A.

It is the intent of this article to control all signs, to protect property values, to encourage the most appropriate use of land, to secure safety in the streets, to achieve a more desirable living environment, to protect and enhance the attractiveness of the city as a place of residence, employment, and civic activity, and generally to promote the public safety and welfare.

B.

While in most instances signs are erected as an accessory use, they constitute a separate and distinct use of the land upon which they are erected and essentially a use of the visible portion of land adjacent to public streets and sidewalks.

C.

The purpose of this article is to:

1.

Protect and enhance the character, property values, and stability of new and existing residential neighborhoods and commercial and industrial districts in the city.

2.

Establish a regulatory framework for the use of signs as an addition to economic and social activities of the residents, institutions and businesses of the community.

3.

Conserve the taxable value of land and buildings.

4.

Reduce sign clutter and to eliminate the potential for the distraction of motorists and the degradation of the appearance of the community that results from an excessive number of signs.

5.

Protect aesthetic values and to establish and maintain standards of community appearance with respect to signs.

6.

Provide standards and procedures for the removal, elimination, or relocation of signs which fail to conform to those standards as established herein.

7.

Establish an administrative framework for the enforcement of the standards and regulations established herein.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The following permit regulations shall apply to all signs in the city unless otherwise exempted:

A.

Applicability. Except as otherwise provided in this Code, it shall be unlawful for any person to erect, construct, enlarge, move, convert or place any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the building official or designated officer as required by this Code. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Permit fees shall be in an amount according to a schedule of fees, as shall be modified from time to time by the council, and made available for public viewing in the city clerk's office.

B.

Change of sign owner or user. Whenever there is a change in the sign user (excluding outdoor advertising signs), owner, or owner of the property on which the sign is located, the new sign user, owner, or new property owner shall obtain a new sign permit if the sign is to be altered or relocated.

1.

A building permit shall be required for the erection, alteration, or reconstruction of any sign unless exempt as per Section 90-16-05;

2.

No sign shall be erected or maintained unless it is in compliance with the regulations of this article and this Code;

3.

Signs must be constructed of durable materials, be maintained in good condition and not be permitted to become dilapidated;

4.

Signs shall be illuminated only by steady, stationary, shielded light sources directed solely at the sign, or internal to it, without causing glare for motorists, pedestrians, or neighboring premises. They shall not produce more than one foot-candle of illumination four feet from the sign;

5.

Any sign which advertises an activity, business, product, or service which has ceased operation, existence or production, or which no longer carries a message, for a period of a year shall be removed at the end of the year;

6.

All signs erected or maintained pursuant to the provisions of this article shall be erected and maintained in compliance with all applicable State laws and with the building code, electrical code and other applicable city codes. In the event of a conflict, the more restrictive provision shall prevail;

7.

Signs which display either constantly or in sequence, by electronically or electrically controlled changes in the same lamp bank, shall be permitted provided the copy display shall remain constant for at least two-second intervals between changes;

8.

No sign shall occupy a parking space required under the minimum standards of this chapter; and

9.

Wall signs shall cover no more than 25 percent of the wall area on any one side of the structure.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Removal

1.

The Building Official shall cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous, or materially, electrically or structurally defective sign, or a sign for which no permit has been issued.

2.

The Building Official shall order the removal of an illegal sign otherwise required to be removed after notice herein provided or as provided in the applicable building, electrical or fire codes. Such notice shall be to the building owner or sign owner by registered mail or written notice served personally. If such sign is not removed within 30 days or the time provided in the building codes, the inspecting officer may remove such sign at the expense of the owner thereof. Signs placed in the rights-of-way may be removed immediately by the city with the cost of removal to be borne by the owner of the sign.

B.

Disposal costs

1.

Any sign removed by the city pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. Any sell or salvage value shall be used to offset the costs of removal. The cost of the removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in an appropriate court action by the city. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.

2.

When it is determined by the city that said sign would cause an imminent danger to the public safety and contact cannot be made with a sign owner or building owner, no written notice shall have to be served. In this emergency situation, the city may correct the danger, with all costs being charged to the sign owner and property owner.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

1.

Flashing signs. No sign shall display lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles; nor shall any signs use the words, slogans, dimensional shape and size, or colors of the governmental traffic signs.

2.

Illegally-affixed signs. Signs painted or attached to natural features (such as trees or rocks), telephone poles, utility poles, or fence posts are prohibited.

3.

Obscene signs. Signs of an obscene nature. If in the opinion of the City Attorney, the sign falls within the prohibitions of Sections 54-254 or meets the definition of an obscene sign as defined in Article 18 Definitions.

4.

Obstructing signs. Signs which obstruct any ingress or egress, including doors, windows or fire escapes.

5.

Off-premises signs. Off-premises signs unless otherwise provided.

6.

Parked Vehicle signs. Signs placed or painted on parked vehicles or trailers where the primary purpose is to advertise a product or service, or to direct the public to a business or activity located on or off the premises are prohibited. Signs displayed on trucks, buses, other vehicles or trailers, which are being operated and stored in the normal course of a business, such as signs indicating the owner or business that are located on delivery trucks, moving vans and rental trucks, are permitted, provided that the primary purpose of such vehicles is not the display of signs, and that they are parked or stored in areas appropriate to their use as vehicles.

7.

Portable signs. Portable signs shall be prohibited. No portable sign placed on a lot or premises after May 14, 2007, shall continue. Portable signs which were lawfully in place prior to May 14, 2007, as established pursuant to MCC Section 220463 (2008) or in the case of an individual sign owner, by substantial proof of the same to the City, and which met and continue to meet all code requirements for the placement of portable signs in existence at the time of the placement of the signs, are to be considered to be a legal nonconforming use and may continue. Portable signs not legally placed, which did not meet herein, which were modified so that the portable sign no longer meets Code requirements for the placement of portable signs then in existence, is to be considered an unlawful nonconforming use and shall be removed as provided in Section 90-16-03.

8.

Signs which constitute a traffic hazard, including those signs that:

a.

No signs, except traffic signs and signals and informational signs erected by a public agency, are permitted within any street or public right-of-way, unless otherwise provided.

b.

Signs which obstruct the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare are prohibited.

c.

Make use of any word, phrase, symbol or character in a manner that misleads, interferes with, or confuses traffic.

9.

Temporary signs. Temporary signs unless otherwise provided.

10.

Vehicle signs. A sign that is attached to or painted on a vehicle or trailer that is parked on public or private property which the primary purpose is to advertise or attract attention to a produce sold or a business. Except vehicle signs that meet the following conditions.

a.

The primary purpose of such vehicle or trailer is not the display of signs;

b.

The vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable and actively used in the daily function of the business to which the signs relate.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

The following types of signs are exempt from the provisions of this article and shall be allowed without a sign permit.

A.

Bulletin board. Bulletin boards for public, charitable or religious institutions when the same are located on the premises of the institutions and less than eighteen (18) square feet in area, provided such sign shall be located on the same zoning lot as the principal building.

B.

Construction signs. One (1) construction sign no more than eighteen (18) square feet in surface area in a Residential District and no more than thirty-six (36) square feet in surface area in a Commercial, Industrial and CBD District, which denotes the architect, contractor or engineer, when placed on the zoning lot which is a construction site of such architect, contractor or engineer.

C.

Directory signs. Directory signs no more than six (6) square feet in surface area.

D.

Flags. Flags, emblems and insignia of political, civic, philanthropic, religious educational organizations and the United States flag or State flags displayed for noncommercial purposes.

E.

Historic designation. Plaques or tablets denoting names of buildings and date of erection or names of buildings or dates, cut into any masonry surface.

F.

Holiday decorations. Decorations displayed in connection with civic, patriotic or religious holidays.

G.

Political and noncommercial signs. Temporary signs advertising political candidates or parties, provided that such signs may not be erected before the applicable filing period and shall be removed within ten days following such election; or signs advertising support or opposition to any public issue, provided that such signs shall not be erected more than 30 days prior to an election on the issue and shall be removed within ten days following such election. Such signs shall not be placed any closer than twelve (12) feet from the curb or edge of the street. Permission from the property owner shall be obtained prior to installing the sign.

H.

Real estate signs. In the Residential Districts, one (1) real estate sign no more than eight (8) square feet in surface area, except not more than eighteen (18) square feet in surface area for multiple-family dwellings, and in the Commercial Districts, one (1) real estate sign no more than thirty-six (36) square feet in surface area per street frontage, which advertises the sale or rental of the premises on the lot upon which the sign is located. Real estate signs shall not be placed any closer than twelve (12) feet from the curb or edge of the street.

I.

Temporary signs. Temporary signs advertising special events, provided that such signs may not be erected more than 30 days prior to said special event and shall be removed within seven days following such special event. Temporary signs shall not be placed any closer than twelve (12) feet from the curb or edge of the street. Permission from the property owner shall be obtained prior to installing the sign.

J.

Traffic control signs. Traffic and other signs erected and maintained by the city or other governmental agency, legal notices and all other similar signs required by law to be posted.

K.

Utility signs. Signs showing the location of public telephones and signs placed by utilities to show the location of underground facilities.

L.

Warning signs. Warning signs, such as "no trespassing," "beware of dog," etc., each not more than two (2) square foot in size and not to exceed one sign per every 2,500 square feet per lot.

M.

Window signs. Nothing shall be construed in this article as a provision to regulate window signs.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The following signs shall be allowed in the Residential Districts unless otherwise provided in this subsection.

1.

Real estate signs, construction signs, identification signs and instructional signs which comply with the number, height, area, manner and location provisions of the districts, provided that real estate signs shall be removed within five days after the close of sale; and

2.

Subdivision ground sign as approved in the final plat. One sign not over one hundred fifty (150) square feet in area and shall not encroach into the right-of-way;

B.

Number, height, area, manner and location of signs are as follows:

1.

Only one identification sign, not to exceed two (2) square feet in area, shall be allowed for each zoning lot except that one additional identification sign shall be permitted where the lot has more than one access to a public way, and except that the number of instructional signs shall be limited to the number reasonably necessary to instruct and inform the public and where a hazard to traffic is not created as determined by the Director of Public Works;

2.

Only wall signs, not to exceed twenty (20) feet in height, and ground signs, not to exceed seven (7) feet in height, of the non-illuminated type shall be allowed.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

The following signs shall be allowed in Commercial Districts:

1.

Any sign allowed in a Residential District and subject to the same regulations as to number, height, location, manner and area unless otherwise specified;

2.

Temporary signs, within a "C-1", "C-2", or "C-3" Commercial District, that comply with the following regulations;

a.

A sign permit shall be required prior to installing a temporary sign.

b.

Two temporary signs shall be allowed per business, if attached to the building structure and which do not project beyond the surface of that portion of the building greater than 12 inches. The maximum area allowed shall be eighteen (18) square feet per sign area.

c.

One flag or balloon may be directly attached to each parking lot light pole, if located within the Highway Commercial District and zoned "C-2" or "C-3". Balloons shall not exceed a height of thirty (30) feet, unless said balloon is setback from the closest property line a distance of one-hundred ten (110) percent of the height of the balloon.

d.

Additional on-premise temporary signs shall be allowed, subject to the following requirements;

(i)

A minimum of one temporary sign shall be allowed per business or one additional temporary sign for every fifty (50) feet of street frontage with a maximum of four (4) signs per business, and

(ii)

The maximum area allowed shall be eighteen (18) square feet per sign area, and

(iii)

Temporary signs shall not be placed any closer than twelve (12) feet from the curb or edge of the street, or on private property, and

(iv)

No temporary sign shall be placed in a required parking space or obstruct vehicular or pedestrian traffic, and

(v)

The sign permit will be valid for one year, with an annual renewal, and

(vi)

The sign(s) shall be displayed only during the hours the premises or business is open to the general public. Such sign shall be removed by the end of business each day. It shall be the responsibility of the sign and/or business owner to ensure removal of the sign at the end of each business day, and

(vii)

The Building Official shall cause to be removed any sign that is damaged, abandoned, dangerous, faded or materially defective, or a sign for which no permit has been issued, and

(viii)

A sticker issued by the City of Muskogee must be attached to the sign for the duration of display. For enforcement purposes, the sticker shall be prominently displayed on each sign so as to be viewable from the street, and

(ix)

City staff shall be authorized to immediately remove or cause the removal of any sign found to be in violation of the requirements of this ordinance.

e.

One sandwich board sign shall be permitted within the public right-of-way in the "CBD" (Central Business District) zoning district subject to the following requirements:

(i)

Sandwich board sign, also known as A-frame sign shall be defined as a temporary sign composed of two (2) sign faces mounted or attached on one side so as to form a basically triangular vertical cross section through the faces allowing the sign to stand in an upright position, and

(ii)

The sign area is limited to eight (8) square feet per side, and the sign height is limited to a maximum height of four (4) feet, and

(iii)

Sign may be placed on the public right-of-way adjacent to the commercial or business activity advertised on the sign, and

(iv)

Sign shall not be placed in such a manner as to obstruct or otherwise interfere with pedestrian traffic, or official traffic signs, signals, or devices, and

(v)

The sign permit will be valid for one year, with an annual renewal, and

(vi)

The sign shall be displayed only during the hours the premises or business is open to the general public. Such sign shall be removed by the end of business each day. It shall be the responsibility of the sign owner to ensure removal of the sign at the end of each business day, and

(vii)

No sign shall be placed in median strips, planter/traffic islands, or in the roadway. No sign shall block a sidewalk, and shall not encroach into any portion of a required handicapped ramp. No sign shall be located closer than two (2) feet from the face of curb to the nearest edge leaving a minimum width of five (5) feet of unencumbered access way for pedestrian use, and

(viii)

The sign shall include the name of the company of business. Any sign which does not have the name of the company or business is prohibited, and

(ix)

Parties placing such sign within public right-of-way shall obtain a sign permit, and as a condition of obtaining said permit, the applicant must provide the city with proof of continuous liability insurance during the life of the sign, relative to damage or injuries resulting from placement of the sign. Said insurance shall be sufficient in amount to a level established by the city. For enforcement purposes, a sticker issued by the City of Muskogee shall be prominently displayed on the sign so as to be viewable from the street, and

(x)

City staff shall be authorized to immediately remove any sign found to be in violation of the requirements of this ordinance.

B.

There shall be no limit on the number of non-projecting wall signs.

C.

A ground sign shall not exceed thirty (30) feet in height.

D.

On-premises wall signs, ground signs and roof signs shall be allowed. The aggregate display surface area of all signs shall not be greater than two (2) square feet of display surface area per each lineal foot of street frontage.

E.

Ground signs are allowed as follows:

1.

Ground signs are allowed for non-shopping center, individual businesses.

a.

The maximum area allowed shall be 150 square feet per sign area.

b.

One sign shall be permitted per tract ownership, except when there is a single ownership fronting on two streets of intersecting public streets, not to include alleyways, or driveways; one additional sign shall be permitted with at least 300 feet minimum separation between signs.

2.

Ground signs are allowed for shopping center locations where there are freestanding buildings either as individually owned properties or leased sites.

a.

The maximum area allowed shall be one hundred fifty (150) square feet per sign area.

3.

Ground signs are allowed for shopping centers where there are multiple tenant buildings or occupancies.

a.

Maximum area allowed shall be 300 square feet per sign area where tenant signs are located on one ground sign.

b.

One additional ground sign shall be permitted when there is a single ownership on a contiguous lot with frontage in excess of six hundred (600) feet, with at least three-hundred (300) feet minimum separation between signs. Maximum area allowed for additional sign permitted under this section shall be one hundred fifty (150) square feet per sign area.

F.

Off-premises and noncommercial signs shall be only be allowed in C-3, I-1, I-2, and P districts if they meet the following requirements on area, height, manner and location:

1.

Location requirements.

a.

The sign will be allowed in "C-3" districts and above in the Highway Commercial District;

b.

The signs shall be oriented to be primarily visible from those streets designated in the Highway Commercial District;

c.

The signs shall be located no closer than 600 feet to any other off-premises or noncommercial sign on the same side of the road and shall be permitted only on lots having a street frontage of 100 feet or more;

d.

The sign cannot be located within 100 feet of a line drawn perpendicular to the right-of-way from another such sign on the opposite side of the roadway;

e.

The signs shall not be located within 150 feet of a public park; and

f.

The signs shall not be located within 150 feet of a residential district unless such residential district is on a state or federal highway.

2.

The sign shall not be located, constructed, or extended closer to the street right-of-way line than 25 feet or the required setback for structures under the Major Street Plan (Section 66-42) with no exceptions;

3.

Height requirements.

a.

No sign shall exceed 50 feet in height, except a sign can be a maximum of 60 feet in height when it abuts a freeway which is elevated ten feet or more above grade; and

b.

Height measurements shall be made from the grade level at the base of the sign structure support nearest the street, straight upward to the highest point of the sign facing, excluding embellishments and extensions;

4.

Area. No sign shall contain more than two sides, nor shall the total display surface area for each side exceed 675 square feet. The two sides shall face in opposite directions. The term "opposite" shall, in addition to its ordinary meaning, include V-shaped signs when not more than 15 feet separates the open side of the display surface;

5.

Manner of signs.

a.

Signs which display either constantly or in sequence, by electronically or electrically controlled changes in the same lamp bank, shall be permitted provided the copy display shall remain constant for at least two-second intervals between changes;

b.

No sign shall display lights resembling the flashing lights customarily used in traffic signals or in police, fire, ambulance, or rescue vehicles; nor shall any signs use the words, slogans, dimensional shape and size, or colors of the governmental traffic signs;

c.

No such sign shall contain visible moving parts on the cutout or extension portion of the sign; and

d.

Cutouts or extensions shall be permitted in addition to the display surface area permitted herein, so long as the cutouts or extensions do not exceed 15 percent of the display surface area.

G.

Digital standards for signs.

1.

Purpose and intent. More businesses desire to utilize advancements in technology which permit signs to change copy electronically (for example, utilizing pixel imagery), including but not limited to LED, electronics, digital, video, or like image technology signs. These newer technologies pose additional risks of impacting adjacent areas and adversely dominating the environment in which they operate unless regulated in a reasonable fashion. The intent of this section is to establish operating standards and regulations for signs which utilize these newer technologies in order to minimize the secondary effects that often accompany the unregulated display of digital signs, preserve the character, protect property values, and reduce traffic hazards caused by undue distractions.

2.

Definition. For the purpose of this section the word "digital" shall mean and include any pixel-based or like technology used to display and/or change the image and/or copy on a sign by electronic, digital, LED, video, or similar technological means.

3.

Location.

a.

Digital signs shall be allowed only in C-2, C-3, I-1, I-2, and P Districts, or lots that abut the Highway Commercial District.

b.

Digital signs shall only be allowed within the CBD and C-1 Districts upon approval from the board of adjustment.

c.

Digital signs located on or attached to a parked vehicle shall comply with all of the regulations within Section 90-16-07.G. (Digital Standards for Signs).

d.

Digital signs located on or attached to vehicles or trailers, while in motion shall only be required to comply with section 90-16-07.G.(4), Display.

e.

Digital signs for churches and schools that are not located within a Commercial District, Industrial District or the Highway Commercial District will be allowed with the following conditions.

(i)

Digital signs shall comply with section 90-16-07.G.(4), Display;

(ii)

Signs shall not be displayed between the hours of 10:00 p.m. and 6:00 a.m.;

(iii)

The maximum area allowed shall be 54 square feet per sign area; and

(iv)

Digital signs shall comply with all other relevant regulations and ordinances adopted by the City of Muskogee.

4.

Display.

a.

A digital sign shall not allow any single display, advertisement, or message to change more frequently than once every six seconds, with a transition period (between each display) of one second or less.

b.

The maximum brightness levels for a digital sign shall not exceed 40 footcandles as measured at a distance of eight feet from the base of the sign, between sunset and sunrise. Certification must be provided to the City of Muskogee demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower.

c.

Digital sign illumination measurement criteria.

(i)

All measurements shall be taken from a distance of eight feet from the base of the sign.

(ii)

All digital signs shall be equipped with a sensor or other device that automatically adjusts the sign to comply with the 40 foot candle measurements. Certification must be provided to the city demonstrating that the sign has been preset to automatically adjust the brightness to these levels or lower. Re-inspection and recalibration may be periodically required by the city at its reasonable discretion, at the owner's expense, to ensure that the specified brightness levels are maintained at all time.

(iii)

Existing digital signs may use a timer, photocell or other means to adjust the brightness to comply with section 90-16-07.G.(4)c.(ii). Timers shall be set to lower the brightness from 30 minutes before sunset to 30 minutes after sunrise throughout the year. If the sign owner fails to adjust the settings on the timer to comply with said time, the owner will be required to install a sensor or other devise that automatically adjusts the sign to comply with section 90-16-07.G.(4)b.

5.

Size and other requirements. The use, size, height and location of digital signs shall comply with all other relevant regulations and ordinances adopted by the City of Muskogee.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014; Ord. No. 3999-A, § 1, 4-25-2016; Ord. No. 4022-A, § 1, 6-26-2017; Ord. No. 4063-A, § 1, 1-28-2019)

The following on-premises signs only shall be allowed in the "CBD" Central Business District:

A.

One wall or projection sign per facade on every side of the building with exposed illumination will be permitted for each individual business;

B.

The outline area of each wall sign shall not exceed twenty-five (25%) percent of the wall area of the business on which the sign is attached. No sign may exceed 150 square feet in total display surface area;

C.

No sign shall extend above the second story of any building or exceed thirty (30) feet in height, whichever is less, unless it is an integral part of the building;

D.

Except for clocks and dial temperature signs, all signs shall be stationary. Portable signs shall be prohibited;

E.

A sign which has been designated as a landmark or is of historical significance may be continued in use;

F.

Signs may project up to five (5) feet into any portion of the right-of-way. Signs which overhang a sidewalk shall be a minimum of eight (8) feet above said sidewalk;

G.

No sign may illuminate or cause to be illuminated any portion of this property designated as residential usage; and

H.

All signs are subject to the requirements of existing building codes. Any such requirement which is more restrictive shall prevail.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Purpose. It is the intent of the city to permit and encourage original art mural exhibits on a content-neutral basis within certain terms and conditions. Original art mural exhibits comprise a unique medium of expression which serves the public interest. Original art mural exhibits have purposes distinct from signs and confer different benefits. Such purposes and benefits include: improved aesthetics; avenues for original artistic expression; public access to original works of art; community participation in the creation of original works of art; community building through the presence of and identification with original works of art, particularly those of cultural, historic or social significance. Murals can increase community identity and foster a sense of place and enclosure if they are located in areas visible to pedestrians or other passersby.

B.

Definition. The term "mural exhibit" means an original art mural exhibit means a hand produced original work of visual art which is tiled or painted by hand directly upon, or affixed directly to an exterior wall of a building. An original art mural does not include a "sign" as defined by and regulated by the City of Muskogee Sign Regulations.

C.

Where permitted. Mural exhibits are permitted on any commercial building that is commercially zoned within the corporate limits of the city, as well as, public owned buildings approved by the City.

D.

Permit required. All mural exhibits shall be required to obtain a Site Plan Permit describing the location of the mural.

E.

Review administrative procedure. All applicants for a mural exhibit under this section shall submit a written application for a site plan permit on a form approved by the Planning Director. The site plan shall be subject to review and approval by the City of Muskogee Planning Commission at its next regular meeting. Provided, however, said review and approval shall be limited to ensuring compliance with the following:

1.

The exhibit is not a "sign" as defined and regulated by the City of Muskogee Sign Regulations, except as permitted under subsection (f).

2.

The exhibit does not contain sexually explicit conduct or sexually explicit nudity, as defined in Section 54-253 of the Muskogee City Code;

3.

The exhibit does not contain gang affiliation symbols;

4.

The exhibit does not contain content or images which violate the criminal laws of this state; and

5.

The display is not so shocking that it is likely to create a public safety issue by impeding traffic flow.

In any instance where the Planning Commission rejects a mural exhibit site plan based on any factors herein identified, the applicant may request in writing that the matter be appealed to the City Council at its next regular meeting. Said written request shall be made within ten (10) business days of the action of the Planning Commission. The final decision of whether to grant a site plan permit shall rest with the City Council.

F.

Mural exhibits as signs. All mural exhibits containing an advertising message, announcement/declaration, insignia, surface or space erected or maintained in view of the observer thereof for identification, advertisement or promotion of the interests of any person, entity, product, or service, shall be considered a sign as defined by the Sign Regulations of this Article; provided, however, there shall be allowed an incorporate image or attached plaque identifying the artist and/or financial sponsor(s) of the mural which measures the greater of either 5% of the total square area of the mural or the maximum display surface area allowed for a wall sign in the zoning district where the mural is created.

G.

Condition of Mural Exhibits. The Planning Department shall be charged with authority to order the painting, repair, alteration or removal of Mural Exhibits which become dilapidated or are abandoned. A Mural Exhibit shall be deemed to be dilapidated when 25% or more of the display surface area contains peeling or flaking paint, or is otherwise not preserved in the manner in which it was originally created.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A nonconforming sign lawfully existing at the time of the passage of this article may not be continued and maintained by reasonable repairs if:

A.

The sign is deemed unsafe;

B.

The sign is located in the sight triangle and obstructs the view of motorists as determined by the Director of Public Works;

C.

The sign is in 50 percent disrepair;

D.

The sign cannot be maintained in conformance with the building, electrical and fire codes;

E.

The sign is in a required parking space or is located in the public right-of-way;

F.

The sign is deemed abandoned;

G.

The sign is an off-premises or noncommercial sign outside the highway commercial district unless otherwise provided.

The off-premises or noncommercial mentioned in this section shall be removed immediately.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

All provisions of this article shall be enforced and administered by the Building Official.

B.

The duties and powers of the Building Official shall be:

1.

To receive all applications for building permits for the erection of signs;

2.

To ensure, prior to issuance of any building permit and certificate of occupancy required by building or city codes, that the erection and completion of the proposed sign and structure conforms in all respects to the provisions of these Zoning Regulations and other applicable regulations; and

3.

To require any information necessary to determine the conformity of the application with the regulations of this article and building codes. This information may include:

a.

Area of the sign;

b.

Size, character, general layout and designs proposed for painted displays;

c.

The method and type of illumination, if any;

d.

The location proposed for such signs in relation to property lines, zoning district boundaries, right-of-way lines, and existing signs;

e.

Location of other signs within 600 feet on the same side of the roadway or opposite side of the roadway if necessary;

f.

Payment of fee to obtain building permit; and

g.

Approval of landowner.

4.

To order the painting, repair, alteration or removal of signs which become dilapidated or are abandoned, or which constitute a physical hazard to the public.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)

A.

Any person who violates any provision of this article or fails to comply with any requirements hereof, shall upon conviction, be subject to a fine as established in the municipal code of ordinances, or as established by the judge of the municipal court. each day that such violation exists shall constitute a separate offense.

(Ord. No. 3948-A, § 1(Att.), 9-22-2014)