shall be required prior to the construction, reconstruction, location, relocation, alteration, modification or use of any sign except signs as described in subsection J of this section. Sign permits must be submitted to the building department. The planning department will conduct a concurrent review of the permit request for compliance with this chapter. Should the sign permit request also require a building permit for structural, electrical or footing components, the construction related details necessary for a building permit application must also be submitted. If the sign is proposed within the central business district or the Mesquite technology and commerce center (MTCC), the sign must also be reviewed by the architectural review committee for compliance with the district design standards.

   B.   Proposed Developments: A sign plan including sign criteria shall be submitted for review by the planning department for proposed developments at the time of the site plan review. Sign permits will not be issued for proposed developments until the sign plan or criteria are approved. Sign requests made subsequent to sign plan approval shall be reviewed and approved by the planning department for compliance with the approved plan.

   C.   Existing Developments: Sign permit applications for new or replacement signage which alters an existing sign shall be reviewed by the planning department: 1) for compliance with this chapter; and 2) in compliance with the sign plan and criteria for the development as approved by the city council. Sign permit requests that comply with this chapter and the sign plan criteria must be approved. If no sign plan or sign criteria were approved for the development, the proposed signage must be approved by the planning department if such signage meets all provisions of this chapter. If a revised sign plan or sign criteria is proposed for development, the property owner shall submit and obtain planning department approval based on the provisions of this chapter for the amendment prior to the issuance of sign permits for new or replacement signs in the development. (Ord. 412, 10-28-2008, eff. 11-27-2008)

   D.   Temporary Signs: Permits for temporary signs shall be submitted to, reviewed and issued by the planning department for compliance with this section and this chapter. There is no fee for a temporary sign permit. (Ord. 432, 12-8-2009, eff. 12-31-2009)

   E.   Application Submittal: An application for a permanent sign shall be made by submitting the following information and other exhibits or details as the applicant may deem appropriate or as needed in order to properly evaluate the sign proposal:

      1.   A sign permit application on a form supplied by the city building department, including sign structure details if the sign includes structural, electrical or civil improvements requiring a building permit;

      2.   A site plan, drawn to scale, showing location of proposed signage, existing and future buildings, property lines, streets, sidewalks, landscaped areas, parking areas, driveways, setbacks, utility poles and lines, building and sign separations or other features of the property;

      3.   Elevation plans showing height, clearance, dimensions, copy, graphics, colors, materials, exposed or internal lighting, assembly, attachment, installation and other detail; and

      4.   Structural design criteria and calculations and other construction specifications that the building official may deem necessary for the issuance of the building permit.

   F.   Other Review Criteria: All of the following findings shall be considered and satisfied prior to the issuance of a sign permit, variance, conditional use permit or any administrative permit approval for any sign:

      1.   The proposed sign will comply with all provisions of this chapter and of the master plan goals and policies;

      2.   That the location and placement of the sign will not endanger motorists;

      3.   That the sign will not cover or blanket any prominent view of a structure or facade of historical or architectural significance;

      4.   That the sign will not obstruct views of users of adjacent buildings to side yards, front yards or to open space;

      5.   That the sign will not negatively impact the visual quality of a public open space such as a public recreation facility, square, plaza, or courtyard;

      6.   That the sign is compatible with building heights of the existing neighborhood and does not impose a foreign or inharmonious element to an existing skyline; and

      7.   That the sign's lighting will not cause hazardous or unsafe driving conditions for motorists.

   G.   CC&R Compliance: All signs proposed in areas where CC&Rs are in effect must comply with the CC&Rs or this code, whichever is more restrictive.

   H.   Procedure: A complete sign permit application must be approved, approved with conditions, or denied with a written decision issued stating the reasons for the denial within thirty (30) days of its filing. Should the sign application be denied, the applicant may: 1) make changes to reach compliance; 2) withdraw the application; or 3) appeal the decision.

   I.   Appeals: Denied applications may be appealed to the city council in accordance with subsection 9-4-9B of this title.

   J.   Signs That Do Not Require A Sign Permit: The following signs may be erected without a sign permit, subject to the regulations contained in this chapter, including the most current version of the adopted building code:

      1.   Open House Signs: Temporary real estate directional (open house) signs are allowed to direct potential buyers to the location of an individual home for sale or lease, other than first time sales of homes within new subdivisions; provided the signs:

         a.   Do not exceed four (4) square feet and include the words, "open house";

         b.   Have no riders, with the exception of the agent's name; no additions, tags, signs, streamers, balloons or other appurtenances may be added to the standard real estate open house sign. Directional arrows must be incorporated into the design of the face of the sign and may not be added appurtenant to the sign;

         c.   Are displayed for periods of no more than three (3) consecutive days, between the hours of eight o'clock (8:00) A.M. and nine o'clock (9:00) P.M., when the house is open to the public and a person is on the premises;

         d.   Must not exceed three (3) off site open house signs and no more than one per intersection. The standard real estate for sale sign posted at the site is not included as part of the aggregate total of signs allowable per open house. Off site open house signs must include the real estate broker or agent's name and telephone number, which may be on a business card taped to the sign, or if the property is for sale by owner, must include the owner's name and telephone number;

         e.   Must not be placed within a five foot (5') radius of a hydrant, fire call box or mailbox, or within the median strip or center divider of a roadway or on or within any other roadway island or traffic safety site area. Signs may be placed on private property with the permission of the property owner;

      2.   Property Signs: Property signs including "No Dumping" or "No Trespassing" signs, no larger than sixteen (16) square feet in area;

      3.   Nameplate Signs: A nameplate sign identifying the owner, occupant and address no larger than two (2) square feet attached to a building;

      4.   Directional Signs: Service or directional signs or signs not exceeding four (4) square feet in area which serve to designate the location or direction to any use or structure on the premises such as "Entrance", "Exit", "Parking", "Restrooms", "No Smoking", or "Delivery", and so forth;

      5.   Public Warning Signs: Public necessity or regulatory signs that warn or inform as required by law, if erected by or on behalf of public agencies; (Ord. 412, 10-28-2008, eff. 11-27-2008)

      6.   Window Signs: Window signs, including posters, messages, or displays painted or mounted on the first floor level windows may be used to advertise special promotions; provided, that no more than fifty percent (50%) of the total window area is covered. Window signs covering more than fifty percent (50%) of the first floor level windows are subject to the same sign area calculations and requirements as are flat signs; (Ord. 432, 12-8-2009, eff. 12-31-2009)

      7.   Temporary Home Production, Garage Sale Signs: Temporary home production or garage sale signs no larger than four (4) square feet in area. These signs cannot be displayed for more than two (2) days in a given week and no more than eight (8) days per year;

      8.   Noncommercial Signs: Flags, banners or pennants of governments, public agencies or institutions, religious or other noncommercial entities;

      9.   Holiday Decorations: Holiday decorations;

      10.   Temporary Civic Signs: Temporary civic signs that announce holiday or public interest events sponsored by nonprofit organizations;

      11.   Interior Signs: Interior signs or signs used within a building and not intentionally positioned so as to be visible from the outside;

      12.   Logo Signs: Logo signs located along Interstate 15 and approved by the Nevada department of transportation;

      13.   Sporting Arena Signs: Signs facing the interior of ball fields, rodeo arenas, or other sporting arenas located on public property. With the exception of scoreboards, each individual sign cannot be larger than four feet by eight feet (4' x 8');

      14.   Graphics Integrated Into Machines: Any sign or graphic integrated into or on a coin operated machine, vending machine, gasoline pump, newspaper rack, or telephone booth where the height or width of the equipment surface has not been altered exclusively for the purpose of increasing the size or area of the sign;

      15.   Real Estate Sales, Rental Or Lease Signs: A person selling, renting or leasing real property may display real estate signs on the subject property subject to the following limitations:

         a.   Improved or unimproved lots less than one-half (1/2) acre may have one realty sign no larger than twenty four inches by thirty inches (24" x 30").

         b.   Improved or unimproved lots or parcels of at least one- half (1/2) acre but no greater than five (5) acres may have one realty sign no larger than four feet by four feet (4' x 4') per lot or parcel. (Ord. 412, 10-28-2008, eff. 11-27-2008)

         c.   Improved or unimproved lots or parcels of greater than five (5) acres may have one four foot by eight foot (4' x 8') sign which may require a building permit from the city building department. (Ord. 432, 12-8-2009, eff. 12-31-2009)

         d.   In commercial and industrial zoning districts, banners may be used in lieu of other real estate signs, provided they do not exceed the size requirements set forth above and are secured by all four (4) corners of the banner to a building facade.

   K.   Expiration Of Permit: Sign permits shall expire six (6) months following the date of issuance of the sign permit unless the sign is fully constructed according to the plans submitted with the application for the sign permit. Sign permits so expiring shall be thereafter null and void and shall have no rights or privileges whatsoever. To construct a sign under a permit so expiring requires the reapplication for the approval of the new sign permit, as provided in this section. Sign permits issued by the building department will expire one year following the date of issuance. For sign permits requiring approval by the city council, the date of issuance shall, for purposes of this subsection, be the date of the hearing when approval was granted for the sign. (Ord. 412, 10-28-2008, eff. 11-27-2008)

   A.   Nonapplicable: Nothing in this chapter shall apply to displays of the following kinds:

      1.   Official notices of any court, public body or officer;

      2.   Notices posted by utility or other quasi-public agent in the performance of a public duty or by any person giving due legal notice;

      3.   Directional, warning or informational signs or structures either required by law or established by local authority, institutional or group notices of a public or semipublic nature;

      4.   Permanent lettering attached to a motor vehicle when indicating its primary purpose; or

      5.   Those signs or displays located within a building or on a parcel that will not be visible from any existing or proposed public road, street, highway or alley, nor any approved private road.

   B.   Applicable Regulations: All signs erected in the city after adoption of this chapter that are not legal, nonconforming signs shall comply with the current standards of the national electrical code, and adopted building code, all provisions of this chapter and any other applicable provisions of this title or other applicable regulations.

   C.   Ownership Shown On Signs: The name of the sign owner and sign erector of all signs shall be in plain and public view. Signs not carrying such an imprint will be presumed to be owned by the owner of the property on which the sign is located.

   D.   Clearance Between Sign And Ground: A minimum clearance of six feet (6') shall be provided between the ground and the bottom of any pole or projecting sign.

   E.   Signs Not To Constitute A Traffic Hazard: No sign shall be erected along any streets in such a manner as to obstruct free and clear vision; or at any location where by reason of its position, shape, color or words, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device or block visibility for driveway ingress or egress. (See also subsection 9-9-7D of this title.)

   F.   Repair Of Building Facades: A building facade damaged as the result of the removal, repair, replacement or installation of any signs shall be repaired by the property owner within thirty (30) calendar days from the date of the damage.

   G.   Maintenance Of Signs: Every sign shall be kept in good maintenance and repair. The ground space within a radius of ten feet (10') from the base of any freestanding sign shall be kept free and clear of all weeds, rubbish and flammable material.

   H.   Sign Removal: Signs identifying a discontinued use on the property shall be considered an abandoned sign and must be removed from the property by either the sign owner or the property owner within ninety (90) calendar days of the time the use was discontinued.

   I.   Moving To A New Location: No sign erected before the adoption of this chapter shall be moved or enlarged or replaced unless it is made to comply with provisions of this chapter.

   J.   Lights And Lighted Signs: No spotlight, floodlight or lighted sign shall be installed in any way which will permit the rays of such sign's light to penetrate beyond the property on which such light or lighted sign is located in such a manner as to constitute a nuisance.

   K.   Height And Elevation Of Building Signs: The height and elevation of building signs shall conform with the following provisions:

      1.   Awning Signs: Awning signs shall not be located above the first floor level of the building.

      2.   Flat Signs: No portion of any flat sign shall project beyond the end or top of the wall to which the flat sign is attached.

      3.   Marquee And Canopy Signs: Marquee and canopy signs shall not be located above the main entry level of the premises.

      4.   Nameplates: Nameplates shall not be located above the first floor level of the building.

      5.   Projecting Building Signs: A projecting building sign shall not exceed the top of the vertical building wall on which it is located.

      6.   Projecting Business Storefront Signs: A projecting business storefront sign shall be located at the main pedestrian entry level of the building.

      7.   Window Signs: Window signs shall not be located above the first floor.

   L.   Extension Of Building Signs: The following building signs shall be allowed to extend beyond the face of buildings or structures in conformance with the following provisions:

      1.   Flat Signs: A flat sign, with no copy visible from the sides, may extend a maximum of two feet (2') from the face of the building and may not encroach into setbacks or yard areas.

      2.   Projecting Building Signs: Projecting building signs may extend a maximum of six feet (6') from the face of the building but shall not extend over a public right of way.

      3.   Awning/Canopy And Marquee Signs: As authorized in other sections of this chapter.

   M.   Freestanding Signs: The following standards apply to all freestanding signs:

      1.   Monument Signs: Monument signs may be placed upon a berm the height of which does not exceed two feet (2').

      2.   Monument Number And Density Of Freestanding Signs Allowed: One or more signs per parcel, however no freestanding on premises sign in excess of twenty five feet (25') in height shall be constructed within a distance of two hundred fifty feet (250'), as measured in a straight line, from any other sign in excess of twenty five feet (25') in height on the same parcel, unless the applicant has first obtained a conditional use permit from the city council.

      3.   Setback: No freestanding display, sign or structure shall be located within ten feet (10') of the current or future right of way width. The side setback shall be the same as the building side yard setback except that, if the adjacent lot or parcel is in a residential zone, the sign shall be set back at least five feet (5') from the side property line. In no case shall a sign be located in such a way as to impact the thirty foot (30') sight zone at intersections and driveways.

      4.   Height:

         a.   The minimum height of a freestanding sign shall be measured from the horizontal surface of the ground to the lowest portion of horizontal projection of the sign, and shall not be less than fourteen feet (14') where located in an area subject to vehicular traffic.

         b.   The maximum overall height for any pole sign shall not exceed the building height for the district in which the sign is erected. Any sign that exceeds twenty five feet (25') in height, regardless of the building height for the district in which the sign is erected, must obtain approval of a conditional use permit. Proposed signs greater than the building height for the district in which the sign is erected must additionally obtain approval of a variance as provided for in section 9-10-11 of this chapter.

      5.   Landscaping: Every freestanding sign so located as to be subject to pedestrian or vehicular traffic shall have a Nevada division of transportation standard "A" type concrete curb or equivalent at a minimum distance of four feet (4') from any portion of the sign which would interfere or obstruct said traffic and the area within the curb shall be landscaped.

   N.   Awning Signs: The following standards apply to awning signs:

      1.   Area: The maximum allowable area of an awning shall not exceed twenty five percent (25%) of the building facade on which the sign is to be placed. Area to be used for copy or design shall not exceed fifty percent (50%) of the awning. Striping of not more than one color (including black and white) and the background shall not be considered design space. Awnings placed on canopies or marquees are not exempted from the twenty five percent (25%) limitation and may not exceed three feet (3') in vertical face height or cross section dimension and shall provide a minimum of eight feet (8') clearance from the grade. Additionally, for awnings placed on canopies or marquees no more than twenty five percent (25%) of the awning shall be used for copy or design.

      2.   Construction: Awnings shall be constructed of low maintenance materials and flush mounted against the wall or the canopy.

      3.   Illumination: External lighting may not be used with awning signs.

   O.   Common Tenancy Signs: Common tenancy signs are permitted in all commercial and industrial zoning districts and may be integrated as part of an allowed monument, pole or flat sign display area.

   P.   Marquee Signs: A sign attached to any marquee shall not project below the marquee and shall not have more than fifty percent (50%) of the sign projecting above the top of the marquee. The sign shall not under any conditions exceed the height of the wall to which the marquee is attached, and no external bracing to the wall or top of the marquee shall be allowed. Signs attached to marquees shall maintain the minimum ten foot (10') clearance required for the marquee. (Ord. 412, 10-28-2008, eff. 11-27-2008)

   Q.   Reader Signs: Reader signs (other than portable reader signs) shall be integrated into another approved freestanding sign and shall be included in the overall maximum area for such signs, but not to exceed seventy five percent (75%) of the total area of the sign, unless otherwise provided for in this chapter. Only internal illumination may be used with a reader sign. (Ord. 459, 8-14-2012)

   R.   New Development Signs: New development signs shall be permitted during construction through initial occupancy of ninety five percent (95%) of floor space for a nonresidential development and through ninety five percent (95%) initial unit occupancy for a residential development. Banners may be permitted for new development signs, provided they do not exceed the size requirements otherwise allowed, are kept in good repair, and all four (4) corners of the banner are secured to a building facade. New development signs shall be removed upon two (2) years of use, regardless of the level of occupancy but the permit may be renewed for additional periods of two (2) years through initial ninety five percent (95%) occupancy, as set forth above.

   S.   Historical Monuments And Markers: Monuments or markers designating historic sites may be constructed in all zones with approval by the city council. Historic monuments and markers shall be constructed of masonry or noncorrodible metal materials or other materials.

   T.   Murals And Supergraphics: Murals and supergraphics that are painted or appear to be painted on the walls of buildings may be permitted with the approval of a conditional use permit in zoning districts which also allow flat signs. Murals and supergraphics are subject to the same sign area calculations and requirements as are flat signs. Such signs shall use durable materials.

   U.   Sculptured Signs: Sculptured signs include scaled reproductions of products, an actual product, statuary or other devices intended to represent a product, location or service. Sculptured signs are permitted with the approval of a conditional use permit by the city council.

   V.   Vehicles As Promotional Devices: Notwithstanding any other provision of these regulations, a vehicle or vehicles may be used as on premises promotional devices, with associated signage, subject to the following conditions:

      1.   Such display shall be set back from any public right of way in accordance with the normal front setback for an on premises pole sign;

      2.   One such display shall be permitted within each five hundred feet (500') of frontage along any public right of way;

      3.   Any sign associated with such display shall not extend more than two feet (2') above or beyond the vehicle being displayed;

      4.   Identified as a permitted use within this chapter.

   W.   Parking Of Advertising Vehicles: No person shall park any inoperable or stationary vehicle or trailer on a public right of way, or public property, or on private property so as to be visible from a public right of way, which has attached thereto or located thereon, any sign or advertising device for the purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premises. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle. (Ord. 412, 10-28-2008, eff. 11-27-2008)

   X.   Temporary Signs: Temporary signs shall comply with the following standards:

      1.   Required Setback: All temporary signs over thirty inches (30") in height shall be set back five feet (5') from all property lines and located outside the sight distance zone, except where displayed as building signs on buildings set back less than five feet (5') or where the sign setback is otherwise specified in this title.

      2.   Display Period And Removal: Temporary signs shall be permitted in accordance with the standards set forth below for display period and removal, unless specified otherwise in this title:

 

      3.   Temporary Directional Subdivision Signs:

         a.   Number Of Signs Allowed: Temporary directional subdivision signs will be allowed upon issuance of a permit as provided herein to advertise a residential subdivision (containing at least 10 lots) during the construction of the subdivision and the number of signs must not exceed eight (8).

         b.   Area: The area of each sign shall not exceed three (3) square feet with dimensions of eighteen inches by twenty four inches (18" x 24").

         c.   Location: Temporary directional subdivision signs will be permitted inside and outside the boundary of the subdivision, except within twenty five feet (25') of another off premises subdivision directional sign.

         d.   Maximum Sign Height: Four feet (4').

         e.   Minimum Setback From Street Right Of Way: Five feet (5').

         f.   Display Period: The development services department may issue a permit for temporary directional subdivision signs for up to six (6) months. The permit application must include the number of signs including a location plan and evidence of permission from property owners where the signs are proposed to be placed. The development services department, upon making affirmative findings consistent with subsection 9-10-4F of this chapter shall issue the permit. At the end of the six (6) month display period, the applicant may request a renewal of the permit, provided the property owner permission is still valid, and the sign plan is still current.

      4.   Temporary Portable Reader Signs:

         a.   Temporary Portable Reader Signs: Temporary portable reader signs may be temporarily located with or without wheels, as provided in this section.

         b.   Display Period: One temporary portable reader sign may be displayed on a lot for no longer than fourteen (14) days per calendar quarter and for no longer than thirty (30) days during a grand opening. This provision applies to both single users and multiple users who share the same sign. A portable reader sign may not be used as a substitute for a permanent freestanding sign.

         c.   Size: Temporary portable reader signs shall not exceed thirty two (32) square feet in area.

         d.   Location: Temporary portable reader signs shall be located a minimum of eighteen inches (18") behind the front property line and five feet (5') from the side property line. In no case shall a sign be located in such a way as to impact the thirty foot (30') sight zone at intersections and driveways. Electrical cords may not be placed in the way of any pedestrian or vehicle traffic.

         e.   Illumination: Only internal illumination may be used with temporary portable reader signs.

         f.   Issuance: Temporary portable reader signs require a permit which is issued by the planning department. A permit seeking permission for a temporary portable reader sign must set forth the days when the temporary portable reader sign will be displayed.

      5.   Promotional Signage:

         a.   Temporarily Allowed: Promotional signage, including, but not limited to, banners, pennants, streamers, flags and searchlights, but not including prohibited movable signs, may be temporarily located as provided in this section.

         b.   Display Period: A temporary sign permit for promotional signage (i.e., banners, pennants, streamers, flags and searchlights) may be approved by the planning department for a period not to exceed thirty (30) consecutive days per calendar quarter or no longer than sixty (60) consecutive days during a grand opening. Alternatively, the applicant may elect to display promotional signage each week from Friday to twelve o'clock (12:00) noon on Monday morning on a continuous basis. If the business chooses this option, promotional signage will be removed each Monday morning and not displayed again until the next Friday morning. If Monday morning is a legal holiday in the city, the promotional signage may be displayed until twelve o'clock (12:00) noon Tuesday morning of that week.

         c.   Area: The total area of a banner may not exceed fifty (50) square feet. Attached pennants and streamers may not exceed forty (40) linear feet in length. Flags are limited to a total of thirty (30) square feet.

         d.   Density: Only two (2) banner signs per business are allowed. A maximum of two (2) types of other promotional signs, per business, may be used simultaneously.

         e.   Location: Banner signs may be placed on the principal building facade only. Other promotional signage shall not obstruct or be placed on any public right of way or attached to any structure or appurtenance in the public right of way. Other promotional signage shall not be located in a clear vision zone.

         f.   Searchlights: Searchlights shall be located a minimum of fifty feet (50') from the edge of any street pavement, shall be directed upward at an angle of at least forty five degrees (45°) and shall be operated only between dusk and eleven o'clock (11:00) P.M. Searchlights may be used in HT zone only.

         g.   Inflated Sign Displays: Inflated signs shall not exceed thirty five feet (35') in height and must be tethered to a maximum overall height of one hundred feet (100').

            (1)   Location: An inflated sign shall meet all minimum building setbacks of the zone in which it is used, or, if located adjacent to a more restrictive zone, shall meet that zone's setback requirements. Such inflated signs shall be adequately tethered to the ground and shall be located so as not to constitute a hazard.

            (2)   Safety: Inflated signs shall be adequately tethered and located so as not to extend into the airspace above the public right of way, regardless of wind condition. Flammable gases shall not be utilized for inflated signs. Any inflated sign constituting a hazard shall be immediately removed.

         h.   Light Pole Banners: Light pole banners are only permitted on private property in conjunction with this temporary promotional signage permit.

         i.   Issuance: The planning department may issue a permit for promotional signage per the terms set forth in this section. (Ord. 474, 4-22-2014, eff. 5-13-2014)

   Y.   Historic District Signs: The city council may authorize, as a conditional use permit, modification to an existing sign or the size or placement of a new sign in a historic district or on a landmark site if the applicant can demonstrate that the location, size and/or design of the proposed sign is compatible with the design period or theme of the historic structure or district and/or will cause less physical damage to the historically significant structure.

   Z.   Sign Area Determination: Sign face area square footage shall be determined as follows:

      1.   Flat signs (excluding letter signs and backlit awnings) and wall signs: The entire surface of the sign face shall be measured.

      2.   Backlit awnings and letter signs: A polygon, not to exceed eight (8) sides, shall be drawn around the copy area to enclose as nearly as possible the space covered by the copy.

      3.   All signs: Words, symbols, letters, images, logos and all other designs that are intended to convey a message shall be included in calculating the sign face area. Colors, stripes and other designs that are not intended to convey a message shall not be included.

   AA.   Federal Aviation Administration Limitations: No display, sign or structure as regulated by this section shall exceed public airport and vicinity limitations and the sectional district maps for any airfield, nor create distractions or adversely effect the visibility of aircraft in such a way as to pose a hazard due to height, size or lighting.

   BB.   Setback Measurements: All advertising display, sign and structure setback distances shall be the furthest distance determined from either the current or future right of way line, back of curb or back of sidewalk and measured horizontally to the closest point of projection of the display, sign or structure.

   CC.   Revolving Signs: A sign that revolves shall not exceed eight (8) revolutions per minute and shall be permitted only in nonresidential zones.

   DD.   Community Directional Signs Permitted: Community directional signs and kiosks that are uniform and attractive in appearance are encouraged throughout the city to guide residents and visitors to points of interest, including major resorts, public facilities, and private housing developments.

Ladder style directional signs to be shared by more than one development are not in violation of this code or the limitations of this section. Such directional signs must be part of a community directional sign program with locations approved by the planning and redevelopment director as to location, design and materials. If signs are located within a planned unit development (PUD), they must be approved by the city council at time of PUD approval. The permission of a private landowner is required if the community directional sign is to be placed on private property. Community directional signs may be placed on property of the city consistent with the provisions of this section and with the approval of a conditional use permit by the city council.

      1.   Type: Community directional signs and kiosks shall be either monument or ladder signs.

      2.   Height: Ladder style signs that are part of a public directional system or program shall not be more than one hundred twenty six inches (126") tall measured from the elevation of the adjacent curb or sidewalk to the highest point of the sign, and may be placed in the public right of way upon approval of a conditional use permit by the city council.

         a.   Areas With Adopted Design Guidelines: In areas of the city with adopted design guidelines, a community directional sign may not exceed the established sign height for that district. If a community directional sign is placed on or in a landscaped berm or natural slope, the maximum height may be increased by up to two feet (2').

         b.   Central Business District: Community directional signs located in the central business district must not be taller than seventy two inches (72").

      3.   Display: Front entrance signs shall display the development name and subdivision name only. Off premises community directional signs shall display the point of interest, such as the subdivision name, and a directional arrow only. Off premises community directional signs shall display a maximum of seven (7) subdivision location sign panels.

      4.   Materials: Community directional signs shall be of uniform color and design throughout the city, and shall be constructed of a metal material. There shall be no additions, tag signs, streamers, attention getting devices or other appurtenances added to the community directional signs as approved.

      5.   Location: All community directional sign panels shall be located on a city approved community directional sign structure.

         a.   No community directional sign shall be located within two hundred feet (200') of another community directional sign unless there are unique circumstances making such separation impractical. One sided community directional signs that are used to assist the public in high traffic areas are exempt from this separation requirement. Other exemptions may be granted by the city via an administrative variance, upon review by the department of planning and redevelopment in consultation with other city staff.

         b.   Community directional sign locations shall comply with minimum sight zones and distance requirements as outlined in subsections 9-8-2C6, "Driveway Sight Zones", and 9-9-7D, "Corner Lots Sight Zones", of this title.

         c.   All signage proposed in center islands or in the right of way must obtain a permit from the public works director, prior to the sign being displayed.

      6.   Lettering: Lettering on monument signs shall be metal or low maintenance plastic materials. Ladder sign lettering shall be of low maintenance paint or of metal material.

      7.   Illumination: No backlit signs will be allowed. No internal lighting may be used for signs in this section. Signs may be externally lit with concealed lighting only. Exposed bulbs or neon tubes are not allowed.

      8.   Issuance: All signage shall be presented to the city council for approval at the same time of a conditional use permit application for either the new community directional sign or when the planned unit development is presented for approval. Any sign proposal which varies from the above mentioned requirements requires a modification to the approved conditional use permit.

   EE.   Development Entry Signs:

      1.   Main Entry: One development entry sign may be constructed at the main entrance of the PUD or a subdivision or development containing multiple lots and/or multiple (principal) buildings. All development entry signs must be constructed as monument signs.

         a.   The development entry sign may be part of a wall, but neither the sign nor wall may exceed six feet (6') in height. The total sign area of the monument may not exceed forty (40) square feet, or if only the name of the development is represented, letters must not exceed twenty inches (20") in height. The monument entry sign may be placed upon a landscaped berm that does not exceed two feet (2') in height.

         b.   Other architectural features, fountains, sculptures or public art may be included with the entry sign monument; provided that the height of any feature does not exceed twenty five feet (25') above the adjacent curb or sidewalk.

         c.   All applicable corner sight zones must remain clear of obstruction (see subsection 9-9-7D of this title).

         d.   Development entry sign monuments are permitted on both sides of the main entrance to a PUD or subdivision. If a monument is desired on both sides of the entrance, the standards for a secondary entry monument, found in subsection EE2 of this section, shall apply, unless the PUD or subdivision is larger than six hundred forty (640) acres in size.

      2.   Secondary Entry: Additional monument signs may be placed at other, secondary entrances of the PUD or subdivision. These standards shall also apply for entry monuments to apartment or condominium complexes within a PUD.

         a.   The monument sign may be part of a wall, but neither the sign nor wall may exceed six feet (6') in height. The total sign area may not exceed twenty (20) square feet, or if only the name of the development is represented, letters must not exceed twelve inches (12") in height. The monument entry sign may be placed upon a berm that does not exceed two feet (2') in height.

         b.   Other architectural features, fountains, sculptures or public art may be included with the monument; provided that the height of any feature does not exceed fourteen feet (14') above the adjacent curb or sidewalk.

         c.   All applicable corner and driveway sight zones must remain clear of obstruction (see subsection 9-9-7D of this title).

   FF.   Flags:

      1.   The regulations in this section regarding flags apply to all zones in the city.

      2.   The maximum size of any one flag of the United States, state of Nevada, or other flag or insignia of a governmental entity shall be thirty (30) square feet if visible from a public right of way. The maximum size of any other flag shall be twelve (12) square feet if visible from a public right of way.

      3.   Flagpoles may not exceed the maximum height of the nearest building or thirty five feet (35') measured from the natural or final grade, whichever is less.

      4.   No more than three (3) freestanding flagpoles per property may be shown at any time if these flags are visible from a public right of way. Properties with right of way frontage greater than one hundred (100) yards may be allowed an additional three (3) flags per additional one hundred (100) yards of street frontage. No more than one flag may be attached to a pole.

      5.   No more than eight (8) building mounted flags per parcel may be shown at any time if visible from a public right of way.

      6.   Freestanding flagpoles shall not be placed in the setback area in the zone in which they are located.

      7.   All flags which contain the name or logo of an establishment or advertising copy shall be considered signs for purposes of this chapter. The flag of the United States, the state of Nevada, and other flags or insignia of governmental entities are not considered signs for purposes of calculating total sign area, but are subject to the restrictions of this section.

      8.   Flagpoles shall be black, brown, dark green, silver or bronze.

      9.   Flags shall be maintained and must be removed or replaced when torn, tattered or dirty.

      10.   Flags and flagpoles erected prior to the adoption of this chapter are considered legal, nonconforming uses, and are subject to the requirements of section 9-10-12 of this chapter, with these additional requirements:

         a.   When such flags and flagpoles are installed in a residential subdivision, PUD or multi-family residential project, they must be removed when the development or the phase thereof in which the flags are located is occupied. For purposes of this subsection, "occupied" means that ninety percent (90%) of the residences have been sold or are available for lease.

            (1)   Except for flags of the United States or the state of Nevada, or other official or noncommercial flags, flags and flagpoles situated on a parcel contiguous with an occupied dwelling must be removed, unless the flags and flagpoles are on a parcel held in common ownership, in which case they must be removed when they are within fifty feet (50') of an occupied dwelling.

            (2)   Notwithstanding the foregoing, flags erected within public right of way or within any area planned or offered for dedication are not considered legal nonconforming uses, and are subject to removal under the provisions of this chapter.

      11.   Any PUD, residential subdivision or commercial subdivision approved following adoption of this chapter will include standards, locations and regulations for flags in its sign plan and criteria. It may not prohibit display of the flag of the United States or the state of Nevada. The plan will include regulations for maintenance of flags, and removal of flags when residences are occupied, as provided herein. (Ord. 412, 10-28-2008, eff. 11-27-2008)

   GG.   Light Emitting Diode (LED) Signs:

      1.   Location: Except for Community Event Signs installed and operated by the City of Mesquite, the Clark County School District, or other governmental entity, electronic reader billboards must not be permitted if the proposed sign location is within two hundred feet (200') measured in any direction from a residential zoning district. Electronic readerboards permitted as a Community Event Sign within two hundred feet (200') measured in any direction from a residential zoning district, must be programmed so as to shut-down between the hours of 9 PM to 5 AM.

      2.   Conformance To Regulations: A standard sign must not be changed to an LED sign unless it conforms to all applicable regulations, including subsection Q, "Reader Signs", of this section.

      3.   Restrictions: Electronic reader boards are subject to the following restrictions on sign programming:

         a.   Messages advertising on premises business services and products may be displayed. Messages with noncommercial advertising for community activities and events may also be displayed. Off premises commercial messages are not permitted.

         b.   No chasing, blinking, rotating or flashing shall be employed in displaying a message or image, or during the change from one message or image to another.

         c.   Text messages that are longer than the display area and do not contain any nontext graphics must scroll in a consistent and predictable manner.

         d.   Light intensity (brightness) must be limited as follows:

            (1)   Lighting Levels: Lighting levels must not increase by more than 0.3 foot-candle (over ambient light levels) as measured using a foot-candle meter at a preset distance.

            (2)   Measurement Distance: The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one hundred (100).

Example using an eighty (80) square foot sign:

Measurement distance = (80 sq. ft.x100) = 89 feet

            (3)   Brightness Control: Each display must have a light sensing device or photocell that will adjust the brightness as ambient light conditions change.

            (4)   Enforcement: These standards must be enforced as follows:

   (A) At least thirty (30) minutes past sunset, use a foot-candle meter to record the ambient light reading for the area. This is done while the digital display is off or displaying all black copy.

   (B) The reading must be taken with the meter aimed directly at the digital sign at the appropriate preset distance.

   (C) Turn on the digital display to full white copy and take another reading.

   (D) If the difference between the readings is 0.3 foot-candle or less, the brightness is properly adjusted.

Note: These lighting standards will drop the nighttime brightness of the sign to approximately four (4) to fifteen percent (15%) of its capable output. The light output spread is due to the variation in the ambient lighting level of each location. The daytime brightness will operate near maximum output, which is required to overcome full sunlight.

(Ord. 459, 8-14-2012; amd. Ord. 563, 7-9-2019; Ord. B24-001, 2-21-2024)

   A.   Prohibited Types:

      1.   Movable or portable signs and signs not permanently installed in the ground or on a pole or building such as "A-frame", pedestal, or similar sign devices, except as otherwise allowed by this chapter;

      2.   Off premises signs, including billboards per ordinance 309, except as otherwise provided in this title;

      3.   Signs located on public property or attached to any structure or appurtenance on public property except public necessity signs or as otherwise provided in this chapter. These signs may be removed by the city or other public agencies owning the public property;

      4.   Bench signs located on private property within forty feet (40') of the public right of way or on public property;

      5.   Home occupation signs;

      6.   Signs which create a nuisance or hazard to the public safety;

      7.   Obsolete or abandoned signs or messages which identify services no longer provided on the premises;

      8.   Flashing or strobelike lighting effects;

      9.   Sound emitting devices;

      10.   Signs which project more than twenty four inches (24") from a wall;

      11.   Snipe signs;

      12.   New and relocated billboards and outdoor advertising, except under conditions described in section 9-10-12 of this chapter;

      13.   Signs for unlicensed businesses, or unlicensed or unauthorized activities required to obtain or hold licenses or other permits; any sign or signs promoting unlawful activity; or

      14.   Any other sign not complying with the provisions of this chapter, or any prior ordinance.

   B.   Prohibited Locations: No advertising display shall be placed in any of the following locations:

      1.   Within the right of way of any highway, road or other public easement, or within a future right of way, except as expressly authorized in this chapter;

      2.   Within any stream or drainage channel;

      3.   In any location that would prevent a traveler of a highway, street or driveway from obtaining a clear view of approaching traffic for a distance of not less than five hundred feet (500');

      4.   So as to interfere with, mislead, obstruct the view of or be confused with any directional, warning, danger, signal or informational sign or structure, either required by law or established by local authority; or

      5.   Above a canopy or marquee, or upon a roof, except that the following may be permitted:

         a.   A mansard roof may be treated as a wall for sign purposes when such roof is more nearly vertical than horizontal, subject to the provisions of these regulations; or

         b.   A sign upon a parapet if such a parapet is continuous along the entire top of the wall upon which it is constructed and is constructed and is of the same surface appearance as the wall.

   C.   Prohibited Displays: Displays or signs of the following nature are prohibited:

      1.   Imitations or simulations of any directional, warning, danger or informational signs;

      2.   Illumination of such brilliance and/or position as to blind or dazzle the vision of travelers;

      3.   Displays containing statements, words or suggestions or pictures of an obscene, indecent or immoral character;

      4.   Misleading, erroneous or false information and advertising;

      5.   Those that emit any sound as part of the advertising message; or

      6.   Portable or mobile signs which are placed upon, affixed to or hung from a portable, natural or contrived appliance, structure, trailer, flatbed, vehicle or thing, susceptible or capable of being used for advertising, except as provided in subsection 9-10-5X of this chapter. (Ord. 412, 10-28-2008, eff. 11-27-2008)

The following regulations shall apply to signs permitted in the residential districts. Except as otherwise provided by this title, any sign not expressly permitted by these district regulations is prohibited.

   A.   Sign Regulations For The RE-1, RE-2, RE-3, And SF Districts:

      1.   Purpose: Signage in the Single-Family Residential Districts shall be limited to signage appropriate for uses typically accessory to rural estate and single-family residential land uses that do not impact neighboring residences. The sign regulations of these districts are intended to limit the type, number, size and duration of signage permitted in order to prevent the creation of nuisances and impacts on use and enjoyment of surrounding residential properties.

      2.   Regulations: Regulations on table 9-10-7A of this section shall apply to all lots within the RE-1, RE-2, RE-3, and SF Districts.

      3.   Sign Standards: Sign type, size and height standards table for the RE-1, RE-2, RE-3, and SF Districts:

   TABLE 9-10-7A

 

Notes:

      1.   Except for development entry signs, illumination of signs in these zones is prohibited.

      2.   Garage sale signs allowed cannot be displayed for more than 2 days in a given week and no more than 8 days per year.

      3.   For parcels up to 1/2 acre in size, 24 inch x 30 inch sign. For parcels 1/2 acre to 5 acres in size, 16 square foot sign. For parcels greater than 5 acres, up to 32 square foot sign. See subsection 9-10-4J15 of this chapter for real estate sign requirements. 32 square foot sign requires a building permit.

      4.   See subsection 9-10-5EE of this chapter for specific requirements.

      5.    During the period beginning 60 days before any primary or general election, and ending 15 days thereafter, owners/occupants of residential property may exhibit as many political signs as desired, but may not exhibit more than 1 political sign for each candidate, political party or ballot question.

   B.   Sign Regulations For The MF-1, MF-2, MF-3, MF-4, And MH Districts:

      1.   Purpose: Signage in the Multi-Family Residential Districts shall be limited to signage appropriate for uses typically accessory to multi-family and manufactured housing land uses and do not impact neighboring residences. The sign regulations of these districts are intended to limit the type, number, size and duration of signage permitted in order to prevent the creation of nuisances and impacts on use and enjoyment of surrounding residential properties.

      2.   Regulations: Regulations on table 9-10-7B of this section shall apply to all lots within the MF-1, MF-2, MF-3, MF-4, and MH Districts.

      3.   Sign Standards: Sign type, size and height standards table for the MF-1, MF-2, MF-3, MF-4, and MH Districts:

   TABLE 9-10-7B

 

Notes:

1.    Except for development entry signs, illumination of signs in these zones is prohibited.

2.    Garage sale signs allowed cannot be displayed for more than 2 days in a given week and no more than 8 days per year.

3.    For parcels up to 1/2 acre in size, 18 inch x 30 inch sign. For parcels 1/2 acre to 5 acres in size, 16 square foot sign. For parcels greater than 5 acres, up to 32 square foot sign. See subsection 9-10-4J15 of this chapter for real estate sign requirements. 32 square foot sign requires a building permit.

4.    See subsection 9-10-5EE of this chapter for specific requirements.

      5.    During the period beginning 60 days before any primary or general election, and ending 15 days thereafter, owners/occupants of residential property may exhibit as many political signs as desired, but may not exhibit more than 1 political sign for each candidate, political party or ballot question.

(Ord. 511, 2-28-2017, eff. 3-22-2017)

The following regulations shall apply to signs permitted in the CR-1, CR-2, CR-3, CR-4, CR-H, HT, and the PB Districts. Except as otherwise provided in this title, any sign not expressly permitted by these regulations is prohibited.

   A.   Sign Regulations For The CR-1, CR-4, CR-H Districts:

      1.   Purpose: Signage in the CR-1, CR-4, CR-H Districts shall be limited to signage appropriate for neighborhood commercial, new automotive dealerships and hospital land uses.

      2.   Regulations: Regulations on table 9-10-8A of this section shall apply to all lots within the CR-1, CR-4, and CR-H Districts.

      3.   Sign Standards: Sign type, size and height standards table and applicable notes for the CR-1, CR-4, and CR-H Districts:

   TABLE 9-10-8A

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure. Monument sign may be placed on a maximum 2 foot high landscaped berm without penalty for height.

4.    The total combined area of both monument and pole signs cannot exceed 1/2 square foot per linear foot of street frontage.

5.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

6.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

7.    See subsection 9-10-5M of this chapter regarding pole sign heights.

   B.   Sign Regulations For The CR-2 District:

      1.   Purpose: Signage in the CR-2 District shall be limited to signage appropriate for general commercial land uses.

      2.   Regulations: Regulations on table 9-10-8B of this section shall apply to all lots within the CR-2 District.

      3.   Sign Standards: Sign type, size and height standards table for the CR-2 District:

   TABLE 9-10-8B

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure. Monument signs may be up to 32 square feet for buildings 10,000 square feet in gross floor area, and may be increased up to 60 square feet for buildings >10,000 square feet of gross floor area. Monument signs may be placed on a maximum 2 foot high landscaped berm without penalty for height.

4.    The total combined area of both monument and pole signs cannot exceed 1/2 square foot per linear foot of street frontage.

5.    Awnings and canopies must also comply with subsection 9-10-5N of this chapter.

6.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

7.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

8.    See subsection 9-10-5X of this chapter for specific requirements for temporary signs.

9.    See subsection 9-10-5M of this chapter regarding pole sign heights.

   C.   Sign Regulations For The CR-3 District:

      1.   Purpose: Signage in the CR-3 District shall be limited to signage appropriate for Commercial Central Business District land uses. The Downtown Redevelopment and Central Business District is a special district that is zoned CR-3. No pole signs or internally illuminated "box" or "cabinet" flat signs are allowed in this district. In this district, the only permitted freestanding signs are monument signs.

      2.   Regulations: Regulations on table 9-10-8C of this section shall apply to all lots within the CR-3 District.

      3.   Special Review Required: All signs in the Downtown Central Business District must be reviewed first by the Architectural Review Committee for compliance with the design standards for the Downtown Central Business District, and the provisions of this section, with final review by the Planning Department.

      4.   Sign Standards: Sign type, size and height standards table and applicable notes for the CR-3 District:

   TABLE 9-10-8C

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure. In order to receive approval to place a monument sign on a parcel, the monument sign on the parcel and adjacent parcels must be separated by a minimum distance of at least 250 feet as measured in a straight line, unless separated by a public street or a conditional use permit is issued. Monument signs may be up to 60 square feet of copy area for buildings 10,000 square feet in gross floor area, and may be increased up to 100 square feet of copy area for buildings >10,000 square feet of gross floor area. Monument signs may be placed on a 2 foot high maximum landscaped berm without penalty for height. Monument signs may be illuminated by neon lighting, external lighting fixtures, or by providing backlighting behind individually mounted letters and symbols, and by internally illuminating individual sign letters and symbols. Internally illuminated box or cabinet signs (signs where the sign background, letters, and symbols are illuminated) are also permitted on monument signs.

4.    Flat signs shall be designed in compliance with the design standards for the Downtown Central Business District. 1 plaque sign suspended from a covered walkway may be permitted in front of each business. Flat signs may be illuminated by neon lighting, external lighting fixtures, or by providing backlighting behind individually mounted letters and symbols, and by internally illuminating individual sign letters and symbols. Internally illuminated box or cabinet signs (signs where the sign background, letters, and symbols are illuminated) are prohibited on buildings.

5.    No pole signs are allowed in this district. Any existing, legal nonconforming pole signs must comply with section 9-10-12 of this chapter.

6.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

7.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

   D.   Sign Regulations For The HT District:

      1.   Purpose: Signage in the HT District shall be limited to signage appropriate for tourist hotel resort land uses.

      2.   Regulations: Regulations on table 9-10-8D of this section shall apply to all lots within the HT District.

      3.   Sign Standards: Sign type, size and height standards table for the HT District:

   TABLE 9-10-8D

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure. Monument signs may be up to 32 square feet for buildings 10,000 square feet in gross floor area, and may be increased up to 60 square feet for buildings >10,000 square feet of gross floor area. Monument signs may be placed on a 2 foot high maximum landscaped berm without penalty for height.

4.    The total combined area of both monument and pole signs cannot exceed 5 square feet per linear foot of street frontage.

5.    Awnings and canopies must also comply with subsection 9-10-5N of this chapter.

6.    It is understood that various businesses may operate on a resort property in addition to the gaming and hotel functions. All signage shall comply with requirements of this title, and shall not have more than 1 sign larger than 25 feet in height per resort property no matter how many businesses operate on the resort property. Other businesses in the HT District, including those that operate on a hotel resort property, are not eligible for a sign over 25 feet in height under any circumstances. Incidental business shall not have outside signage except restaurants, bars, retail sales, and health spas. Outside signage for restaurants, bars, retail sales and health spas must be integrated as part of a permitted sign that principally advertises the use of the hotel, resort hotel, inn or motel. Pole mounted reader signs may be animated in the HT Zoning District.

7.    Vehicles may be used as promotional devices consistent with subsection 9-10-5V of this chapter.

8.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

9.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

10.    See subsection 9-10-5X of this chapter for specific requirements for temporary signs.

11.    See subsection 9-10-5M of this chapter regarding pole sign heights.

   E.   Sign Regulations For The PB District:

      1.   Purpose: Signage in the PB District shall be limited to signage appropriate for office uses in an area which is predominantly residential but because of traffic and other factors is no longer suitable for the continuation of low density residential uses.

      2.   Regulations: Regulations on table 9-10-8E of this section shall apply to all lots within the PB District.

      3.   Sign Standards: Sign type, size and height standards table for the PB District:

   TABLE 9-10-8E

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure.

4.    The total combined area of both monument and pole signs cannot exceed 1/2 square foot per linear foot of street frontage.

5.    Awnings and canopies must also comply with subsection 9-10-5N of this chapter.

6.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

7.    See subsection 9-10-5X of this chapter for specific requirements for temporary signs.

8.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

9.    See subsection 9-10-5M of this chapter regarding pole sign heights.

(Ord. 511, 2-28-2017, eff. 3-22-2017)

The following regulations shall apply to signs permitted in the IR-1 and IR-2 Districts. Except as otherwise provided in this title, any sign not expressly permitted by these regulations is prohibited.

   A.   Sign Regulations For The IR-1 District:

      1.   Purpose: Signage in the IR-1 District shall be limited to signage appropriate for light manufacturing land uses.

      2.   Regulations: Regulations on table 9-10-9A of this section shall apply to all lots within the IR-1 District.

      3.   Sign Standards: Sign type, size and height standards table for the IR-1 District:

   TABLE 9-10-9A

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure. Monument signs may be up to 32 square feet for buildings 10,000 square feet in gross floor area, and may be increased up to 60 square feet for buildings >10,000 square feet of gross floor area. Monument signs may be placed on a 2 foot high maximum landscaped berm without penalty for height.

4.    The total combined area of both monument and pole signs cannot exceed 1/2 square foot per linear foot of street frontage.

5.    Awnings and canopies must also comply with subsection 9-10-5N of this chapter.

6.    Pole mounted reader signs may be animated in the IR-1 Zoning District.

7.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

8.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

9.    See subsection 9-10-5X of this chapter for specific requirements for temporary signs.

10.    See subsection 9-10-5M of this chapter regarding pole sign heights.

   B.   Sign Regulations For The IR-2 District:

      1.   Purpose: Signage in the IR-2 District shall be limited to signage appropriate for heavy manufacturing land uses.

      2.   Regulations: Regulations on table 9-10-9B of this section shall apply to all lots within the IR-2 District.

      3.   Sign Standards: Sign type, size and height standards table for the IR-2 District:

   TABLE 9-10-9B

 

Notes:

1.    For height limits on building signs, see subsection 9-10-5K of this chapter.

2.    If a building fronts on more than 1 street, then only 1 of the street frontages (widest) will be allowed in computing the area shown above. Square footage shall be measured on only 1 side of a 2 sided sign, and on 2 sides of a 3 sided or 4 sided sign.

3.    Monument signs must have a 5 foot setback, unless integrated into a wall structure. Monument signs may be placed on a 2 foot high maximum landscaped berm without penalty for height.

4.    The total combined area of both monument and pole signs cannot exceed 1/2 square foot per linear foot of street frontage.

5.    Pole mounted reader signs may be animated in the IR-2 Zoning District.

6.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 32 square feet of sign area. See section 9-10-2 of this chapter.

7.    See subsection 9-10-4J15 of this chapter for details on sign sizes.

8.    See subsection 9-10-5M of this chapter regarding pole sign heights.

(Ord. 511, 2-28-2017, eff. 3-22-2017)

The following regulations shall apply to signs permitted in the special districts, including the Agricultural and Open Space Districts, Planned Unit Development Districts, Public Facilities Districts, and other special districts. Except as otherwise provided by this title, any sign not expressly permitted by these district regulations is prohibited.

   A.   Sign Regulations For The Agriculture District:

      1.   Purpose: Signage in this district is intended to minimize conflicts between agricultural uses and adjacent development.

      2.   Regulations: Regulations on table 9-10-10A of this section shall apply to all lots within the A District.

      3.   Sign Standards: Sign type, size and height standards table for the A District:

   TABLE 9-10-10A

 

Notes:

1.    Illumination of signs in these zones is prohibited.

2.    Garage sale signs allowed cannot be displayed for more than 2 days in a given week and no more than 8 days per year.

3.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 10 square feet of signs area.

4.    For parcels up to 1/2 acre in size, 24 inch x 30 inch sign. For parcels 1/2 acre to 5 acres in size, 16 square foot sign. For parcels greater than 5 acres, up to 32 square foot sign. See subsection 9-10-4J15 of this chapter for real estate sign requirements. 32 square foot sign requires a building permit.

   B.   Sign Regulations For The PF, PROS, And LR Districts:

      1.   Purpose: Signage in this district is intended to minimize conflicts between public and open space uses and adjacent development.

      2.   Regulations: Regulations on table 9-10-10B of this section shall apply to all lots within the PF, PROS and LR districts.

      3.   Sign Standards: Sign type, size and height standards table for the PF, PROS and LR districts:

   TABLE 9-10-10B

 

 

Note:

   1.   With the exception of community event signs, illumination of all signs in these zones is prohibited.

   2.   Reader signs shall conform to the standards found in 9-10-5(Q) and 9-10-5(GG).

   C.   Sign Regulations For The RV And M-H Districts:

      1.   Purpose: Signage in this district is intended to minimize conflicts between RV park and mobile home park uses and adjacent development.

      2.   Regulations: Regulations on table 9-10-10C of this section shall apply to all lots within the RV and M-H districts.

      3.   Sign Standards: Sign type, size and height standards table for the RV and M-H districts:

   TABLE 9-10-10C

 

 

Notes:

1.    Illumination of all signs in these zones is prohibited.

2.    During the period beginning 60 days before any primary, special or general election, and ending 15 days thereafter, the amount of sign area used for noncommercial speech messages may be increased by an additional 10 square feet of signs area.

3.    For parcels up to 1/2 acre in size, 24 inch x 30 inch sign. For parcels 1/2 acre to 5 acres in size, 16 square foot sign. For parcels greater than 5 acres, up to 32 square foot sign. See subsection 9-10-4J15 of this chapter for real estate sign requirements. 32 square foot sign requires a building permit.

   D.   Sign Regulations For Planned Unit Developments:

      1.   Purpose: Planned unit developments (PUD) have common design elements that can be complemented and enhanced through the use of special signage. Planned unit development districts can allow for the creation of special sign regulations to meet the needs of these situations.

      2.   Applicability: These regulations apply to all planned unit developments.

      3.   Submission Of PUD Regulations: In order to give effect to the purpose set forth in subsection A of this section, special sign regulations may be proposed as part of a PUD application.

      4.   Community Directional Sign: All requests for a PUD are required to comply with this chapter's requirements for development entry signs and community directional sign program pursuant to subsections 9-10-5DD and 9-10-5EE of this chapter. Additionally, the following requirements specifically apply to PUD applications:

         a.   Height: Community directional ladder signs and kiosks within a planned unit development shall not be more than seventy two inches (72") tall, measured from the high point on the sign to ground level. Monument signs within a planned unit development shall not be taller than seventy two inches (72") in height, unless it is a main entrance sign for the planned unit development. Development entry signs must be approved as part of a planned unit development by the city council.

         b.   Monument Signs: Monument signs and development entry signs shall be constructed of either cement products, or of rock, marble, brick or metal material. Treated wood or clay tiles may be used as accent features.

         c.   Display: Development entry signs shall display the development name and subdivision name only.

      5.   Effect Of PUD Approval: If a PUD's special sign regulations are approved by the city council, then the sign standards and limitations established within that PUD shall govern to the extent that they depart from the otherwise applicable sign regulations.

      6.   Application Procedure: Persons seeking to establish a PUD with special sign regulations pursuant to this section shall submit the proposed regulations, including a sign plan and criteria, to the planning department. To the extent that the proposed PUD sign regulations depart from the existing sign ordinance regulations otherwise applicable to the project site, the supporting documentation must specifically list and identify any change or modification to the existing sign ordinance, and make all of the required findings per subsection 9-10-4F of this chapter for the proposed modifications to the sign regulations. This shall be considered an amendment to this title and zoning map and review and approval shall follow normal PUD procedures pursuant to this title. Following adoption of the planned unit development rezoning by the city council, the regulations of the district shall apply uniformly to all properties located within the boundaries of the district.

      7.   Changes To Approved PUD Sign Standards: A PUD which has been properly established may be amended or modified only upon submission and approval of an amendment application pursuant to this title.

(Ord. 412, 10-28-2008, eff. 11-27-2008; amd. Ord. 459, 8-14-2012; amd. Ord. 563, 7-9-2019)

   A.   Variance Authorized: The city council may grant variances from the regulations contained in this chapter:

      1.   To permit a setback for a sign that is up to twenty five percent (25%) less than the required setback, and

      2.   To permit the area or height of a sign to be increased by up to twenty five percent (25%) more than the maximum height or area allowed.

   B.   Approval Standards: The city council may grant a variance authorized by this section if it finds the variance requested is required by special or unique hardship because of:

      1.   Exceptional narrowness, shallowness, or shape of the premises on which a sign is located; or

      2.   Exceptional topographic conditions or physical features uniquely affecting the premises on which a sign is located.

A showing that the display of a sign would be more profitable or the sign would be more valuable is not a special or unique hardship as required by this section.

   C.   Additional Requirements: The city council shall grant a variance only if it also finds that the variance is consistent with the master plan and there are no other reasonable alternatives for displaying a sign permitted by this chapter if the variance is not granted. The city council shall not grant a variance solely because the display of a sign would be more profitable if the variance were granted. (Ord. 412, 10-28-2008, eff. 11-27-2008)

   A.   As used in this section, a "lawful nonconforming sign" is any sign which does not comply with the requirements of this chapter but which was in compliance with the requirements of the sign ordinance in effect immediately prior to the adoption of this chapter or was characterized as a lawful nonconforming sign under such previous ordinance. As used in this section, an "unlawful nonconforming sign" is any sign which does not comply with the requirements of this chapter and which was not in compliance with the requirements of the sign ordinance in effect immediately prior to the adoption of this chapter or was not characterized as a lawful nonconforming sign under such previous ordinance.

   B.   A lawful nonconforming sign may be maintained and repaired, even though such repair will not bring the sign into compliance with this chapter. If a lawful nonconforming sign is damaged or allowed to deteriorate in an amount in excess of fifty percent (50%) of its then replacement cost, the sign shall not be repaired except as to bring the sign in compliance with this chapter. Repair or restoration of a lawful nonconforming sign requires the obtaining of a sign permit and the payment of the requisite fee therefor; the permit shall not be denied nor shall special procedural requirements (including city council review) be invoked merely because of the nonconforming status of the sign. The foregoing provisions shall not be deemed to restrict the changing of copy on lawful nonconforming signs.

   C.   Signs not lawfully existing upon the date the ordinance adopting this chapter becomes effective are not thus rendered lawful by the adoption of the provisions of this chapter and the corresponding repeal of previous provisions, unless by the express provision of this chapter such previously nonconforming sign is permitted under this chapter.

   D.   The copy of a nonconforming sign may be altered or restored or the sign face of a nonconforming sign may be replaced after obtaining a sign permit. Any such changes shall not include reconstruction or relocation of any part of the sign or modification of the sign's architecture, unless the sign is brought into complete compliance with the provisions of this chapter. A conversion of the sign face to an electronic reader sign may be permitted with the approval of a conditional use permit, subject to the following standards:

      1.   Location: Reader sign conversions shall only be permitted on nonconforming billboards within two hundred fifty feet (250') of the I-15 travelway. Electronic reader boards must not be permitted if the proposed sign location is within five hundred feet (500') measured in any direction from a residential zoning district.

      2.   Size: Reader sign conversions shall only be permitted on billboards that do not exceed six hundred seventy two (672) square feet in size.

      3.   Automatic Dimming: Such signs shall come equipped with automatic dimming technology that automatically adjusts the sign's brightness in direct correlation with ambient light conditions.

      4.   Brightness: No electronic reader sign shall exceed a brightness level of 0.3 foot-candle above ambient light as measured using a foot-candle (lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one hundred (100).

Example using a six hundred seventy two (672) square foot sign:

Measurement distance = (672 sq. ft. x 100) = 259 feet

      5.   Findings: Finding by the city council that:

         a.   The conditional use application is not in violation of or in conflict with any NDOT or federal highway regulations.

         b.   The proposed conditional use will not be detrimental to the safety and welfare, and will not materially damage, or negatively impact other property in the vicinity.

         c.   The proposed conditional use is compatible with existing uses or uses permitted by right in the zoning district.

All signs in the downtown central business district or Mesquite technology and commerce center (MTCC) must be reviewed by the architectural review committee, prior to issuance of a sign permit.

   E.   A lawful nonconforming sign may be redesigned and remodeled without losing its lawful status so long as the original supports and superstructure of the sign are maintained and the square footage of the sign is not increased by the design change. Any redesign of an existing lawful nonconforming sign must be approved by the building department.

   F.   The reconstruction of a lawfully constructed nonconforming structure, including a billboard or off premises sign, is permitted if a governmental entity or public utility required the structure to be relocated from its previously approved location due to the construction of a public improvement and then only if the reconstruction occurs on the same parcel and the applicant applies for permits within ninety (90) days of receiving notice of completion of the improvements from the city. Any such relocated billboard sign or outdoor advertising structure must comply with the requirements listed in subsections G3 and G4 of this section.

   G.   Except under conditions defined in subsection F of this section, a billboard or outdoor advertising structure that is destroyed or damaged to more than fifty percent (50%) of its replacement cost by an act of God, war, natural catastrophe or criminal act such as terrorism, may be reconstructed or repaired on the same parcel if it meets the following standards:

      1.   The structure is in the form of a pylon sign rather than a pole sign, meaning that the supports for the sign are concealed within the architectural features.

      2.   The structure supports only one sign of no more than fifteen feet (15') high and twenty five feet (25') wide, rectangular in shape with no tags, extensions, moving or rotating parts, neon or other lights as part of the display, excessive or internal illumination, or flashing lights.

      3.   The bottom edge of the sign face is placed no more than ten feet (10') above the crown of the adjacent roadway or interstate highway, and the height of the sign is no more than forty feet (40') above grade (ground level at the base of the sign's structure to the top of the sign face). If the bottom edge of the sign face must be placed less than fourteen feet (14') above grade to meet these standards, additional landscaping or public safety features may be required by the city council.

      4.   If the sign has two (2) faces, they must be parallel to each other, and the sign face(s) must be perpendicular to the flow of traffic on the adjacent roadway or interstate highway.

      5.   The location of the sign is at least five hundred feet (500') from any existing residence or residential housing district, except for an on site manager's residence in a nonresidential development.

      6.   The sign structure, including supports and sign faces or copy areas, must remain at least ten feet (10') from any other structure, building or property boundary. (Ord. 460, 8-14-2012)

It is a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) and/or imprisonment for a period not to exceed six (6) months, for any person, user, installer or owner to:

   A.   Install, erect or change a sign for which a permit is required without first obtaining a sign permit or for any violation of any other provisions of this chapter or for any person, user, installer or owner to install or use a prohibited sign;

   B.   Install or use a prohibited sign; or

   C.   Violate any provision of this chapter or to fail to conform to approved plans. (Ord. 412, 10-28-2008, eff. 11-27-2008)