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:

Marquis sign means a freestanding sign with either a large base or post structure which has two or more individual business signs which identifies the businesses located on such property or business center.

Neighborhood business center means a cluster of two or more businesses located in an area of residential character.

Permanent sign means a sign which is fixed to a base that is constructed as a placement for permanent exposure. The base may be of solid construction (i.e., cement, metal, etc.) and shall not exceed 36 inches in height from natural grade.

Sign means a name, identification, description, display, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, person, institution or business.

Sign, advertising means a sign or structure which directs attention to a business, commodity, service, activity or entertainment conducted, sold or offered. Such sign is located away from the premises where such business, commodity, service, activity or entertainment [is] conducted, sold or offered including, but not limited to, billboards.

Sign, business means a sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.

Sign, flashing means a sign on which the illumination is intermittent or not maintained in intensity and/or color; either the panel or border lights.

Sign, freestanding means a sign not attached to a building but anchored in place, or mounted on a solid base, and is permanent in nature.

Sign, hanging means a sign that is affixed to the ceiling of a permanent covering over a public way.

Sign, illuminated means any sign illuminated by one or more lighting devices internally or attached to and part of the surface of the sign.

Sign, nameplate means a sign which states the name and/or address of the profession or business on the lot where the sign is located, and is attached to a permanent structure.

Sign, projecting means a sign that is affixed to and extends horizontally more than 15 inches from a building, and has more than four square feet of surface area.

Sign, surface area of means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any structural elements outside the limits of such sign and not forming an integral part of the display. Only one side of a double-face or V-type sign structure shall be used in computing total surface area.

Sign, temporary means a mobile or portable sign not intended for permanent use.

Sign, wall means a sign that is affixed to and does not project more than 15 inches from a building.

(Code 1961, § 19-40; Ord. No. 07-10, § 1, 9-25-2007)

Cross reference— Definitions generally, § 1-2.

The following regulations shall apply to signs in all zoning districts of the city unless otherwise provided for elsewhere in this article:

(1)

No sign shall be erected as to prevent free ingress or egress from any door, window or fire escape; and no sign of any kind shall be attached to or impede access to a standpipe, fire escape or sprinkler system.

(2)

No sign shall be erected on public property at any time or at the intersection of any streets in such manner as to obstruct free and clear vision or at any location where, by reason of position, it may interfere with or obstruct the view of traffic sight lines or traffic control devices. However, where allowed in the zoned district, a sign is permitted at a street intersection provided the pole on which it is mounted does not exceed 12 inches in diameter, the sign is set back at least five feet from the property lines fronting on the respective street and provided further that the lowest extremity of the sign is at least 15 feet above ground level. The signpost or base may exceed 12 inches in diameter depending upon the setback location and must be approved by the building department.

(3)

Lighting devices on signs may extend not more than 72 inches over public or private property provided the lowest part of such device is at least 15 feet above the finished grade.

(4)

Projecting signs may extend not more than 72 inches over public or private property but in no event closer than one foot from the curblines, and the bottom of which shall be at least ten feet above the finished grade of the sidewalk. For the purposes of this article, any sign hanging from a projecting roof shall be considered a projecting sign and shall be limited to a maximum length of six feet; however, such sign shall not exceed the bounds of the roof projection.

(5)

The illumination of any sign within 50 feet of and facing a residential district line shall be diffused or indirect and designed to prevent direct rays of light from shining into adjoining residential districts. Neon signs and plastic-faced signs with interior lighting are considered diffused or indirectly lighted signs. In no event shall flashing or intermittent illumination be permitted where the sign faces directly into and is nearer than 300 feet to dwellings in a residential district.

(6)

Temporary signs:

a.

Temporary signs indicating an event of public interest, such as a state or local fair, a cattle or horse show, etc., may be erected with size restrictions limited to the district in which the temporary signs are located.

b.

All temporary signs shall be permitted in all zoned districts. In districts zoned residential and business, such sign shall not exceed 48 inches by 48 inches and shall not be displayed earlier than 90 days prior to the date of the event made subject of the temporary sign. All such signs shall be removed within 48 hours after they are no longer valid and shall be exempt from permit fees and deposit requirements.

(7)

Whenever a sign becomes structurally unsafe or endangers the safety of a business or premises, or endangers the public safety, the building inspector or zoning director shall give written notice to the owners of the sign or the owner of the premises on which the sign is located that such sign be made safe or removed within ten days.

(8)

Any business or outdoor advertising sign legally existing prior to August 20, 1985, and which does not conform to these provisions shall not be altered or changed in overall dimensions except to conform to the provisions of this article. If damages occur to an extent in excess of half its current replacement value, it shall not be rebuilt; provided, that nothing contained in this subsection shall be construed to prevent normal maintenance and repairs, repainting or posting of such signs or structures.

(9)

All business and advertising signs must be attached to or located on private property. Temporary business use signs are limited to four per business and are subject to permitting as per the district use regulations.

(10)

To provide reasonable flexibility in these regulations, the board of adjustment may approve an application for a sign which may not conform with the provisions of the zoning district in which it is located, where the location, size or addition would not be inconsistent with the character of the area or neighborhood in which such sign or structure is to be located.

(11)

No revolving and/or flashing device or sign of any kind or color is permitted which may be mistaken for that of a police car, ambulance or other emergency vehicle.

(12)

If located within direct vision of traffic control devices, no flashing or intermittent red, green or amber illumination shall be used.

(13)

Business use of temporary signs shall be allowed only to indicate an event, activity, product sale or other business use which is temporary in nature. Such signs will not be illuminated or flashing and may be used in an area only where business signs are permitted. A permit fee per sign will be required and the time limit for use of a temporary sign shall be 30 days; the fee being as prescribed by section 126-166.

(14)

All signs must be constructed of material normally used in construction of signs, including but not limited to bricks, masonry, stone, pipes, tubing, plastic and other recognized building materials. All nonrecognizable building materials, including but not limited to vehicles, vehicular parts, appliances, plumbing fixtures and boats, are prohibited.

(15)

External lighting, such as floodlights, thin line and gooseneck reflectors, are permitted, provided the light source is directed on the face of the sign and is effectively shielded so as to prevent beams or rays of light from being directed into any portion of a traveled way.

(16)

Signs which are obsolete signs, not meeting construction standards, out-of-date political signs, signs advertising defunct businesses, signs that are temporary or mobile in nature, except as allowed in this section, and those which have been erected without a building permit are prohibited.

(17)

Signs which are illegal under state law or regulations are prohibited.

(18)

Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features are prohibited.

(19)

No sign shall be erected within, or extend upon, into or over a public utility easement. No sign shall be attached in any manner to any public property.

(Code 1961, § 19-41; Ord. No. 07-10, § 1, 9-25-2007; Ord. No. 23-13, § 1, 11-28-2023)

Signs in R-1A, R-1B, R-1C, R-2, R-3 and R-4 districts are permitted subject to the following regulations:

(1)

A sign not exceeding two square feet in area, giving the name and/or address only of the land or building on which the sign is displayed or that of the owner or lessee.

(2)

A sign pertaining to the lease or sale of a building or property, provided such sign shall meet the criteria of subsection 126-157(6)d., and such signs shall be unilluminated.

(3)

Temporary signs for one year advertising new subdivision development of five lots or more, provided such signs do not exceed 300 square feet in surface area, are no more than 15 and not less than two feet above ground, advertising only the development in which they are located, and are erected only at dedicated street entrances to the new subdivision.

(4)

One unilluminated sign identifying an engineer, architect or contractor engaged in the construction of a building, provided such sign shall not exceed 32 square feet in surface area, is not more than 15 feet or less than two feet above ground, and is removed within 30 days following occupancy of the building.

(5)

Two identification signs, not to exceed 50 square feet each, for the following uses: Church, school, hospital, library, farm, park, subdivision, authorized businesses or similar uses. Such signs shall be solely for the purpose of displaying the name of the institution or authorized business use and its activities or services. It may be illuminated but not flashing. Both sides may be used with same information on each side.

(6)

Directional signs not to exceed two square feet in surface area for the following uses: church, school, hospital, library, sanitarium, clinic or similar use, providing that each shall be limited to one such sign per major thoroughfare approach. No such sign shall be permitted on minor residential streets.

(7)

One sign for a dwelling group of four or more units not exceeding five square feet in surface area. Such signs may indicate the names and addresses of the buildings or may be a directory for occupants.

(8)

All temporary business use signs shall not exceed 18 square feet in area.

(9)

All other signs not specifically authorized in residential districts are prohibited except as provided by subsection 126-157(6).

(Code 1961, § 19-42; Ord. No. 07-10, § 1, 9-25-2007)

Signs in B-2, B-3 and P districts are permitted subject to the following regulations: Sign limitations in section 126-158 shall apply in the R-4 residential area except for signs in neighborhood business centers and individual business signs, which are governed by sections 126-160 and 126-161.

(Code 1961, § 19-43; Ord. No. 07-10, § 1, 9-25-2007)

Signs in neighborhood business centers are permitted subject to the following regulations:

(1)

A freestanding sign may be erected subject to the following:

a.

Content. Such sign, which may be in sections, shall advertise only the name and location of the center and the name and type of business of each occupant of the center.

b.

Area. The surface area of the sign in square feet shall not exceed the linear foot frontage of the business center site.

c.

Setback. Such sign shall be set back a minimum of 15 feet from the front property line of the center.

d.

Height. No sign shall project higher than 30 feet above curb level.

(2)

In addition to the freestanding sign in subsection (1) of this section, each business or user within a neighborhood business center may erect a wall or projecting sign subject to the following:

a.

Content. Such sign, which may be in sections, shall advertise only the name and type of business within.

b.

Area. The surface area of the sign shall not exceed 32 square feet.

(Code 1961, § 19-44; Ord. No. 07-10, § 1, 9-25-2007)

An individual business which is not part of a neighborhood business center may erect a single sign subject to the following:

(1)

Content. Such sign, which may be in sections, shall advertise only the name and type of business within.

(2)

Area. The surface area of the sign shall not exceed 32 square feet.

(3)

Installation. Such sign may be painted on, attached flat against the building, may be freestanding, or may project out from the building; but such projection may not exceed 48 inches. In the case of projecting signs, an eight-foot minimum clearance from the sidewalk or public way to the lowest extremity of the sign is required.

(Code 1961, § 19-45; Ord. No. 07-10, § 1, 9-25-2007)

In the C district, signs are permitted subject to the following regulations:

(1)

All signs permitted in the R, B-1 and B-2 zones.

(2)

Freestanding business signs are permitted on individual business sites (not part of shopping centers) within one foot of the property line provided such signs do not interfere with power lines or other utility systems.

(3)

The total surface area of all business signs on a building and/or lot shall not exceed 250 square feet or the sum of four square feet for each linear foot of lot frontage, whichever is the greater.

(4)

Each integrated shopping center may have one freestanding identification sign for each street frontage, set back at least 20 feet from the front property line and announcing the name of the shopping center, the hours of business, names and types of business occupants, and changeable attraction letter boards.

(Code 1961, § 19-46; Ord. No. 07-10, § 1, 9-25-2007)

In the H district, signs are permitted subject to the following regulations:

(1)

All signs permitted in the residential, business and commercial classifications.

(2)

The total surface area of a business sign or signs on a building or lot shall not exceed five square feet for each lineal foot of lot frontage.

(Code 1961, § 19-47; Ord. No. 07-10, § 1, 9-25-2007)

In the B-1 district, signs are permitted subject to the following regulations:

(1)

Such signs may advertise only the name and field of specialty of the practitioner and/or the name and/or address of the building from which the practice is conducted.

(2)

A building containing offices or shops may be identified by no more than two signs. Only one sign shall be displayed on any given side of the building. These signs shall not be freestanding, and neither sign shall exceed eight square feet in area.

(3)

Signs for other businesses located in this district shall not be freestanding signs and shall not exceed 32 square feet in surface area.

(Code 1961, § 19-48; Ord. No. 07-10, § 1, 9-25-2007)

All applications for a sign permit shall contain the following information and such other information as may be required by the building inspector:

(1)

Name, mailing address and telephone number of the applicant.

(2)

Purpose of the sign.

(3)

Street location where the sign is to be located.

(4)

Estimated length of time the sign is to be at the proposed location.

(5)

Site plan depicting the location of the sign from the front and side of property lines.

(6)

Linear feet along the front property line.

(7)

The number of and location of all freestanding signs on the property.

(8)

Plans showing all sign specifications and dimensions such as size, number of sign faces, square footage of sign faces, height to the top of the sign above curb level, height to the lowest extremity of the sign face above ground level and the materials to be utilized for construction.

(9)

The electrical specifications.

(10)

Outdoor advertising sign permit applications must provide information detailing the distance in linear feet measured along the applicable thoroughfare to the nearest junior panel sign, standard panel sign and painted bulletin sign.

(Code 1961, § 19-49; Ord. No. 07-10, § 1, 9-25-2007)

Fees for sign permits shall be charged as follows:

(1)

Signs.

a.

Freestanding signs, permit: $50.00.

b.

Temporary signs for business use, permit: $25.00.

(2)

Advertising signs.

a.

Junior panel sign, permit: $50.00.

b.

Standard poster panel sign, permit: $75.00.

c.

Painted bulletin sign, permit: $100.00.

(3)

Registration of advertising signs. The fee for registering all advertising signs as required by section 126-171 will be $25.00, regardless of size.

(Code 1961, § 19-50; Ord. No. 07-10, § 1, 9-25-2007)

(a)

Advertising signs and their respective maximum sizes are as follows:

(1)

Junior panel sign. An advertising sign with the sign face, including border and trim, ranging from one square foot to 72 square feet in area.

(2)

Standard poster panel sign. An advertising sign with sign face, including border and trim, greater than 72 square feet, but not exceeding 400 square feet in area.

(3)

Painted bulletin sign. An advertising sign with the sign face, including border and trim, greater than 400 square feet, but not exceeding 700 square feet in area.

(b)

Outdoor advertising shall be permitted in only C and H zones except as otherwise provided in other sections of this article. All signs shall be located on private property with the sign set back from the property line a minimum of two feet.

(c)

The maximum area of an outdoor advertising sign shall be 700 square feet in each direction. No sign shall exceed two sign faces when viewed from one direction.

(Code 1961, § 19-56; Ord. No. 07-10, § 1, 9-25-2007)

For the purpose of spacing each side of a two-lane thoroughfare shall be considered together, and each side of a four-lane thoroughfare shall be considered separately with the following spacing requirements:

(1)

A junior panel sign shall be located no closer than 500 linear feet, measured along a thoroughfare, to any other junior panel sign, standard poster panel sign or painted bulletin sign.

(2)

A standard poster panel sign shall be located no closer than 500 linear feet, measured along a thoroughfare, to any other junior panel sign, standard poster panel sign or painted bulletin sign.

(3)

A painted bulletin sign shall be located no closer than 500 linear feet, measured along a thoroughfare, to any junior panel sign or any standard poster panel structure, and shall be located no closer than 1,500 linear feet, measured along a thoroughfare, to any other painted bulletin sign.

(4)

No outdoor advertising sign, except those located in a C commercial district along and adjacent to U.S. Highway 90, as such highway is located on August 20, 1985, shall be located closer than 500 linear feet measured in a direct line to any residential district line.

(5)

No outdoor advertising sign may be located in such a manner as to prevent the driver from having a clear, unobstructed view of traffic signs and approaching, merging or intersecting traffic and driveways; nor shall any advertising sign be permitted to project into the direct line of vision of any official traffic control signal, from any point in a moving lane of a highway or street.

(Code 1961, § 19-57; Ord. No. 07-10, § 1, 9-25-2007)

The maximum height of any outdoor advertising sign located along a graded road shall be 50 feet, measured from the normal ground level or the crown of the graded road, whichever is higher. The maximum height of any outdoor advertising sign located along an elevated roadway, its entrance or exit ramps, or an area not in reference to a graded roadway shall be 50 feet measured from the normal ground level.

(Code 1961, § 19-58; Ord. No. 07-10, § 1, 9-25-2007)

(a)

All existing permanent advertising signs which were legally erected but are nonconforming according to the provisions of this article shall be discontinued and removed within ten years of the effective date of Ordinance No. 85-12 and after receiving notice as stated in subsection (c) of this section.

(b)

No nonconforming advertising sign shall be enlarged or extended whatsoever.

(c)

At the end of ten years from the effective date of Ordinance No. 85-12, the owner of any permanent outdoor advertising which was legally erected but which is not in conformity with the requirements of this article shall be notified by the building inspector by certified mail to commence removal of such outdoor advertising sign within 30 days of the date of the notice, with the removal to be completed within 60 days. If at the end of this 60-day time period allotted for removal of the advertising sign the owner fails to remove the sign, the city shall enter upon the property whereupon the sign is located and dismantle and remove the sign from the premises at the risk of the sign owner, to store the sign, and collect from the sign owner the cost of dismantling, removing, transporting and storing the sign.

(Code 1961, § 19-61; Ord. No. 07-10, § 1, 9-25-2007)

All outdoor advertising signs existing prior to August 20, 1985, shall be registered at the office of the building inspector. This registration will be required to establish ownership, legality and to certify that the advertising sign was constructed prior to the adoption of this article. The registration will contain the same information as the sign permit, and a fee as provided in section 126-166 will be charged for such registration.

(Code 1961, § 19-64; Ord. No. 07-10, § 1, 9-25-2007)

(a)

Those signs in the categories described in this subsection (a)(1) through (3) shall be removed within 30 days of the date that such sign deteriorates or is damaged as follows:

(1)

A nonconforming sign which becomes a safety hazard or dangerous under any applicable ordinance and for which the cost of placing such sign in lawful compliance with the applicable ordinance exceeds 50 percent of the value of the damaged or deteriorated sign;

(2)

A nonconforming sign damaged in any manner and from any cause whatsoever to the extent of more than 50 percent of the value of the damaged or deteriorated sign;

(3)

A nonconforming sign which is not maintained in a state of good repair; or

(4)

Structures which are not securely affixed on a substantial structure.

(b)

The building inspector shall serve 30 days' notice, by certified mail with return receipt, to the owner of such substandard sign to remove the sign. If the owner of an unlawful sign fails or refuses to remove the sign after the 30 days' notice from the city, the city shall enter upon the property whereupon the sign is located and dismantle and remove the unlawful sign from the premises at the risk of the sign owner, to store the sign, and to collect from the sign owner the cost of dismantling, removing, transporting and storing the sign.

(Code 1961, § 19-62; Ord. No. 07-10, § 1, 9-25-2007)

(a)

Unlawful signs shall be any sign, display or device which violates the provisions of this article. The building inspector shall give 30 days' notice, by certified mail with return receipt, to the owner of such sign to remove the sign if it is a prohibited sign, or cause it to conform to the regulations if it is an authorized sign.

(b)

If the owner of an unlawful sign fails or refuses to remove or conform the sign to this chapter after the 30 days' notice from the building inspector, the city shall enter upon the property whereupon the sign is located and dismantle and remove the unlawful sign from the premises at the risk of the sign owner, to store the sign, and to collect from the owner the cost of dismantling, removing, transporting and storing the sign.

(Code 1961, § 19-63; Ord. No. 07-10, § 1, 9-25-2007)

Any violation of this article shall subject the offender to a total removal of all signs for a minimal period of one year and such other punishment as the court may determine in accordance with section 1-13.

(Code 1961, § 19-65; Ord. No. 07-10, § 1, 9-25-2007)