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

Sign means and includes every sign, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, and temporary sign, and shall include any announcement, declaration, demonstration, display illustration or insignia used to advertise or to promote the interests of any person when the same is placed out of doors in view of the general public.

(Prior Code, § 5-356)

The provisions and regulations of sections 12-641 through 12-645 shall not apply to the following signs:

1. Real estate signs not exceeding eight square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located only;
2. Professional name plates not exceeding one square foot in area;
3. Bulletin boards not over eight square feet in area for public, charitable or religious institutions when the same are located on the premises of the institution;
4. Signs denoting the architect, engineer or contractor when placed upon work under construction, and not exceeding 16 square feet in area; or
5. Signs denoting a place of business, occupation, or profession when such sign is located on such premises.

(Prior Code, § 5-357; LDC 1991, § 12-602)

No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any streets 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, obstruct the view of or be confused with any authorized traffic sign, signal or device.

(Prior Code, § 5-358; LDC 1991, § 12-603)

No wall, fence, sign, structure or plant growth, having a height in excess of three feet above the elevation of the curb or crown of the adjacent roadway, whichever is the lower, shall be maintained upon any corner lot adjacent to a street intersection within the city, within a triangular area measured from the point of intersection of the front and roadside lot lines of such corner lot along such front and roadside lot lines a distance of 25 feet and interconnected to form a right triangle of the area of such corner lot adjacent to the street intersection.

(Prior Code, § 5-359; LDC 1991, § 12-604)

Structures and plant growth maintained in violation of section 12-644 is hereby declared to be a public nuisance and may be abated, as such, pursuant to the provisions of this chapter and laws of the state prescribing the manner and procedure for abatement thereof.

(Prior Code, § 5-360; LDC 1991, § 12-605)

It is unlawful for any person to erect, alter or relocate within the city any sign or other advertising structure, as defined in these regulations, without first obtaining an erection permit from the city and making payment of the fee required herein.

(Prior Code, § 5-386; LDC 1991, § 12-611)

Application for erection permits shall be made upon blanks provided by the city and shall contain or have attached thereto the following information:

1. Name, address and telephone number of the applicant;
2. Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected;
3. Position of the sign or other advertising structure in relation to nearby buildings or structures;
4. A drawing of the plans and specifications and method of construction and attachment to the building or in the ground;
5. Name of person, firm, corporation or association erecting the structure; and
6. Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.

(Prior Code, § 5-387; LDC 1991, § 12-612)

Upon the filing of the application, the city shall examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure. If it shall appear that the proposed structure is in compliance with all the requirements of this article and all other laws and ordinances, the erection permit may be issued.

(Prior Code, § 5-388; LDC 1991, § 12-613)

Every applicant for a permit required by this article, before being granted a permit hereunder, shall pay to the city the permit fee for each sign or other advertising structure regulated by this chapter.

(Prior Code, § 5-389; LDC 1991, § 12-614)

The city may revoke any permit issued by the city upon failure of the holder hereof to comply with any provision of any city ordinance relating to signs.

(Prior Code, § 5-390; LDC 1991, § 12-615)

For the purpose of extending regulations or the use of land to the erection, placement, display, location, and maintenance of signs and outdoor advertising media; for the purpose of protection of places of historical and cultural importance; to increase safety and lessen congestion in the streets; to conserve the value of buildings; to preserve residential values; and to encourage the most appropriate use of land, standards are provided in this article.

(Prior Code, § 6-186; LDC 1991, § 12-621)

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:

Building facade means the exterior wall of a building that is exposed to public view.

Building facade, front, means the wall that has the main entrance to the structure.

Building facade side, means any side that does not contain a main entrance to the structure.

Decoration means illustrations, symbols, streamers, bunting, wreaths, figures, insignia, and other devices employed to express and illustrate a message of seasonal character

Directional and informational signs means signs which direct the reader to the location of a facility or group of facilities, public or semipublic uses, such as parks and recreational areas, communities, historical or cultural points of interest, service areas providing food, lodging, and gasoline, fire stations, colleges, churches and similar facilities.

Electronic message center means a sign which provides public service information, any similar public interest information and/or related advertising for a general business located on the same premises through electronically controlled intermittent light impulses. A message center shall consist of letters, words or numerals, pictures or graphics, which can either change sequentially or travel across the display area. A message center as herein defined is deemed to be a sign subject to the requirements of this article.

Expressway means a divided roadway consisting of four lanes of traffic or more with a center median or barrier and which may or may not provide grade separation structures above or below intersecting cross traffic, which may incorporate controlled access and may provide access to abutting properties by means of frontage roads or specific on-off ramps.

Freestanding sign means any signage installed on posts or other supports that are not attached to any building or structure.

Grand opening sign refers to a sign that publicizes a new establishment opening to the public for the first time.

I-35 corridor means the area in which the current comprehensive plan has indicated as the I-35 corridor.

Multi-tenant sign means an on-premises sign identifying individual businesses within a commercial building.

Nonaccessory sign means a sign or advertising device which directs attention to an activity, service, or products sold or offered elsewhere than on the premises on which the sign is located.

Portable sign means a sign designed to be movable from one location to another and not permanently attached to the ground or to any immobile structure and shall include signs commonly referred to as A-frame, sandwich signs, stake signs, wind signs, banners, feather signs, or any other advertising device not permanently attached to the ground or building.

Roof sign means a sign erected on a vertical frame work supported by and located immediately and entirely over the roof of a building;

Sign means any structure or part thereof or any device, permanent or temporary, attached to, painted on, supported by, or represented on a building, fence, post or other structure which is used or intended to be used to attract attention; provided, however, the term "sign" does not include a flag, pennant, or insignia of any nation, association of nations, state, city, or other political unit, and does not include any advertising device attached to any motor vehicle, or on a public coin-operated telephone facility, including its customary identification emblems, legends, and structural accessories.

Temporary sign means any sign or advertising device constructed of cloth, canvas, light fabric, cardboard, wallboard, wood, or other light materials, with or without frames, which is intended to be displayed for a limited time only.

Wall sign means an attached accessory sign painted on or attached to the wall or surface of a building or display surface, which is parallel to the supporting surface.

(Prior Code, § 6-187; LDC 1991, § 12-622)

No sign or similar outdoor advertising device shall be erected, placed, displayed, located or maintained except in accordance with the provisions of this article.

(Prior Code, § 6-188; LDC 1991, § 12-623)

Sections 12-682 through 12-695 set out general rules for accessory and nonaccessory signs.

(Prior Code, § 6-189, in part; LDC 1991, § 12-624)

Use of public right-of-way is restricted as follows:

1. Erection, construction, location, retention or placement of any sign in or over the public right-of-way shall be prohibited, except as provided elsewhere in this article; and
2. Merchandise such as tires, produce, and any other articles for sale shall not be located in any manner in the public right-of-way.

(Prior Code, § 6-189, in part; LDC 1991, § 12-625)

Use of public property is restricted as follows:

1. The use of any boulevard, street, parkway, park road, or park under the control of the city for any political, social, civic or charitable nonaccessory advertising purpose within full view of those traveling on a public road is prohibited. The city's use of these areas to display public information or the placement of decorations as herein defined are excluded from this regulation;
2. The scattering or any application of paint, pots, paste, glue, or any materials or substance used in painting or fixing advertising matter upon any public street or sidewalk is prohibited; or
3. The scattering or spreading in any manner along any public property of any bills, wastepaper, paper, cloth, or other materials used in advertising is prohibited.

(Prior Code, § 6-189, in part; LDC 1991, § 12-626)

It is unlawful for any person to permit the manufacturing, installing, erecting, or displaying of any obscene, indecent or immoral matter.

(Prior Code, § 6-189, in part; LDC 1991, § 12-627)

The erection, construction, or maintenance of any sign upon any property or building without the consent of the owner, holder, lessee, agent, or trustee thereof is hereby prohibited.

(Prior Code, § 6-189, in part; LDC 1991, § 12-628)

The name of the sign contractor or sign owner responsible for erection and maintenance of any sign shall be painted on or attached by use of a name plate in a conspicuous location on the supporting structure or display surface of the sign.

(Prior Code, § 6-189, in part; LDC 1991, § 12-629)

The owner of any property on which a sign is located and those responsible for maintenance of the sign shall be equally responsible for the conditions of the area in the vicinity of the sign and shall be required to keep the area clean, sanitary, and free from noxious or offensive substances, rubbish, and flammable waste materials.

(Prior Code, § 6-189, in part; LDC 1991, § 12-630)

The erection, construction, or maintenance of any sign which will obstruct any fire escape, stairway, or standpipe, or which will be attached to or supported by a fire escape or stairway, or which will interfere with human exit through any emergency opening, or which will obstruct the exterior door or required exit of any building, or which will obstruct any legally required light or ventilation is prohibited.

(Prior Code, § 6-189, in part; LDC 1991, § 12-631)

The purpose of this section is to promote the reasonable, orderly and effective display of nonaccessory signage along Interstate 35 while remaining consistent with national policies, to protect the public investment in the interstate and federal-aid primary highways, to promote and enhance the beauty, order and attractiveness of the city to residents, tourists and visitors and thus, positively influence the economic prosperity of the area. The uncontrolled use of nonaccessory signs and their location may be injurious to traffic safety and to the well-being of the public, in conflict with the objectives stated above, and may have a negative impact on adjacent property values. Recent substantial public and private investments within the city have resulted in a heightened real estate market for new development within the I-35 area, including new residential development. Due to this investment, it is deemed necessary to regulate and limit the number and placement of nonaccessory signs in this area, thereby resulting in the overall enhancement of the general health, safety and welfare of the citizens of the city.

1. All non-accessory or billboard signs existing or under permit on the effective date of the ordinance from which this article is derived shall be located only in the C-3, C-4, C-5, I-1, I-2 and I-3 zoning districts, and shall be located only on property abutting the I-35 right-of-way.
2. Non-accessory sign locations shall comply with all established building lines and required setbacks as outlined in this article and any ordinances of the city, notwithstanding any other provision noted herein. Where a railroad right-of-way crosses a public right-of-way, required setbacks or established building lines on adjacent properties are extended through or across the railroad right-of-way.
3. No non-accessory or billboard sign shall be erected, constructed, located or placed within 25 feet of the right-of-way line of I-35, nor shall any such non-accessory or billboard sign be erected within 100 feet of any existing single-family dwelling.
4. The maximum height of the highest point of the structure or display surface of any non-accessory or billboard sign existing or under permit on the effective date of the ordinance from which this article is derived shall be 40 feet, measured from grade level of the ground surface in which the structure supports are placed.
5. All non-accessory or billboard signs facing in the same direction shall be at least 1,000 feet apart laterally; provided, however, that temporary non-accessory signs may be permitted by the city council in case of a special event sponsored by the city, a civic organization or an organized business group of the city. Such signs shall not be permitted to stand more than 30 days and shall be removed immediately upon termination of the special event.
6. Erection, construction, location or placement of a non-accessory or billboard sign on the roof or otherwise attached or affixed to any building or other structure is prohibited.
7. No non-accessory or billboard sign shall have more than 672 square feet of sign face facing one direction of travel, nor shall such sign be more than 60 feet in horizontal distance.
8. No non-accessory or billboard sign shall be placed in a vertical position with one structure atop another.
9. All non-accessory or billboard signs shall comply with permit requirements of the state and federal governments.
10. Except as specifically permitted by this article, no non-accessory signs shall be permitted within the boundaries of an area known as the I-35 corridor as defined in the city's comprehensive plan.
11. Nonconforming nonaccessory signs. Within the previously described area, existing nonaccessory signs shall be considered nonconforming, and shall be allowed to continue unless such sign is altered in a manner that increases the degree of nonconformity or is abandoned for a period of more than two years.
12. Exception. Whenever a condemnation proceeding or a civil action results in an order entered by a court of competent jurisdiction approving a settlement agreement, or any other court order which invests the lessee of a nonaccessory sign with the right to maintain such nonaccessory sign within the described area, that lessee shall have a vested property right in the nonaccessory sign, and the right to maintain it, for the term of the lease and any extensions or renewals thereof.
13. No non-accessory sign with a display area of 100 feet or less shall utilize flashing, intermittent or moving light or lights.

(Prior Code, § 6-190, in part; LDC 1991, § 12-632; Ord. No. 133(95), 2-2-1996; Ord. No. 542(06), 4-3-2006)

For purposes of this Code, an accessory sign is defined as any advertising device which identifies or displays information concerning the proprietor of the business conducted on the premises, or directs attention to an activity, service or products sold or offered on the premises on which the sign is located.

1. Freestanding signs.
   1. The maximum display area for freestanding signs shall not exceed 200 square feet per side, except that any such sign located within the I-35 corridor defined in the city's comprehensive plan shall have a maximum display area of 300 square feet per side. Maximum allowable space for an electronic messaging center is 50 square feet per side, except that any such sign located within the I-35 corridor shall have a maximum display area of 250 square feet per side. Any electronic messaging center sign that exceeds 150 square feet in size within the I-35 Corridor shall be located a minimum distance of 1,000 feet from any other electronic messaging center sign that exceeds 150 square feet in size.
   2. One freestanding sign per street frontage shall be permitted, provided that an additional sign location shall be permitted for each additional 200 feet of frontage in excess of the first 300 feet of frontage on each street.
   3. The maximum height shall be 40 feet above grade level, provided a maximum height of 65 feet shall be permitted for signs located in commercial zones which lie within the I-35 corridor. A minimum clearance of 14 feet above any driveway or service drive shall be maintained.
   4. Multi-tenant signs are subject to the following conditions:
      1. One multi-tenant sign shall be permitted per street frontage of the development in lieu of an allowable freestanding pole sign. One additional multitenant sign is permitted along a street for each additional 750 linear feet of street frontage.
      2. The maximum display area shall not exceed 200 square feet per side, except that any such sign located within the I-35 corridor shall have a maximum display area of 300 square feet per side. Maximum allowable space for an electronic messaging center is 25 percent of total sign area, except that any such sign located within the I-35 corridor shall have a maximum display area of 50 percent of the total sign area.
      3. Materials and design of multi-tenant signs shall be architecturally compatible with the main structure.
   5. Freestanding signs shall not be placed in or overhang any street right-of-way or public easement, nor shall they be located so as to cause a sight distance problem at any street or driveway.
2. Wall signs. Wall signs are subject to the following conditions:
   1. Wall signs shall not exceed a maximum display area of 2½ square feet per one linear foot of the building facade front, and 1½ square feet per one linear foot of the building facade side on which the sign is affixed, except that any such sign located on a side of a building that fronts the I-35 corridor shall not exceed a maximum display area of five square feet per one linear foot of the building frontage. The community development director may determine location of front facade based on the intent of these regulations and character of the area.
   2. Banners may be used as a temporary wall sign to identify the name of the business, but they shall be regulated by the above specifications and may only be used for a maximum of 30 days from the opening date of the business.
   3. A wall sign length shall not exceed 75 percent of the length of the building facade on which the sign is affixed.
   4. No illuminated wall sign shall be permitted on the rear or side of the building that is adjacent to a residential use.
   5. All wall signs shall have a surface or facing of noncombustible material; however, combustible structural trim may be used thereon.
      
3. Portable signs. Portable signs shall be subject to the following conditions:
   1. Shall not be lighted;
   2. Shall be limited to ground signs only;
   3. Shall not exceed 32 square feet of total surface area per side, but may be double sided;
   4. No more than one portable sign per occupant or business shall be permitted, but it may be double sided;
   5. Shall be kept in good repair and shall be removed if they fall into disrepair; and
   6. Shall not be placed in or overhang any street right-of-way or public easement, nor shall they be located so as to cause a sight distance problem at any street or driveway.

All portable signs as defined in this subsection shall come into compliance with the requirements set forth herein within six months from the effective date of the ordinance from which this article is derived.

(Prior Code, § 6-190, in part; LDC 1991, § 12-633; Ord. No. 133(95), 2-2-1996; Ord. No. 251(99), 4-15-1999)

All nonaccessory and accessory signs shall be maintained in good and safe structural condition. The painted portions shall be periodically repainted and kept in good condition.

(Prior Code, § 6-190, in part; LDC 1991, § 12-634)

Signs and sign structures shall be designed and constructed to resist wind forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.

(Prior Code, § 6-190, in part; LDC 1991, § 12-635)

Signs and sign structures shall be designed and constructed to resist wind forces as specified in the building code or applicable engineering principles approved by the city engineer.

(Prior Code, § 6-190, in part; LDC 1991, § 12-636)

The design of wood, concrete or steel members shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code.

(Prior Code, § 6-190, in part; LDC 1991, § 12-637)

Signs and sign structures shall be securely built, constructed and erected in conformance with the requirements of this article.

(Prior Code, § 6-190, in part; LDC 1991, § 12-638)

Supports for signs or sign structures shall not be placed in or upon public rights-of-way or public easements.

(Prior Code, § 6-190, in part; LDC 1991, § 12-639)

Materials of construction for signs and sign structures shall be of the quality and grade as specified for buildings in the building code. Plastic materials shall be those specified in the building code standards, which have a flame spread rating of 225 or less and a smoke density not greater than that obtained from burning of untreated wood under similar conditions when tested in the way intended for use. The products of combustion shall be no more toxic than the burning of untreated wood under similar conditions.

(Prior Code, § 6-190, in part; LDC 1991, § 12-640)

All sign structures which are erected in the fire limits shall have structural members of heavy timber or incombustible material. No combustible materials other than approved plastic shall be used in construction of electric signs.

(Prior Code, § 6-190, in part; LDC 1991, § 12-641)

Nonstructural trim may be of wood, metal, approved plastic or any combination thereof.

(Prior Code, § 6-190, in part; LDC 1991, § 12-642)

Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, vertical or horizontal, shall not exceed safe values. Braced ground signs shall be anchored to resist specified wind loads acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil for effective resistance to a depth of not less than three feet. Anchors and supports shall be guarded and protected when near driveways, parking lots or similar locations where they could be damaged by moving vehicles.

(Prior Code, § 6-190, in part; LDC 1991, § 12-643)

Display surfaces in all types of signs may be made of metal or other approved materials.

(Prior Code, § 6-190, in part; LDC 1991, § 12-644)

The building official shall require that sufficient technical data be submitted to substantiate the proposed use of any materials; and if it is determined that the evidence is satisfactory for the use intended, he shall approve its use.

(Prior Code, § 6-190, in part; LDC 1991, § 12-645)

1. The display surface of a nonaccessory directional or information sign shall contain no more than directions to or information relative to public and semipublic purposes. Advertising copy of any kind is prohibited.
2. Erection, construction, or maintenance of nonaccessory directional and informational signs shall be in compliance with any setback requirements or established building line as required by other city ordinances. The use by any governmental agency of these sign types to display items of public information is not included in this regulation.
3. The erection, construction, or maintenance of nonaccessory directional or informational signs on the roof of any building is prohibited.
4. The location of nonaccessory directional and informational signs shall not be nearer than 300 feet from any other nonaccessory directional or informational sign with a similar message.

(Prior Code, § 6-190, in part; LDC 1991, § 12-646)

1. Grand opening signs.
   1. For the purposes of this Code, a grand opening sign refers to a sign that publicizes a new establishment opening to the public for the first time.
   2. The sign shall not be displayed more than 30 days.
   3. There shall be only one grand opening allowed per business, and this grand opening must occur in conjunction with the time the business first opens to the public at a particular location.
   4. Grand opening signs shall not exceed a total surface area of 32 square feet per side, may be double sided, and shall not exceed a maximum of two grand opening signs per lot, except that any such grand opening event located in the I-35 corridor shall not have grand opening signs that exceed a total surface area of 64 square feet per side, may be double sided, and shall not exceed a maximum of two grand opening signs per lot.
   5. Grand opening signs shall not be placed in or overhang any street right-of-way or public easement, nor shall they be located so as to cause a sight distance problem at any street or driveway.
2. Other temporary signs. Temporary signs not specifically regulated shall be displayed only in accordance with the following conditions:
   1. Shall be limited to ground signs only, shall not exceed nine square feet of total surface area per side, and may be double sided.
   2. Shall be comprised of no more than one temporary sign per business.
   3. Shall remain in place no longer than 30 days at a time.
   4. Each business shall be allowed three temporary signs per year.
   5. Temporary signs shall not be placed in or overhang any street right-of-way or public easement, nor shall they be located so as to cause a sight distance problem at any street or driveway.
3. Date of compliance. All temporary signs as defined in this section shall come into compliance with the requirements set forth herein within six months from the date of the ordinance from which this article is derived.

(LDC 1991, § 12-647)