The purpose of this chapter is to promote and protect the public health, welfare and safety of the citizens of the city by regulating advertising signs of all types. This chapter creates the legal framework for signage regulation that is intended to facilitate an easy and agreeable communication between people and to reduce sign or advertising distractions, obstructions and visual clutter that may contribute to traffic accidents and the aesthetic appearance of the community. It recognizes the need for a well maintained and attractive community and the need for adequate and professional business identification, advertising and communication. It is further intended to protect property values. Signs that reflect sensitivity to human scale and appearance are encouraged. (See sign definitions in chapter 3 of this title.) (Ord. 1628, 1-12-2015)

Signs for which a permit is not required:

   A.   Directional/Institutional Sign: Directional or institutional signs which do not in any way advertise a business, signs identifying restrooms, public telephones, walkways or signs providing direction, such as parking lot entrance and exit signs, and those of similar nature.

   B.   Governmental Sign: Governmental signs for the control of traffic or other regulatory purposes, or signs of public service companies indicating danger, which are erected by or on the order of a public officer in the performance of public duty.

   C.   Flags, Emblems, Etc.: For the purpose of this chapter, the word "sign" does not include the flag or emblem of any nation, organization of nations, state, city, religious, fraternal, or civic organization; also, merchandise and pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields.

   D.   Holiday Decorations/Signs: Holiday decorations and signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holiday; provided that such signs shall be displayed for a period of not more than sixty (60) consecutive days nor more than sixty (60) days in any one year. Such signs shall provide that a clear vision triangle is maintained.

   E.   Addressing Numbers/Mailboxes:

      1.   House Numbers: House/addressing numbers which are no more than six inches (6") and not less than three inches (3") in height and placed on the building so as to be visible from the street. House numbers may also be painted on the curb.

      2.   Mailboxes: Mailboxes shall bear only the name and address of the occupant or legally conducted business, except as limited by the zoning district encompassing the use.

      3.   Commercial Buildings: Building/addressing numbers are to be no more than twelve inches (12") and not less than six inches (6") in height.

   F.   Interior Signs: Interior signs located within the interior of any building or structure that are not visible from the public right of way.

   G.   No Trespassing/Dumping Signs: "No Trespassing" or "No Dumping" signs, not to exceed one and one-half (11/2) square feet in area per sign and not exceeding four (4) in number per lot.

   H.   Memorial Signs: Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be part of the building.

   I.   Occupant Sign: Occupant signs not to exceed one for each dwelling unit indicating the name of the occupant, or the location or identification of a home or professional office, except as limited by the zoning district encompassing the use.

   J.   Picket Sign: Picket signs.

   K.   Plaques/Nameplate: Plaques or nameplate signs of not more than two (2) square feet in area which are fastened flat against the face of the building.

   L.   Political Signs: Political and campaign signs, provided that such signs shall not be posted in any place or in any manner that is destructive to public property upon posting or removal. No political sign shall be posted in a public right of way nor shall any such sign be posted on a utility pole.

   M.   Public Notice: Public notices posted by public officials in the performance of their duties.

   N.   Public Signs: Public signs required or specifically authorized for a public purpose by any law, statute or ordinance, which may be of any type, number, area, height above grade, location, illumination or animation as required by the law, statute or ordinance under which the signs are erected.

   O.   Real Estate Signs: Real estate and open house signs (1 only) on any lot or parcel, provided it is removed within seven (7) days after the sale, rental, or lease has been consummated.

   P.   Signboards/A-Frame (Double Sided): A-frame signboards shall be allowed as an accessory use in commercial and industrial zones. They shall be professionally done and not exceed six (6) square feet in size (1 side measured) and shall be placed so as to not impair pedestrian or vehicular traffic in the public right of way. One per business.

   Q.   Temporary Sign: Temporary signs not exceeding six (6) square feet in area pertaining to outdoor temporary sales, grand openings, drives or events of civic, philanthropic, educational or religious organizations, provided that said signs are posted for a period of time not exceeding sixty (60) days.

If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be considered as temporary. A mobile or portable sign shall not be considered a temporary sign or used for such purpose.

Signs advertising warning or danger, or announcing the site of future buildings or otherwise identifying or informing the viewer of a condition, a situation or event of known temporary nature, shall be considered, for purposes of this section, as temporary signs, These temporary signs shall be removed by the owner of the sign or by the owner of the premises upon which the sign is located at the expiration of the time for which the sign is allowed or within sixty (60) days.

   R.   Warning Signs: Signs warning the public of the existence of danger, but containing no advertising material, of a size as may be necessary, to be removed upon subsidence of danger.

   S.   Window Sign: Window signs in commercial or industrial districts, provided that permanent signs shall not exceed fifty percent (50%) of the window area.

   T.   Portable Signs: Portable signs (on a chassis) designed to be relocated shall be placed as to not impair pedestrian or vehicular traffic in the public right of way. There shall be only one such sign per business. (Ord. 1628, 1-12-2015)

The following types of signs are expressly prohibited in all districts, except as otherwise provided by this code:

   A.   Public Area Signs: Signs placed on any street right of way, curb, sidewalk, post, pole, power pole, hydrant, bridge or tree, except official public notices posted by a public officer.

   B.   Signs Resembling Traffic Control/Emergency Vehicles: Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal, or device, or the light of an emergency or road equipment vehicle; or which obstruct the visibility of any traffic or street sign or signal device.

   C.   Off Premises Signs And Billboard Signs: Signs advertising a business which is conducted elsewhere. This includes billboard signs. (See "off premises sign" for permitted off premises and billboard signs in chapter 3 of this title, and section 9-13-5, "Sign Regulations Use Chart", of this chapter.)

   D.   Roof Signs: See chapter 3, "Definitions", of this title. (Ord. 1628, 1-12-2015; amd. Ord. 1702, 11-23-2020)

Signs for uses in the zoning districts of the city shall conform with the dimensional, locational, and other standards specified in section 9-13-5, schedule D of this chapter. (Ord. 1628, 1-12-2015)

SCHEDULE D6

Notes:

   1.    When a combination of signs is used, only 50 percent of the total combined square footage is allowed. Sign area may be divided into 1 or more signs for that frontage, but may not exceed the total square feet allowed and square footage may not be transferred from 1 street to another.

   2.    Mall or grouping of businesses shall be permitted 1 group identification sign (no individual freestanding pole business signs). Maximum size: 60 square feet.

   3.    Temporary sign (see section 9-13-2 of this chapter).

   4.    Mall or grouping of businesses shall be permitted 1 group identification sign (no individual freestanding pole business signs). Maximum size: 100 square feet.

   5.    Mall or grouping of businesses shall be permitted 1 group identification sign (no individual freestanding pole business signs). Maximum size: 150 square feet.

   6.    No signs allowed in the vision triangle. Sign area may be divided into 1 or more signs for that frontage, but may not exceed the total square feet allowed and square footage may not be transferred from 1 street to another. All other signs prohibited unless otherwise provided for in this chapter.

(Ord. 1628, 1-12-2015)

In conjunction with all other adopted codes, the following requirements shall apply to signs in all zoning districts:

   A.   Area Allowed/Height/Setback, Etc.: As shown on the sign regulations use chart, section 9-13-5 of this chapter.

   B.   Projection: No sign or sign foundation shall encroach or project beyond the property line except as otherwise provided for in this code. The owner of a sign allowed to project over a public way shall relocate the sign immediately upon written notification by the city of a modification to the public way.

   C.   Alley Frontage: Where the rear of a business has frontage on an alley, it may have one sign in the alley. Signage shall be 0.025 percent of the building face on the alley. Such sign may not project over the public right of way and shall be a fascia sign.

   D.   Abandoned Signs: Except as otherwise provided in this chapter, any on premises sign located on property which becomes vacant and unoccupied for a period of six (6) months or more shall be deemed to have been abandoned and the sign permit shall become automatically void. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises.

   E.   Community Information Signs/Banners: An officially designated sign may be illuminated and is limited to the display of information of interest to the general community regarding scheduled public events and public activities or provides historical or other special information of public interest and shall contain no advertising material. Allowed only by approval of the city council.

   F.   Signs Adjacent To Residentially Zoned Areas: Any sign or structure located on a lot which is adjacent to a residentially zoned lot shall meet the setback requirements of the adjoining residential district. In any event, no sign surface or area facing the side or rear lot line of an abutting residentially zoned lot shall be located within fifty feet (50') of such side or rear lot line. Distance shall refer to the linear measurement in either direction on the street to which the sign faces.

   G.   Vision Triangle: Signs at railroad and street intersections shall not be permitted in the "vision clearance/triangle", as defined in chapter 3 of this title, except at a height of less than three feet (3') and greater than twelve feet (12') to the bottom of a sign display surface or sign area. Signs classified as wall signs are permitted. Sign structures above three feet (3') in height having a projected width of greater than one foot (1') shall not be permitted in the vision triangle.

   H.   Public Parking Lot Accessory Signs: In all districts, one identification sign for each street frontage of the parking lot is permitted. Each sign shall not exceed sixteen (16) square feet in area and shall not exceed the sign height for the district in which it is located. The sign shall not be located closer than five feet (5') to any street property line unless attached to a building. All signs shall be stationary, and, if lighted, may be indirectly or internally illuminated only. Attached signs shall not be roof signs.

   I.   Planned Unit Development (PUD) Sign: All shopping centers and planned unit developments shall develop a signage plan as part of their preliminary application stating the size, location, shape, structure and need for signs within the project.

   J.   Sign Maintenance And Repair: Nothing in this chapter shall relieve the owner or user of any sign, or owner of property on which a sign is located, from maintaining the sign in a safe condition and in a state of good repair.

   K.   Canopy Signs: Canopy signs shall not project more than three feet (3') from the wall of the building.

   L.   Wall Signs: Wall signs shall not extend beyond the edge of any wall or other surface to which they are mounted.

   M.   Group Identification Signs: Only one such sign shall be allowed and shall not be counted in the total square footage allowed per business. No sales or price information shall be permitted.

   N.   Message center and animated signs are permissible subject to the following conditions:

      1.   Time: A sign permit shall not be issued to erect or place an animated sign on a property until a site plan and/or final plat has been approved by the city for development of the property and after issuance of a building permit for a building on the property.

      2.   Place:

         a.   Message center and animated signs may be included as part of other allowed flush wall mounted or freestanding signs.

         b.   Message center and animated signs are allowed only in conjunction with a nonresidential use.

         c.   Message center and animated signs shall not project into the right of way.

      3.   The building official must make all the following findings in permitting such a sign:

         a.   The location and placement of the sign will not endanger motorists or pedestrians and does not cause undue distraction to traffic on the adjacent street or impede views at street or railroad intersections.

         b.   The sign will not cover or blanket any prominent view of a structure or facade of historical or architectural significance.

         c.   The sign will not obstruct views of users of adjacent buildings to side yards, front yards or to open space.

         d.   The sign will not distract, intrude upon, or negatively impact the visual quality of a public open space such as a public recreation facility, square, plaza, courtyard, and the like.

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

         f.   The sign's lighting will not cause hazardous or unsafe driving conditions for motorists and will not glare, reflect, or spill onto adjacent business or residential areas.

      4.   Manner:

         a.   The maximum area of an animated sign is seventy (70) square feet of the total square footage of the sign in which it is located; provided, however, where the property upon which the message center/animated sign is to be placed possesses a single, contiguous street frontage equal to or greater than five hundred (500) linear feet, total square footage shall not exceed one hundred (100) square feet.

         b.   Flashing (the same copy flashing on and off repeatedly) is prohibited.

         c.   Word messages shall not have a change frequency less than one second per frame. (Ord. 1628, 1-12-2015; amd. Ord. 1702, 11-23-2020)

   A.   Permits Required: Except as otherwise provided in this chapter, it shall be unlawful for any person to change, erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit. A permit shall not be required for a change of copy on any sign, nor for the repainting, cleaning or other normal maintenance or repair of a legal sign or sign structure for which a permit has previously been issued in accordance with this sign code, provided that the sign or sign structure is not altered in any way.

A fee based upon the contractor's total bid value for the sign and installation of said sign shall be charged.

   B.   Application For Permit: The application for a permit shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the city.

An application for a sign which does not comply with all appropriate laws and regulations of the city shall be denied, stating the reasons for denial. The city shall, in writing, suspend or revoke a permit when it is found that the permit was issued on the basis of fraud or misstatement of fact.

   C.   Effect Of Issuance: No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in an action to abate an unlawful sign. (Ord. 1628, 1-12-2015)

The building inspector or designee is hereby empowered to inspect and ensure compliance with the provisions of this sign code. (Ord. 1628, 1-12-2015)

If any other provisions of adopted codes conflict with the provisions of this chapter, the more restrictive provisions shall apply. (Ord. 1628, 1-12-2015)

Any nonconforming signs in R-1, R-2, R-3, R-4 or LO/R zones shall be removed within a period of six (6) months from the date and enactment of this chapter.

Any nonconforming signs in C-1, C-2, C-3, C-4, I-1 and I-2 zones may remain with normal maintenance. An existing nonconforming sign shall be maintained in good structural condition or shall be removed or replaced with the same size or smaller sign. (Ord. 1628, 1-12-2015)

Upon finding that any sign that has been abandoned or endangers public safety, the building inspector or designee shall send the owner written notice that the sign has been declared unlawful, specifying the reasons why the sign endangers public safety, and ordering that the sign be repaired or removed within thirty (30) days from the date of notice. (Ord. 1628, 1-12-2015)

Any unlawful sign which has not been removed within thirty (30) days after sign permit revocation or expiration of the appropriate notice to remove period may be removed at the request of the building inspector or designee and the costs charged to the owner. Neither the city nor any of its agents shall be liable for any damage to the sign when removed under this section. (Ord. 1628, 1-12-2015)

The building inspector shall have the authority to revoke any sign permit which has been granted when it has been determined that the sign authorized by the permit has been constructed or is being maintained in violation of this chapter or of the conditions and limitations of the sign permit. In a revocation proceeding, the building inspector or designee shall follow the following procedures:

   A.   Notice To Revoke/Remove: A notice of intent to revoke a sign permit shall be sent to the holder of the permit, or to one of its representatives; or, if this is not possible, the notice shall be posted in a conspicuous position at the entrance to the premises and by the certified mailing of another copy of the notice to the last known address of the permit holder.

   B.   Time Limit: The permit shall be revoked within fifteen (15) days of the posting of the notice of intent to revoke unless the cause of violation has been removed and evidence of the same has been presented to the city within that period. (Ord. 1628, 1-12-2015)

See chapter 6, "Procedures", of this title. (Ord. 1628, 1-12-2015)