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

Advertise means to inform, to notify, to announce, or to attract public attention by emphasizing desirable qualities in order to arouse a desire to purchase or invest.

Animated sign means any sign of which all or any part thereof visibly moves in any fashion whatsoever; and sign which contains or uses for illumination any light, lights, or lighting device or devices which change color, flash or alternate, show movement or motion, or change the appearance of said sign or any part thereof automatically. The term "animated sign" shall not include revolving signs.

Arterial street is defined as defined by the comprehensive plan.

Banner means any hanging sign possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind. This classification shall not include plastic or fabric signs which are permanently attached within a rigid frame and which are intended to be used as a permanent sign. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the purpose of this article.

Bench sign means a sign located on any part of the surface of a bench or seat placed adjacent to a public right of way.

Canopy. See Marquee.

Changeable copy sign means any poster board, bulletin board, neon sign, screen, surface or wall, with characters, letters or illustrations affixed thereto or thereon, by any method or means whatsoever that can be changed, rearranged, or altered without changing the face of the poster board, bulletin board, neon sign, screen, surface or wall.

Construction sign means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Copy means the wording on a sign surface in either permanent or removable letter form.

Development sign means a sign which, by symbol or name, identifies a development. It may also provide an index of uses (tenants) included in the development.

Directional sign means a sign permanently or temporarily erected by or with approval of any authorized government agency to denote the route to any city, town, village, historic place, shrine, or hospital; signs directing and regulating traffic; notices of any railroad, bridge, or other transportation activity necessary for the direction or safety of the public; signs, notices, or symbols for the information of aviators as to location, directions, and landings, and conditions affecting safety in aviation; signs, notices, or symbols as to the time and place of civic meetings; and/or notices erected or maintained upon public property giving the name of the owner, lessee, or occupant of the premises or the street number thereof.

Double-faced sign means a sign having two display surfaces, not necessarily displaying the same copy, which are usually parallel and back to back and not more than 24 inches apart. When the display surfaces of a double-faced sign are not parallel the interior angle created by said surfaces shall not exceed 60 degrees and the two surfaces shall not be more than 24 inches apart at the apex of said angle.

Erect means to build, construct, attach, hang, place, suspend, or affix and shall include the painting of wall signs.

Establishment means a commercial, industrial, institutional, educational, office, business, or financial entity.

Flashing sign means a sign designed to attract attention through the use of a flashing, changing, revolving or flickering light source, or a change of light intensity.

Frontage means the length of the property line of any one premises along a street on which it borders.

Frontage, building, means the length of an outside building wall on a street.

Ground sign means any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

Identification sign means a sign which depicts the name and/or address of a building or establishment on the premises where the sign is located as a means of identifying said building or establishment.

Illuminated sign means a sign which contains a source of light or which is designed or arranged to reflect light from an artificial source including indirect lighting, neon, incandescent lights, back lighted, and reflectorized signs which depend upon automobile headlights for an image.

Indirectly illuminated sign means a sign illuminated with a light directed primarily toward such sign, including back lighted signs, and so shielded that no direct rays from the light are visible.

Internally illuminated sign means a light source which is enclosed within the sign and viewed through a translucent panel. This type of illumination is often referred to as direct.

Mansard sign means any sign attached to or erected against a mansard of a building, with the face horizontally parallel to the building wall. Since said sign is to be mounted parallel to and within the limitations of the building wall on which same is to be mounted, the same is deemed to be a wall sign and not a roof sign.

Marquee means a canopy or covered structure projecting from and supported by a building when such canopy or covered structure extends beyond the building line or property line.

Nonconforming sign means any sign, legal at the time of its erection, which does not conform to the requirements of this chapter.

Off-site sign means a sign relating in its subject matter to premises other than the premises on which it is located or to products, accommodations, services or activities available on premises other than the premises on which the sign is located, including but not limited to billboards.

On-site sign means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services or activities on the premises.

Painted wall sign means any sign which is applied with paint or similar substance on the face of a wall.

Permanent sign means a sign permanently affixed to a building or to the ground.

Political sign means a sign identifying and urging voter support for or opposition to a particular issue, political party, or candidate for public office.

Portable sign means any sign, whether on its own trailer, wheels, or otherwise, which is designed to be transported from one place to another. It is characteristic of a portable sign that the space provided for advertising messages may be changed at will by the replacement of lettering or symbols.

Premises means an area of land with its appurtenances and building which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Projecting sign means any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

Promotional sign means:

(1)

A sign designed and intended to promote the sale of unplatted land where more than one lot and/or principal building is involved.

(2)

A sign designed and intended to advertise the grand opening of a business, special promotions or similar events.

Public service sign means a sign designed to render a public service such as but not limited to "time and temperature" signs and "flashing news" signs.

Real estate sign means a sign which advertises the sale, rental or development of the premises upon which it is located.

Residential district means all land zoned R-1, R-1A, and R-2, as well as that zoned A when used solely for residential purposes.

Revolving sign means any sign so erected or constructed as to periodically change the direction toward which any plane containing the sign surface area is oriented.

Roof sign means any sign erected, constructed, and maintained wholly upon or over the roof of any building with the principal support on the roof structure.

Sandwich sign means any sign, double or single faced, which is portable and may readily be moved from place to place.

Shopping center means a group of two or more retail and service establishments of more than 25,000 square feet gross floor area on the ground floor and located on commonly owned property, sharing the same parking facilities and connected together by common walls, interior aisles, or malls.

Sign means any writing, pictorial presentation, illustration, or decoration, flag, banner or pennant or other device which:

(1)

Is used to announce, direct attention to identify, advertise or otherwise make anything known; and

(2)

Is designed to be visible from any street or adjoining property. The term "sign" shall not be deemed to include the terms building or landscaping, or any architectural embellishment of a building not designed to communicate information.

Sign face means the area of a sign on which the copy is placed.

Sign height means the vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or it's frame or supporting structure, whichever is higher.

Sign number. For the purpose of determining the number of signs, a sign shall be construed to be single display surface or device containing elements organized, related, and composed to form a single unit. In cases where material is displayed in a random or unconnected manner, or where there is reasonable doubt as to the intended relationship of such components, each component or element shall be considered to be a single sign. A projecting sign or ground sign with sign surface on both sides of such sign shall be constructed as a single sign, and the total area of such sign shall be the area computed on a single side.

Sign structure means any construction used or designed to support a sign.

Sign surface area. The surface area of a sign shall be computed for the entire area within the periphery of a regular geometric form, or combination of regular geometric forms, comprising all of the display area of the sign and including all of the elements of the matter displayed, but not including structural elements of the sign bearing no advertising matter. The surface area of a sign shall be measured from the outside edges of the sign or the sign frame, whichever is greater.

Snipe sign means any sign of any material whatsoever that is attached in any way to a utility pole, tree, fence post, or any other similar object located or situated on public or private property. Snipe signs shall not include "posted property" signs.

Street means a public or private right-of-way for vehicular traffic, including highways, thoroughfares, lanes, roads, ways, boulevards, and other terms, but not including alley ways between buildings and lots, parking lots, and driveways.

Subdivision sign means any sign designed to identify a subdivision or neighborhood.

Temporary sign means a sign or advertising display constructed of cloth, canvas, fabric, paper, plywood, or other light material and intended to be displayed for a short period of time. Included in this category are retailers' signs temporarily displayed for the purpose of informing the public of a sale or "special" offer and banner signs.

Wall sign means a sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall.

Window sign means any sign placed inside or upon a window facing the outside and which is intended to be seen from the exterior.

(Ord. No. 90-13, § 10.11, 8-7-1990; Ord. No. 2001-06, § 2(10.11), 11-6-2001)

Any person violating this article shall be punished as required by law. Each day such violation continues shall constitute a separate offense.

(Ord. No. 90-13, § 10.05, 8-7-1990; Ord. No. 2001-06, § 2(10.05), 11-6-2001)

(a)

Purpose. The purpose and intent of this article is to establish a set of standards for the fabrication, erection, and use of signs, symbols, markings, or advertising devices within the city. These standards are designed to protect and promote the health and safety of persons within the city and to aid and assist in the promotion of business and industry by providing regulations which allow and encourage creativity, effectiveness, and flexibility in the design and use of such devices, while avoiding an environment that encourages visual blight.

(b)

Jurisdiction. This article shall apply within the city.

(c)

Applicability of other requirements.

(1)

Signs or other advertising structures shall be constructed and maintained in strict conformity with the city building and electrical codes and all other applicable regulations.

(2)

In the event any of the provisions of this article are in conflict with other applicable requirements, the more restrictive requirements shall apply.

(Ord. No. 90-13, § 10.01, 8-7-1990; Ord. No. 2001-06, § 2(10.01), 11-6-2001)

(a)

Permit required; exceptions.

(1)

Except as otherwise provided in this article, it shall be unlawful to erect, alter or relocate any sign without first obtaining a sign permit; provided however, that incidental signs not more than two square feet are allowed, without a permit, in residentially zoned areas, containing political, religious or ideological messages.

(2)

When a sign permit has been issued, it shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of said permit without prior approval of the development administrator. A written record of such approval shall be entered upon the original permit application and maintained in the files of the development administrator.

(3)

The following activity shall not require a sign permit: The changing of the advertising copy or message on signs which are specifically designed for the use of replaceable copy.

(b)

Application for permit.

(1)

In order to obtain a permit to erect, alter or relocate any sign under the provisions of this article, an applicant therefor shall submit to the development administrator a sign permit application which shall set forth in writing a complete description of the proposed sign including:

a.

The name, address, and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector;

b.

The location by street address of the proposed sign structure;

c.

Complete information as required on application forms provided by the development administrator, including a site plan and elevation drawings of the proposed sign, caption of the proposed sign (for identification purposes only), and such other date as are pertinent to the application;

d.

Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and materials to be used;

e.

Application, and required information for such application, for an electric permit for all electric signs if the person erecting the sign is to make the electrical connection.

(2)

Each application shall contain an agreement to indemnify and hold the city harmless for all damages, demands or expenses of every character which may in any manner be caused by the sign or sign structure. Each applicant shall present to the building official on request a certificate of liability insurance prior to the issuance of a sign permit.

(3)

For off-site signs, such applicant shall obtain and attach to this application the written consent for the erection of such sign of the person having the right to use and possession of the premises on which the sign is to be erected.

(4)

The development administrator shall act upon an application for a permit with plans as filed, or as amended, without unreasonable or unnecessary delay.

(c)

Certain signs to be certified by registered engineer. The following signs shall be designed, signed and certified by a Florida registered engineer, who shall submit sufficient data to enable the development administrator to determine whether the sign complies with this article:

(1)

All roof signs.

(2)

Projecting signs over 24 square feet in area.

(3)

Off-site signs or ground signs over 100 square feet in area.

(4)

All signs with unusual structural features.

(d)

Issuance of permit. It shall be the duty of the development administrator, upon receipt of a completed application for a sign permit, to examine such plans and specifications and other data and, if the proposed structure is in compliance with the requirements of this article and all other applicable provisions of this chapter, to issue to the applicant a written permit evidencing the applicant's compliance therewith. Issuance of the permit shall in no way prevent the development administrator from later declaring said sign to be nonconforming if upon further review of information submitted with the application, or of newly acquired information, the sign is found not to comply with the requirements of this article.

(e)

Expiration of permit. A sign permit shall become null and void if the sign for which the permit was issued has not been completed within a period of six months after the date of issuance.

(f)

Identification tag.

(1)

The development administrator shall attach or require to be attached to the sign a tag which shall have printed or impressed thereon "CITY OF MONTICELLO SIGN PERMIT," the number thereof and the year of its issuance.

(2)

No sign as herein defined, unless specifically exempted, shall be erected, displayed, rebuilt, repaired, painted or otherwise maintained which does not have such tag securely attached thereto, or to its supporting structure, in such manner as to be plainly visible from the street or roadway.

(3)

The absence of an identification tag shall be prima facie evidence that the sign or advertising structure is being operated in violation of the provisions of this article.

(g)

Work on illegal signs. No person shall erect or assist in the erection, construction, maintenance, alteration, relocation, repair or painting of, or do any work upon, any sign for which a permit has not been obtained. Any such sign shall be illegal and may be ordered immediately removed by the development administrator.

(h)

Inspection. All signs for which a permit is required by this article are subject to inspection by the development administrator.

(i)

Revocation of permit. The development administrator is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with the provisions of this article within 30 days after notification in writing.

(j)

Permit fees. Before any permit is issued under the provisions of this article, the applicant must pay a fee of follows:

(1)

For each permit for signs, illuminated or not, $0.20 per square foot on each face.

(2)

For each permit for a painted wall sign, $0.20 per square foot on each face.

(3)

The minimum permit fee for each sign as described in subsections (1) and (2) above shall be $15.00.

(4)

A double fee shall be paid in addition to any other penalties levied for violations of this article.

(Ord. No. 90-13, § 10.02, 8-7-1990; Ord. No. 2001-06, § 2(10.02), 11-6-2001)

(a)

Removal of illegal signs. The development administrator shall remove or cause to be removed any and all signs constructed or maintained in the city in violation of any of the provisions of this article.

(b)

Abandoned signs. Except as otherwise provided in this article, any on-site sign that is located on property which becomes vacant and is unoccupied for a period of three months or more, or any on-site sign which no longer applies, shall be deemed to have been abandoned. Permanent on-site signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six months or more. An abandoned on-sign is prohibited and shall be taken down and removed by owner, agency, or persons having beneficial use of the building, structure, or land upon which such is found, within 30 days after written notice by the development administrator.

(c)

Maintenance of sign and supports. All signs for which a permit is required by this article, including their supports, braces, guys and anchors, shall be maintained so as to present a neat, clean appearance. Painted areas and sign surfaces shall be kept in good condition, and illumination, if provided, shall be maintained in safe and good working order.

(d)

Maintenance of surrounding area. Weeds and grass shall be kept cut in front of, behind, underneath, and around the base of ground signs for a distance of ten feet, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near such signs.

(e)

Notice to remove or alter sign. If the development administrator finds that any sign regulated under this article is unsafe or unsecure, or is a menace to the public, he or she shall give written notice of such findings to the owner, agent or lessee thereof. If the owner, agent, or lessee fails to remove or alter the structure so as to comply with the standards herein set forth within 30 days after said notice, such sign or other advertising structure may be removed or altered to comply by the development administrator at the expense of the owner, agent, or lessee, of the sign or of the property upon which the sign is located.

(f)

Removal of dangerous signs. The development administrator may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed immediately.

(g)

Authority to remove improperly maintained signs. A permit issued by the development administrator for a sign shall, by and upon its receipt and acceptance by the contractor, owner, agent or lessee of said sign, authorize the removal, at the expense of said owner, agent, or lessee, of said sign or of the property on which it is located if not properly maintained.

(Ord. No. 90-13, § 10.03, 8-7-1990; Ord. No. 2001-06, § 2(10.03), 11-6-2001)

(a)

The following signs shall be removed or made to conform to this article within 90 days of its adoption:

(1)

Nonconforming signs made of paper, cloth, or other nondurable material.

(2)

All temporary signs other than those permitted herein.

(3)

Any signs, except portable signs, that are not affixed to a building or the ground or that are located on public property or within a public right-of-way.

(4)

Bench signs.

(b)

Nonconforming portable signs shall be removed or made to conform to this article within one year from the adoption of this article. Within seven days from the adoption of this article, any animated component of any portable sign shall be turned off. Prior to the end of the one-year conformance period, sign permits may be issued for portable signs which were lawful as of the date of adoption of the ordinance from which this article is derived.

(c)

Nonconforming permanent animated signs shall be made to conform to this article within 90 days from the adoption of this article.

(d)

Nonconforming permanent on-site signs and off-site signs shall be made to conform or be removed according to the following schedule, all time periods beginning as of the date that the sign becomes nonconforming:

(1)

Off-site signs, five years.

(2)

On-site signs, five years.

(3)

Any nonconforming permanent on-site sign or offsite sign which is destroyed or damaged to the extent of 50 percent or more of its replacement value shall not be repaired or rebuilt except in conformity with this article.

(4)

A nonconforming permanent on-site sign or off-site sign shall not be replaced by another nonconforming sign except that substitution or interchange of letters and face panels on nonconforming signs shall be permitted through the period of nonconformity established by this article.

(5)

Not less than 12 months before the expiration of a period of nonconformity, the development administrator shall give written notice that the nonconforming on-site sign or offsite sign shall be made to conform.

(6)

Upon failure to comply within the time specified, the development administrator is hereby authorized to cause removal of such sign and any expense incident thereto shall be paid by the owner, agent or lessee of said sign or of the property upon which the sign is located.

(e)

For lawfully erected signs which are located in areas annexed subsequent to the date of adoption of the ordinance from which this article is derived, the required time periods for conformity with this article shall begin on the effective date of annexation.

(f)

Nonconforming permanent on-site signs and nonconforming permanent off-site signs may be maintained and repaired but shall not be structurally or mechanically extended or altered to further the nonconformance except as required by the building official in cases where it has been determined that there exists imminent danger to the public safety.

(g)

Nonconforming real estate signs shall be removed or made to conform within one year of the adoption of this article.

(Ord. No. 90-13, § 10.04, 8-7-1990; Ord. No. 2001-06, § 2(10.04), 11-6-2001)

(a)

Application of the provisions of this article may be varied by the city council, where such variance will not be contrary to the public interest and, where owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the code involved would result in unnecessary or unique hardship.

(b)

Requests for variances regarding any part of this article or the enforcement thereof shall be made in written form to the city superintendent.

(c)

Variance procedures shall apply both to signs which are nonconforming as of the date of adoption of the ordinance from which this article is derived and to new signs erected after the date of adoption.

(d)

Decisions of the city council shall be final, subject, however, to such legal remedy as any aggrieved party might have.

(Ord. No. 90-13, § 10.06, 8-7-1990; Ord. No. 2001-06, § 2(10.06), 11-6-2001)

(a)

General requirements.

(1)

Vertical clearance. Signs extending or hanging over any public or private sidewalk or pedestrian way shall not be less than nine feet above the surface of such way. Signs extending or hanging over any public or private vehicular way shall not be less than 15 feet above the surface of such way.

(2)

Obstruction to vision at street intersections. All signs shall comply with the requirements for preserving visibility at street intersections contained in section 54-523.

(3)

Distance from residential districts. Signs on properties in commercial or industrial districts which abut a residential district shall not be erected closer than 15 feet to any residential district boundary line.

(4)

Protection of residential properties from glare or reflection of light. Illuminated signs, including neon signs, shall not produce more than one foot-candle of illumination four feet from the sign.

(b)

Prohibited signs.

(1)

Off-site signs.

(2)

On-site signs which are not designed, constructed, or maintained in accordance with these provisions, which are not compatible with the objectives of this article, or which do not meet the requirements of all applicable city, county, state and federal codes.

(3)

Lights and signs that resemble any traffic control device, official traffic control signs, or emergency vehicle markings.

(4)

Signs or other advertising matter as regulated by this article erected at the intersection of any streets or in any street right-of-way in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with or obstruct the view of any authorized traffic sign, signal, or device; or which makes use of words "stop," "look," "drive-in," "danger," or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead or confuse vehicular traffic.

(5)

Unshielded illuminated devices that produce glare or are a hazard or a nuisance to motorists or occupants of adjacent properties.

(6)

Animated signs except public service signs.

(7)

Banners or flying paraphernalia, except an official federal, state, county, or city flag, and one symbolic flag not to exceed 15 square feet in area for each institution or business.

(8)

Signs which produce noise or sounds capable of being heard even though the sounds produced are not understandable sounds.

(9)

Signs which emit visible smoke, vapor, particles or odor.

(10)

Signs with any lighting or control mechanism which causes radio or television or other communication interference.

(11)

Motion picture mechanism in conjunction with any outdoor advertising structure, accessory sign, or advertising statuary used in such a manner as to permit or allow the images to be visible from any public street or sidewalk.

(12)

Signs erected, constructed, or maintained so as to obstruct, or be attached to, any fire-fighting equipment, window, door, or opening used as a means of ingress or egress or for fire-fighting purposes, or placed so as to interfere with any opening required for proper light and ventilation.

(13)

Signs erected on public property other than signs erected by public authority for public purposes.

(14)

Signs, except "posted property" signs, which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(15)

Signs attached to or painted onto a vehicle parked on a public thoroughfare for the sole purpose of advertising.

(16)

Sandwich signs.

(17)

Snipe signs.

(18)

Window signs which identify or advertise activities, services, goods, or products available within the building, and which collectively cover more than 20 percent of the window glass surface area.

(19)

Bench signs.

(20)

Flashing signs incorporated onto or attached to portable signs.

(21)

Tethered inflatable signs, either on-site or off-site, except as otherwise permitted by this article.

(Ord. No. 90-13, § 10.07, 8-7-1990; Ord. No. 2001-06, § 2(10.07), 11-6-2001)

(a)

Applicability. Unless otherwise specified, the standards in this section shall apply.

(b)

On-site permanent signs exempt from permit. The following on-site permanent signs may be erected without securing a permit, subject, however, to meeting all other applicable codes and regulations:

(1)

One professional name plate for each premises. Each professional name plate shall not exceed six square feet in area.

(2)

One occupational sign for each premises, denoting only the name, street, number and business of an occupant in a commercial building or public institutional building. Each occupational sign shall not exceed six square feet in area.

(3)

One bulletin board and identification sign per street frontage for public, charitable, educational or religious institutions located on the premises of said institutions and not exceeding 48 square feet in area where said institution is located in a residential district.

(4)

Integral decorative or architectural features of buildings and structures.

(5)

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(6)

Nonadvertising directional signs or symbols (e.g., entrance, exit, caution, slow, no trespassing) located on and pertaining to a parcel of private property, not to exceed two square feet in area.

(7)

Identification signs at the entrance drive of residences, estates, farms, ranches, and plantations which do not exceed two square feet in area.

(8)

Window signs which identify or advertise activities, services, goods, or products available within the building, and which collectively cover 20 percent or less of the window glass surface area.

(9)

Signs incorporated on machinery or equipment at the manufacturer's or distributor's level, which identify or advertise only the product or service dispensed by the machine or equipment, such as signs customarily affixed to vending machines, newspaper racks, telephone booths, and gasoline pumps.

(b)[c]

Permanent signs for which permit is required.

(1)

Ground or freestanding signs, wall signs, mansard signs, marquee and canopy signs, and roof signs. Ground signs, wall signs, mansard signs, marquee and canopy signs, and roof signs, except where otherwise provided, shall be allowed subject to the following limitations:

a.

Zoning districts where allowed. Except where otherwise specifically provided, these signs shall be allowed only in zoning districts other than residential districts and agricultural districts.

b.

Maximum surface area. Aggregate surface area of all signs, including free-standing sign structures and supports, shall not exceed two square feet of area for each foot of building frontage occupied by the business displaying signs, or one square foot of area for each foot of frontage of property occupied by the building. Square footage for double-faced freestanding signs may be calculated using only one side of the surface area.

Maximum aggregate surface area allowed for each building or property frontage is as follows:

1.

Within the B-1 zoning district and mixed-use business/residential zoning district: 40 square feet.

2.

Within all other zoning districts where allowed: 160 square feet.

c.

Multiple occupancy buildings. Where a single building or complex of buildings contains two or more separate activities or establishments, the individual establishments located in such multiple occupancy buildings shall be permitted wall signs and wall sign area as though each were located in an individual building with individual street frontage. Such multiple occupancy buildings shall be permitted one ground sign with surface area not to exceed one square foot of property frontage of the building or two square feet per foot of building frontage, with a maximum of 150 square feet.

d.

Maximum number of signs. Only one ground sign and one wall, mansard, marquee, canopy, projecting, or roof sign shall be allowed for each premises, except that on corner and double frontage lots, two ground signs and two wall, mansard, marquee, projecting, or roof signs are allowed provided that premises with more than one street frontage may utilize up to the maximum sign surface area allowed for each frontage, but no transfers of allowable area may be made from one frontage to another.

e.

Ground or freestanding signs.

1.

Location. All freestanding signs must front on a public road right-of-way or a paved dedicated access easement, whichever is the principal access to the property and must meet general requirements in [section] 54-558.

2.

Setback and size. All setbacks referred to herein are from the property line abutting the public right-of-way. Height is measured from the crown of the abutting public right-of-way. The maximum size allowed for the sign varies in relation to the setback as follows for all zoning districts where such signage is allowed unless expressly specified otherwise in this Code:

3.

Lighting. Lighting for signage may be accomplished by either internal or external sources. The source of illumination for externally-illuminated signs may not be visible from any abutting right-of-way or any adjacent property. Internally illuminated signs must have the lighting source concealed within the sign. All lit signs must comply with section 54-558(a)(4).

4.

Permanent freestanding signs shall have irrigated landscape consisting of ground cover, shrubs and/or trees.

f.

Maximum projection of wall signs. Wall signs may not project more than 12 inches from the building wall to which they are attached.

g.

Mansard signs. Unless otherwise specified, the mansard roof portion of a structure may be used for the mounting of a sign, provided such sign shall not extend above the highest point of the mansard roof line upon which the sign is mounted.

h.

Marquee signs and canopy signs. Signs or sign structures located on a marquee or canopy shall be affixed flat to the surface and shall not be greater than two feet in vertical dimension above the marquee and shall not extend horizontally beyond the marquee or canopy. An identification sign may extend vertically below the marquee or canopy, but may not exceed the dimensions of one foot by six feet, nor exceed the width of the marquee or canopy, whichever is less.

i.

Projecting signs. All projecting signs shall be subject to the following limitations:

1.

Projecting limitations: Four feet beyond the surface of the portion of the building to which it is attached or designed.

2.

Surface area and height limitations:

3.

Only one project[ing] sign per building.

j.

Roof signs. All roof signs shall be subject to the following limitations:

1.

Only on-site signs shall be allowed.

2.

No part of any roof sign or roof sign structure shall project beyond the building wall.

(2)

Shopping center signs. For each shopping center, signs bearing the name and identification of the shopping center and of the establishments on the premises shall be allowed subject to the following requirements:

a.

Signs for identification of shopping center and shopping center establishments.

1.

Maximum number of signs. One ground sign for the first 500 lineal feet of frontage adjacent to a street and one additional ground sign for each additional 500 lineal feet of frontage or major fraction thereof.

2.

Maximum surface area. Maximum surface area for each shopping center ground sign shall be based on the gross leasable area (GLA) within the shopping center as follows:

i.

Neighborhood shopping center, at least 25,000 but less than 100,000 square feet GLA: 175 square feet.

ii.

Community shopping center, at least 100,000 but less than 300,000 square feet GLA: 200 square feet.

iii.

Regional shopping center, at least 300,000 square feet GLA or more: 300 square feet.

b.

Signs for establishments in shopping center. Each establishment located within the shopping center shall be allowed one sign not to exceed 2½ square feet of surface area for each lineal foot of store frontage with a maximum surface area of 200 square feet, and one hanging marquee sign not to exceed the dimensions of one foot by six feet not to exceed the width of the canopy, whichever is less.

c.

Orientation toward residential neighborhood. Shopping center identification signs shall not be located on the rear or sides of a shopping center when such display would orient the signs to a residential neighborhood.

(3)

Subdivision signs. Two permanent subdivision signs may be located at each entrance to a subdivision provided the following requirements are met:

a.

Such signs shall contain only the name of the subdivision and motto, if any, and shall not contain promotional or sales material.

b.

The signs shall not create a physical or visual hazard for motorists entering or leaving the subdivision.

c.

An acceptable legal entity shall be provided to assure the maintenance of the subdivision signs.

d.

The signs shall not exceed ten feet in height.

e.

The signs shall each not exceed 40 square feet in area.

(4)

Multiple-family residential development and mobile home park signs. One wall or ground sign may be located on the site of a multiple-family residential development or mobile home park provided that it is not more than two square feet in area for each unit up to 16 for maximum sign area of 32 square feet. Such sign shall be not more than eight feet in height. Where a multiple-family residential development or mobile home park is located on more than one street, one sign may be displayed on each street.

(5)

Signs in historic districts. The erection of permanent signs requiring permits for individual historic properties and for establishments within a historic district shall require a certificate of appropriateness as provided in article VII of this chapter.

(d)

Temporary signs exempt from permit. The following on-site temporary signs may be erected without securing a permit, subject, however, to meeting all other applicable codes and regulations:

(1)

Legal notices and official instruments.

(2)

Flags or insignias of a governmental, religious, charitable, or fraternal organization, except when displayed in connection with a commercial promotion.

(3)

Decorative flags and bunting for a city-wide celebration, conventions, and commemorations when authorized by the city council for a prescribed period of time.

(4)

Holiday lights and decorations.

(5)

One nonilluminated, double-faced, real estate sign per street frontage not exceeding in face area:

a.

In residential zoning districts R-1, R-1A and R-2:

1.

Four and one-half square feet where the property being advertised has a frontage of less than 500 lineal feet.

2.

Sixteen square feet where the property being advertised has a frontage of 500 lineal feet or more.

b.

In all other districts, 16 square feet where the property or structure being advertised has a frontage of less than 200 lineal feet.

c.

In all other districts, 32 square feet where the property or structure being advertised has a frontage of 200 lineal feet or more.

Multiple-listing strips and "sold" signs may be allowed when attached to a real estate sign. Signs shall be removed when ownership has changed or the property is no longer for sale, rent, or lease. "Open for inspection" signs not exceeding 4½ square feet in area may be allowed on property that is open for inspection.

(6)

One construction sign per street frontage located on property where building is actually in progress under a current building permit. This shall be a ground sign not to exceed 32 square feet and may include the names of persons and firms performing services, labor, or supplying materials to the premises. Such sign must be removed before a certificate of occupancy is issued.

(7)

Any temporary yard sign provided such signs shall not exceed 16 square feet in area.

(e)

Temporary signs for which permit is required.

(1)

Development signs. Signs designed and intended to advertise and promote the sale or rental or lease of lots and/or structures in any subdivision shall be permitted as follows: One sign not exceeding 32 square feet in area shall be permitted for the first 20 building sites, plus one additional sign for each additional 50 building sites or parts thereof not to exceed one such sign for each street entrance into the subject subdivision. Such signs shall be permitted only within the confines of the subdivision. Permits for such development signs shall be issued for a period of one year only, subject to renewal on application. Such permits may be renewed by the development administrator only after determination that the promotion of the subdivision is active.

(2)

Temporary subdivision signs. Temporary subdivision signs shall be allowed to identify subdivisions where an active building and development program is underway. Such signs shall be nonilluminated wall or ground mounted and shall be allowed for a maximum legal effective period of not more than two years. Such signs shall be removed when the permit becomes void, or when 75 percent of the lots in the subdivision have been conveyed or had principal buildings erected on them. Subdivision development signs shall not exceed 32 square feet in sign area. Such signs shall be set back not less than 15 feet from any side property line and shall be no greater than ten feet in height. In such cases where the subdivision abuts more than one street, one such temporary subdivision sign may be erected on each street frontage.

(3)

Temporary signs for public or semi-public events or functions. A nonilluminated temporary sign announcing any public, charitable, educational, or religious event, issue, or function may be allowed on the site of the sponsoring public, charitable, educational, or religious institution and/or on the site of the event, issue, or function, itself. Signs shall not exceed 32 square feet in area. Signs shall not be utilized for more than 60 days.

(4)

Temporary signs for new businesses. A new business, or a business in a new location with no permanent signs, may obtain a permit for a temporary sign of up to 32 square feet in sign area or the maximum permitted sign area for any one ground mounted permanent sign for such occupant, whichever is lesser, for a period of not more than 60 days or until installation of permanent signs, whichever shall occur first. A temporary ground sign shall not exceed ten feet in height.

(5)

Banners, flying paraphernalia, and inflatable signs. A permit may be granted for the use of onsite banners, flying paraphernalia, and tethered inflatable signs for no more then seven calendar days in any six-month period.

(6)

Portable signs. A permit may be granted for the erection of one portable sign on the premises of a business or institution provided that the portable sign shall:

a.

Be allowed for not more than seven calendar days in any six-month period;

b.

Not exceed 40 square feet in sign surface area;

c.

Not utilize flashing illumination;

d.

Be set back a minimum of ten feet from a right-of-way line;

e.

Not be allowed to be placed in a parking space that is required to meet the minimum parking requirements of the city;

f.

Not be allowed in any residential district.

(7)

Pennants, flags and similar devices. Although the use of pennants, flags, banners, whirlers or similar devices is prohibited anywhere in the city, a singular exception to such prohibition shall be that such devices may be used in conjunction with the opening of a new place of business, provided that such devices shall not be installed prior to opening day nor shall remain longer than seven calendar days after opening day.

(Ord. No. 90-13, § 10.08, 8-7-1990; Ord. No. 2001-06, § 2(10.08), 11-6-2001; Ord. No. 2012-05, § 1, 10-2-2012)

Each business or institution which is not located on an arterial street or a major collector street may display one off-site directional sign subject to the following requirements:

(1)

Location.

a.

Off-site directional signs may be located in any zoning district.

b.

Off-site directional signs shall not be allowed where visible only from a local street.

c.

An off-site directional sign shall be located at the major intersection nearest to the business or institution displaying the sign.

(2)

Type of sign allowed. Ground sign.

(3)

Maximum sign surface area. Up to 16 square feet, but any such square footage shall be deducted from the allowance for on-site signs allowed under this article and only one such sign shall be allowed per intersection corner.

(4)

Maximum sign height. Eight feet.

(5)

Minimum setback. Five feet from the nearest right-of-way line.

(6)

Illumination. Off-site directional signs shall not be illuminated.

(7)

Permission required for placement. No off-site directional sign shall be located on any property without the consent of the owner, holder, lessee, agent, or trustee.

(Ord. No. 90-13, § 10.09, 8-7-1990; Ord. No. 2001-06, § 2(10.09), 11-6-2001)

This article may be enforced pursuant to law.

(Ord. No. 90-13, § 10.10, 8-7-1990; Ord. No. 2001-06, § 2(10.10), 11-6-2001)