The purposes of these sign regulations are to encourage the effective use of signs as a means of communication in the city, to maintain and enhance the aesthetic environment and the City of New Iberia's ability to attract sources of economic development and growth, to preserve the integrity of the historic districts, to improve pedestrian and traffic safety, to minimize the possible adverse effect of signs on nearby public and private property, and to enable the fair and consistent enforcement of these sign restrictions.

(Ord. No. 500-96, § 1, 4-16-96)

Advertising sign: Any sign or structure or any part thereof, which directs attention to a business, commodity, service activity, or entertainment not necessarily conducted, sold, or offered upon the premises where such sign is located.

Applicant: For the purpose of this article, "Applicant" shall be an individual or licensed sign contractor in the City of New Iberia.

Awning: A cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building when not in use.

Awning sign: A sign that is painted on or attached to an awning or otherwise incorporated into the fabric of an awning.

Banner: A strip of cloth, canvas, or other flexible material on which a sign is painted and may be suspended between two structures or hung on the face of a single structure or pole.

Billboard or outdoor advertising: See "off-site sign."

Billboards, jumbo: Any off-site outdoor advertising sign with a total square footage per side (maximum two sides) in excess of 350 square feet, inclusive of embellishments. No jumbo billboard shall exceed a maximum area of 800 square feet per side, inclusive of embellishments.

Billboards, major: Any off-site outdoor advertising sign with a total square footage per side (maximum two sides) in excess of 150 square feet, but less than or equal to 350 square feet, inclusive of embellishments.

Billboards, minor: Any off-site outdoor advertising sign exceeding 25 square feet consisting of not more than two faces per side with a total square footage per side (maximum two sides) of 150 square feet. Embellishments are prohibited.

Boxing: Wood or other trim that is used to cover a sign's structural support.

Building inspector: The person responsible for the administration of this sign code.

Business center: Any building or area of land under the same ownership with two or more businesses.

Business sign: Any 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.

Changeable electronic variable message sign (CEVMS): A sign that is capable of changing the visible display of words, numbers, symbols, graphics and/or position or format of word messages or other displays when such changes are actuated by any type of remote control or automatic mechanism rather than manually. Changing signs shall include mechanically operated devices which change the message through rotation of any type of panel and signs which are illuminated partially or entirely by a matrix of electric lamps, movable discs, movable panels, light apertures, the use of light emitting diodes, back lighting, or any other light source that is electronically changed. Any changing sign that includes both mechanical and electronic elements shall be regulated as an electronically changed sign

Construction sign: A temporary sign identifying an architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.

Copy: The wording of a sign surface in either permanent or removable letter form.

Copy area: The actual area of individually applied lettering on walls or awnings, which shall be the area computed by drawing straight lines to enclose the extremities of the letters or numbers.

Directional sign: A sign which warns or directs the viewer of action to be taken on private property such as, but not limited to, "no trespassing", "beware of dog", "enter" or "exit" signs.

Display: Attractions (such as graphic exterior paint treatments, searchlights, flags, murals, balloons, statues, sculptures, fountains, or other features) which do not clearly fall within the definition of a sign, but which for commercial or noncommercial purposes direct attention to an institution, organization, or business.

Externally lit sign: A sign structure that is illuminated with outside fixtures (i.e. floodlights or externally mounted florescent or neon lighting).

Face, surface area: The surface area of a sign is the sign face which shall be defined as the entire area within a single continuous perimeter by drawing straight lines to enclose the extreme limits of the actual sign surface including all embellishments. It does however, not include any structural elements outside the limits of such sign 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.

Festoon: A string of ribbons, tinsel, small flags, pinwheels, or like material.

Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, restaurant, franchise, or other entity.

Flashing sign: Any sign on which the illumination is intermittent or not maintained in intensity and/or color.

Freestanding sign: See "pole/ground sign." For the purpose of this ordinance, all ground, pole and pylon signs are considered freestanding.

Frontage: A linear distance used in determining the allowable size and location of signs.

General information sign: A sign that identifies public facilities and services or gives information to travelers (i.e. hospitals and airports).

Ground sign: A sign which is freestanding and is supported by one or more uprights, poles, braces, or columns in or upon the ground and not attached to any building and has nominal clearance to grade.

Grade: The grade is considered to be the curb or sidewalk height, or if no curb, the crown of the street in front of the property.

Historic district: An area designated by ordinance that contains unique visual or historic characteristics or whose natural beauty requires special sign regulations to ensure that signs displayed within the area are compatible.

Height of a sign: The height of a sign shall be measured from grade to the highest point on the sign or supporting frame.

Identification sign: A sign that identifies the name of the building, owner and/or street address, rather than a business within that building. It may also indicate its activities and services and/or the date of establishment as in a memorial tablet, but sets forth no other advertisement.

Illegal sign: A sign unlawfully erected either before or after the effective date of the ordinance codified in this chapter. See also "nonconforming sign."

Illuminated, sign: A sign in which a source of light is used in order to make the message readable. This definition includes internally and externally lighted signs.

Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," "scenic by-way," "historic district or site," and other similar directives. No sign with a commercial message shall be considered incidental.

Individual business: An establishment located on either a separate site or within a multitenant building.

Internally lit sign: A sign that is illuminated from within the structure.

Landmark marker: Any sign or plaque indicating the name of a building and date and incidental information about its construction, which is cut into a masonry surface or made of bronze or other permanent material.

Licensed sign contractor: A person or business duly licensed under all the applicable laws of the State of Louisiana and City of New Iberia to construct, paint, and/or install signs within the city limits.

Lineal foot frontage: The lineal foot frontage of a building or site is the linear distance which equals the horizontal length of any side of a building or site which face is parallel to the street containing the municipal address.

Line of travel: A line of travel is the travel path on a city street and may be around a corner as well as in a straight line. The distance for a line of travel shall be measured at the centerline of the street.

Marquee: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Marquee sign: Any sign attached to, in any manner, or made a part of a marquee.

Murals: A drawing or picture painted on a wall which contains no printed words and which depicts no logo or other business symbol.

Nameplate sign: Any sign which states the name and/or address of the profession or business.

Nonconforming sign: A sign lawfully erected before the effective date of the ordinance codified in this chapter which does not fully comply with provisions of this chapter.

Off-site sign: A sign advertising an establishment, merchandise, service or entertainment which is not sold, produced, manufactured, or furnished at the site on which the sign is located (i.e. billboards or outdoor advertising).

On-Site sign: A sign which carries advertisements incidental to a lawful use of the premise on which it is located, including signs or sign devices indicating the business transacted, services rendered, goods sold or produced on the premise, name of the person, firm or corporation occupying the premise or site.

Painted wall sign: A sign painted directly on the exterior wall of a building or structure.

Pennant: A flag or banner which tapers to a point.

Pole or pylon sign: A detached sign erected and maintained on a freestanding mast or pole and not attached to any building with a minimum height to grade of eight feet from the sign's lowest extremity. This does not include a "ground sign."

Portable sign: Any sign not permanently anchored or secured to either a building or the ground such as but not limited to signs on wheels or signs capable of being moved from place to place excluding "sidewalk signs." Also included are signs mounted or painted on vehicles (parked and visible from the public right-of-way) unless such is utilized in normal day-to-day operations of that business.

Projecting sign: Any sign attached to the wall of a building excluding wall signs and awnings and extending out more than 15 inches shall be deemed a projecting sign.

Public service sign: A sign which announces public activities or charitable events to take place, or gives information of value to all citizens.

Reader board: A sign on which different messages can be displayed by use of removable letters.

Real estate sign: Any sign pertaining to the sale, lease, or rental of land or buildings located on the parcel of land or building which is being offered.

Reverse channel letters: Any sign with individually illuminated letters. These shall be light color and may be installed individually or on a background. If used, background shall be black or other dark color.

Roof sign: Any sign erected upon, against, or directly above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave which exceeds the highest point of a roof or parapet wall.

Sidewalk sign: Any sign not permanently anchored or secured to either a building or the ground such as but not limited to "A" frame signs otherwise known as menu and sandwich boards. These signs shall be no more than ten square feet in area including border and trim, but excluding base, supports, and other parts of the sign structure. These signs shall be placed within three feet of the edge of the sidewalk curb, but in no event shall they be located so as to stop or substantially impede pedestrian traffic. All sidewalk signs are temporary by nature and will not be considered part of the total combined sign area for a building and/or site.

Sign: Any object, device, display or structure, or any part thereof situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illuminated or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organizations; merchandise, 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.

Sight triangle: A 30-foot by 30-foot triangular section which shall be kept clear in order to avoid conflicting with the line of sight for drivers at street intersections.

Site: Contiguous land under the same ownership which is not divided by any public street or alley.

Snipe sign: A sign or poster affixed to a tree, fence, utility pole, etc., including but not limited to garage/yard sale signs, auction signs, etc.

Stacking sign: The stacking of a sign is constituted by the placement of more than one face vertically per side on a structure.

Street frontage: The linear distance along a single street measured between property lines of any parcel and building which abuts that street. A building or site has street frontage on each street it abuts; ex. a building at the intersection of two streets has frontage on both streets. Each street frontage shall be considered separately for the purpose of determining sign size on a particular street.

Structure: Any material/device which supports or is capable of supporting any sign as defined in this Code.

Suspended sign: A small scale sign which hangs from rather than being firmly attached to a support structure. Typically such signs are used below a canopy-awning primarily to identify a business for pedestrian traffic in the downtown historic commercial district.

Temporary sign: A sign which is intended to advertise community or civic projects, construction projects, real estate for sale or lease, other special commercial events, political candidates or public issues to be voted upon at an official election.

Wall sign: A sign attached to or erected upon the wall of a building or structure. A wall sign shall project no further than 15 inches from the building or structure and shall not exceed the highest point of the roof, wall, or parapet structure.

Window sign: A sign applied, painted or affixed to or in the window of a building. Legal window signs shall occupy no more than 50 percent of the total window area.

Zoning district: An area designated by ordinance for which there exist regulations governing the use of buildings and premises or the height and area of buildings are uniform. Such district shall also regulate signage within a specific area.

(Ord. No. 500-96, § 1, 4-16-96; Ord. No. 2008-10, § 1, 11-18-08)

All signs hereafter erected on any lot in any district, except official traffic and street signs, shall conform to the provisions of this article, unless otherwise provided. Unless otherwise provided in this ordinance, the following regulations shall apply to signs in all districts.

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

6.302. No sign 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 position, it may interfere with or obstruct the view of traffic sign lines or traffic control devices. If located within direct line of vision of a traffic control device, no flashing or intermittent red, green or amber illumination shall be used.

6.303. Any sign affixed flat against a wall of a building and not more than 15 inches in thickness shall not be deemed a projecting sign. Projecting signs may extend not more than 48 inches beyond the building line, or over public property, in no event closer than two feet to the curbline, and shall be at least ten feet above the finished grade of the sidewalk. Wall signs shall not extend more than 15 inches over public property; however, lighting devices may extend not more than six feet over public property provided the lowest part of such device is at least 15 feet above the finished grade.

6.304. The illumination of any sign within 50 feet of and facing a residential zone lot line shall be diffused or indirect and designed to prevent direct rays of light from shining into adjoining residential districts; and 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.

6.305. Directional or informational signs of a public or quasipublic nature not exceeding six square feet in area may be permitted in any district on approval of the zoning administrator. Any illumination shall be nonflashing, uncolored and confined to the face of the sign. No advertising matter whatsoever shall be permitted on signs of this type.

6.306. Temporary signs indicating an event of public interest such as a state or local fair, local or general election, cattle or horse show, etc., may be erected on a 30-day nonrenewable permit in any zone on approval of the zoning administrator.

6.307. Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises, or endangers the public safety, the Zoning Administrator shall give written notice to the owner 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.

6.308. Any business or outdoor advertising sign legally existing prior to the adoption of this ordinance 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 ordinance. If damaged to an extent in excess of one-half of its current replacement value, it shall not be rebuilt, provided that nothing contained herein shall be construed to prevent normal maintenance and repairs, repainting or posting of such signs or structures.

6.309. Unless otherwise provided in these regulations, all signs shall be constructed and erected in accordance with the building code for the City of New Iberia.

6.310. To provide reasonable flexibility in these regulations, the Board of Zoning Adjustment may approve an application for a business sign or advertising structure which may not conform with the provisions of the district in which it is to be 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.

In residential districts no sign shall be permitted except the following:

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

6.402. A sign pertaining to the lease or sale of a building or property, provided such sign shall not exceed 12 square feet in surface area and is unilluminated.

6.403. Temporary signs, for one year, advertising a new subdivision development of five lots or more, provided such signs do not exceed 60 square feet in surface area, are no more than 15 feet nor less than two feet above ground, advertise only the development in which they are located, and are erected only at dedicated street entrances.

6.404. One unilluminated sign identifying an engineer, architect or contractor engaged in the construction of a building, provided such sign shall not exceed 12 square feet in surface area, is no more than 15 feet or less than two feet above ground and is removed within 30 days following occupancy of the building.

6.405. One identification sign not to exceed 30 square feet in area, for the following uses: church, school, hospital, library, farm, park, clinic or similar uses. Such sign shall be solely for the purpose of displaying the name of the institution and its activities or services. It may be illuminated but not flashing.

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

6.407. One nameplate 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 it may be a directory for occupants.

In the [C-1] districts, signs are permitted subject to the following regulations:

6.501. All signs permitted in the R districts [are permitted].

6.502. The total area of all business signs on a building or lot shall not exceed 150 square feet or the sum of three square feet for each lineal foot of lot frontage, whichever is the greater. No single business sign surface may exceed 300 square feet in area, nor shall two or more smaller signs be so arranged and integrated as to create a surface area in excess of 300 square feet.

6.503. Advertising sign structures shall be limited to not more than one structure for a lot of 100-foot frontage or less, and to one additional structure for each 100 feet of additional lot frontage. Such structure may contain not more than two signs per facing nor exceed 55 feet in length, and no advertising sign may exceed 300 square feet in area. No advertising sign shall be erected within 50 feet of an adjoining residence district if designed to face into such district.

6.504. Coordinated shopping centers. Each coordinated shopping center may have one incidental or freestanding identification sign for each street frontage, set back at least 20 feet from the front property line and announcing only the name of the shopping center and the hours of business.

6.505 Prohibited, "Changeable electronic variable message signs" (CEVMS) are hereby prohibited in the National Register Residential Historic District (East Main Street); the Downtown Commercial Historic District; as well as zoning districts C-1; C-2; R-1; R-2; R-3; R-4; R-5 and R-6.

(Ord. No. 2008-10, § 2, 11-18-08)

In the C-2, C-3, and C-4 districts, signs are permitted with the following regulations:

6.601. All signs permitted in the R and C-1 districts [are permitted].

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

6.603. Advertising sign structures shall be limited to no more than two structures, perpendicular to the street and in line, for a lot of 50-foot frontage or less, and to one additional structure for each 50 feet of additional lot frontage. Such structure may contain not more than two signs per facing nor exceed a 55-foot length. No advertising sign may be erected within 50 feet of an adjoining residence district if designed to face into such district.

6.604. Coordinated shopping center. Each coordinated shopping center may have one incidental or freestanding identification sign for each street frontage, set back at least 20 feet from the front property line and announcing only the name of the shopping center and the hours of business.

6.605 Prohibited. "Changeable electronic variable message signs" (CEVMS) are hereby prohibited in the National Register Residential Historic District (East Main Street); the Downtown Commercial Historic District; as well as zoning districts C-1; C-2; R-1; R-2; R-3; R-4; R-5 and R-6.

(Ord. No. 2008-10, § 2, 11-18-08)

In the I-1 and I-2 districts, signs are permitted subject to the following regulations:

6.701. All signs permitted in the R district [are permitted].

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

6.703. Advertising sign structures shall be permitted subject to the general restrictions section of this article.

The following regulations shall apply to billboards in all districts unless otherwise provided for elsewhere in this appendix:

6.801. Intent. The purpose of this section of this ordinance is to promote the reasonable, orderly and effective display of outdoor billboard signs within the city limits of New Iberia.

6.802. Definitions. See section 6.2.

6.803. No billboard shall be erected so as to prevent free ingress or egress from any door, window, or fire escape; and no billboard of any kind shall be attached to a standpipe or fire escape.

6.804. A sight triangle shall be maintained on a corner lot in any district, located on private and/or public streets, and/or at the intersection of a street and commercial driveway. No automobile, trailer, sign, moveable object, fence, wall, hedge, or other structure shall be erected, placed or maintained within the triangular area formed by the intersecting projections of the right-of-way lines (for public streets) or the edge of the pavement (for private streets or drives) at points which are 30 feet distant from the point of intersection, measured along said right-of-way lines or edge of pavement. Excluded from this restriction are:

(1)

Utility poles, guy wires and fire hydrants;

(2)

Traffic and/or street signs where necessary;

(3)

Trees situated in the said triangular area as of the effective date of this ordinance; and

(4)

Plantings or grass which are less than 12 inches in height from grade.

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

6.806. Whenever a billboard becomes structurally unsafe in accordance to the requirements of the Standard Building Code or endangers the safety of a building or premises, or endangers the public safety, the zoning administrator shall give written notice to the owner 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.

6.807. All billboards shall be constructed and erected in accordance with the building code of the City of New Iberia, unless in conflict to any provision of this ordinance in which case this ordinance shall take precedence.

6.808. All business and advertising billboards must be attached to or located on private property.

6.809. No revolving and/or flashing device or billboards of any kind or color may be used if such device or sign may be mistaken for that of a police car, ambulance, or other emergency vehicle.

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

6.811. No billboard shall be positioned so as to allow any portion of same to infringe upon any easement or the vertical plane of such easement.

6.812. No billboard shall incorporate banners, posters, pennants, ribbons, streamers, festoons, strings of light bulbs, spinners, or similarly fixed or moving devices.

6.813. Billboards prohibited in all zoning districts. The following billboards specifically shall not be permitted, erected or retained in any district:

(1)

Non-conforming billboards, except as specifically allowed under other provisions of this ordinance.

(2)

Billboards which incorporate moving or revolving lights.

(3)

Billboards which make use of words such as "stop," "look," "danger," or any other words, phrases, symbols or characters in such a manner as to interfere with, mislead or confuse traffic.

(4)

Any billboard or other advertising structure containing any obscene, indecent or immoral matter.

(5)

Any billboard which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing, or detracting from the visibility of any traffic sign or control device on public streets and road[s].

(6)

Any billboard or billboard structure which:

a.

Is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment;

b.

Is capable of causing electrical shock to persons likely to come in contact with it; or

c.

Is vacant, including billboards in which one or both sides have been blank for six months. Structures not meeting construction standards, and billboards or structures which have been erected without a permit having been issued are hereby declared illegal.

6.814. Minimum distance between billboards. The minimum distance between billboards shall be as defined below, however no billboard shall be erected which shall cause any other previously existing billboard to become nonconforming:

(1)

No jumbo billboard shall be located closer than 1,200 feet from any other billboard measured along the line of travel in all directions.

(2)

No major billboard shall be located closer than 750 feet from any other billboard measured along the line of travel in all directions.

(3)

No minor billboard shall be located closer than 500 feet from any other billboard, measured along line of travel in all directions.

6.815. Distance from residential areas. No jumbo and/or major and/or minor billboard or any portion thereof may be located less than 200 feet horizontally from the zoning line of any residentially zoned property.

6.816. Height restrictions.

(1)

Except as otherwise specified in this ordinance, no portion of a jumbo billboard shall be higher than 60 feet, including embellishments, nor lower than 30 feet from existing grade at site.

(2)

Except as otherwise specified in this ordinance, no portion of a major billboard shall be higher than 40 feet including embellishments, nor lower than ten feet from existing grade at site.

(3)

Except as otherwise specified in this ordinance, no portion of a minor billboard shall be higher than 25 feet, including embellishments, nor lower than seven feet from existing grade at site.

6.817. Setback from utility lines. Any billboard shall be located such that the minimum distance from any and all electrical utility lines or other facilities comply with all appropriate and applicable codes and regulations, including those latest editions of the National Electrical Safety Code, and meets at least the minimum requirements. The foregoing are intended to be minimum requirements and additional clearance may be required on a case-by-case basis. In no case shall any portion of the sign extend into or over any utility easement or right of way.

6.818. Measurements. All measurements for jumbo billboards, minor billboards and/or major billboards shall be measured from the closest outermost extremity of the sign and not from the base structure unless the base structure is the outermost extremity which is closest.

6.819. Setback from property lines.

(1)

Any part of jumbo billboards and major billboards shall be setback a minimum distance of 20 feet from the front and rear property lines and shall be setback a minimum distance of ten feet from all side property lines.

(2)

Any part of minor billboards shall be setback a minimum distance of five feet from the front and rear property lines and shall be setback a minimum distance of three feet from all side property lines.

(3)

Nothing in this section shall be interpreted as lessening the distances required from residentially zoned property as mandated in the section of this ordinance entitled "distance from residential areas."

6.820. Stacking.

(1)

Stacking of minor billboards is permitted provided that it does not exceed allowable square footage and height requirements.

(2)

Stacking of all other billboards is prohibited.

(3)

Placement of an on-site sign on an off-site billboard, or any part thereof, is prohibited.

6.821. Construction on public rights-of-way, easements, and servitude. No jumbo, minor and/or major billboard shall be located or constructed over any public right-of-way, easement or servitude.

6.822. Horizontal length of billboard. No jumbo billboard, minor billboard and/or major billboard shall exceed 55 feet in length horizontally.

6.823. V-shaped billboards. No jumbo billboard, minor billboard and/or major billboard shall be constructed in a V-shape in an excess of a 60 degree interior angle.

6.824. Number of faces.

(1)

No minor billboard shall be constructed with more than two faces per side.

(2)

No jumbo billboard or major billboard shall be constructed with more than one face per side.

(3)

Tri-face and greater billboards are prohibited.

(4)

All billboard faces shall be a maximum of 30 degrees from a line drawn perpendicular to the road upon which they front.

6.825. General regulations.

(1)

All jumbo billboards, minor billboards and/or major billboards shall comply with existing general sign regulations of the Standard Building Code.

(2)

No billboard with a face in excess of 400 square feet can be constructed on any state and/or federal highway within the city limits of New Iberia.

6.826. Prohibited outdoor billboard signs.

(1)

Any billboard which contains as part of the message mirror like surfaces is prohibited.

(2)

Any billboard which emits smoke, vapor, particles or odor is prohibited.

(3)

No billboard shall be located within 200 feet of any public park, or within 200 feet of the land covered by Bayou Teche in its highest ordinary stage.

(4)

No billboard in excess of 250 square feet shall be located within 200 feet of the right of way of any state legislative designated scenic by-way.

(5)

No billboard shall be located within 200 feet of any historic district or historic site.

6.827. Billboards in residential districts. In residential districts (R-1, R-2, R-3, R-4, R-5, R-6 & open land), no billboards shall be permitted except the following and these shall be on private property:

(1)

Billboards are prohibited in these districts.

6.828. New Iberia Historic Districts. These provisions of the New Iberia Historic Districts shall supplement, supersede and take precedent over all other provisions of this code.

(1)

All billboards are prohibited in these districts.

(2)

Illegal & nonconforming billboards within New Iberia Historic Districts.

a.

All illegal billboards shall be removed within 60 days of the adoption of this ordinance.

b.

All billboards located within 200 feet of any historic district or historic site, made nonconforming by the adoption of this ordinance shall be permitted to remain until five years from April 5, 1996 at which time they shall be removed.

6.829. Billboards in C-1 and C-2 (excluding New Iberia Downtown Historic Commercial District and New Iberia National Register Historic District) are permitted subject to the following regulations.

(1)

All billboards permitted in R-1 through R-6 residential districts.

(2)

No billboards shall be erected within or extend into or over a utility easement.

(3)

Billboards are prohibited in this district except as provided under "nonconforming billboards."

6.830. Billboards in C-3 and C-4 are permitted subject to the following regulations:

(1)

All billboards permitted in the commercial districts (C-1 and C-2).

(2)

Only minor and major billboards are permitted in this section, subject to the provisions of "outdoor billboard signs."

6.831. Billboards in I-1 and I-2 industrial districts. In the I-1 and I-2 districts, billboards are permitted subject to the following regulations:

(1)

All billboards permitted in the residential and in all business classifications.

(2)

Jumbo, major and minor billboards are permitted in this section subject to the provisions of section 6.8, "outdoor billboard signs."

6.832. Permits required. Except as otherwise provided in this section, no billboard shall be painted/repainted, erected, altered, rebuilt or relocated until a permit for the sign(s) has been obtained. All billboards for which permits are required shall be erected only by property owners or licensed sign contractors pursuant to the provisions of this chapter. A separate permit shall be required for all electrical work.

(1)

Billboards not subject to permits. No permit shall be required under this chapter for the following:

a.

City approved billboards for public safety, convenience and any other billboard authorized by the city.

b.

Painting, posting or face changing of all billboards.

6.833. Permit procedures.

(1)

No person shall erect, paint/repaint, or alter any billboard within the corporate limits of the city without first securing a permit for such, except as identified in "signs not subject to permits."

(2)

Inventory.

a.

A list of the location and name of property owners including city permit numbers and dates of all existing billboards that individuals, corporations, sign companies and all others have, shall be submitted to the building inspector within 30 days of the adoption of this ordinance. Any billboard not so declared will for the purpose of this ordinance be considered illegal and subject to the provisions of "violations and enforcement."

b.

Sign companies shall provide to the building inspector annually prior to March 15 an inventory of all billboards including those newly constructed or dismantled indicating the following information: size, number of faces, means of illumination, location, date of permit, and permit number.

(3)

Applications for a billboard permit shall be obtained from the building inspection office. The application for permission to erect or maintain any billboard shall be in writing with original signature by the licensed sign contractor (if used) and the owner of the property or structure to which such sign is attached. The signers of such application shall also state and agree with the city therein that they shall indemnify, protect, and save the city harmless from all costs, loss or damage which the city may sustain by reason of the erection, maintenance, use or removal of the billboard, and that the billboard may be removed as provided in this chapter. Every application for billboard approval shall be accompanied by:

a.

The street name and street number of the building, structure, or site on which the billboard is to be erected.

b.

Names, addresses and telephone numbers of the applicant, owner of the property on which the billboard is to be erected or affixed, the owner of the billboard, and the licensed contractor erecting or affixing the billboard.

c.

A scaled site plan indicating the proposed location of the billboard, the location and size of any existing signage at the site, and colors and type of illumination, if applicable, shall be indicated on the plan.

d.

One scaled drawing on a sheet size not to exceed 8½ inches by 14 inches of the plans and specifications of the sign to be erected or affixed. Such details shall include accurate dimensions, materials, copy, letter styles, and size of the proposed sign. As many sheets as necessary to properly and fully define the submittal may be used.

e.

Color photographs of the property in question, showing all existing billboards on the property.

f.

Applications for permits for outdoor billboard signs, in addition to the aforementioned information, shall contain a drawing showing the location of any billboard(s) within a 1,000-foot radius of the proposed location of such billboard.

(4)

Upon receipt of an application, the building inspection office staff shall evaluate the request based on the information provided by the applicant and the requirements of this chapter. If the building inspection office denies or rejects an application, the applicant may appeal the decision to the New Iberia Planning Commission by request for public hearing per the planning commission policy procedures. Following the building inspection office review and approval the appropriate permits will be issued.

(5)

Upon completion of the work and a call for inspection, a building official of the city shall then examine the work for proper completion.

(6)

A billboard permit shall expire if installation/alterations are not completed within 90 days. This period may be extended by building inspection office staff in accordance to the then current provisions of this ordinance for another 90 days at no additional charge provided the applicant applies for the extension in writing at least two weeks before the end of the initial 90 days.

6.834. Nonconforming billboards.

(1)

Any billboard legally existing prior to the adoption of this ordinance and which does not conform to these provisions shall be declared nonconforming, but permitted to remain in accordance to all the requirements of this section providing such billboards shall not be altered or changed in overall dimensions and/or in any other way, except to conform to the provisions of this ordinance. If damaged or destroyed by fire, storm, or other acts of God or the public enemy, the sign may be replaced and/or repaired without requiring additional permits provided there is no increase in square footage or number of faces from that which existed immediately prior to the occurrence of the damage. If the billboard is not replaced and/or repaired within six months after the occurrence of the damage this provision does not apply, provided that nothing contained herein shall be construed to prevent normal maintenance and repairs, repainting, or posting of such billboards or structures.

(2)

All unpermitted billboards erected prior to the adoption of this ordinance shall be declared illegal and nonconforming. All such billboards shall be removed within 60 days except billboards for which a "waiver of permit" has been obtained as follows:

a.

Billboards for which the owners cannot produce a City of New Iberia permit number, and which were erected outside of any historic district within the city limits, but were erected in full compliance to all regulations of the city that existed immediately prior to the adoption of this ordinance shall be permitted to apply for a "waiver of permit" by written application.

b.

The "waiver of permit" application shall be submitted to the building inspector within 30 days of the adoption of this ordinance for this provision to apply, and shall include the following:

1.

A written request over the signature and on the stationary of the owner of the billboard.

2.

Compliance to "permit procedures."

3.

An attached fee of $25.00 per "waiver of permit" requested.

(3)

Once a nonconforming billboard is changed to a conforming billboard, no such billboard shall be permitted to revert to a nonconforming billboard.

(4)

All nonconforming billboards attached to a building that becomes and remains vacant for a continuous period of three years, or when the operations normally carried on in such building have been discontinued for a period of three years, shall be re-permitted in accordance to the provisions of this ordinance. Leasing the building, commencement of repairs, reconstruction or replacement in the event of casualty loss and remodeling operations shall interrupt such three-year vacancy period.

(5)

Because of health, safety and welfare irrespective to any other provision of this ordinance all billboards in excess of 250 square feet located within 200 feet of any state legislative designated scenic by-way made nonconforming by the adoption of this ordinance shall be permitted to remain until five years from April 5, 1996 at which time they shall be removed.

(6)

Because of health, safety and welfare irrespective to any other provision of this ordinance all billboards located within 200 feet of any historic district, or historic site made nonconforming by the adoption of this ordinance shall be permitted to remain until five years from April 5, 1996 at which time they shall be removed.

(7)

Because of health, safety and welfare irrespective to any other provision of this ordinance all billboards in excess of 250 square feet made nonconforming by the adoption of this ordinance shall be permitted to remain for a period of ten years from April 5, 1996 at which time they shall be removed.

6.835. Violation; enforcement.

(1)

Penalties.

a.

All billboards without a permit number shall be considered illegal.

b.

All illegal billboards shall be subject to a fine of $100.00 for each day of the violation and shall be subject to removal of the billboard at agent and/or sign company and/or property owner's expense.

c.

The construction/erection of three or more illegal billboards by a sign company within a period of one year shall result in the denial of any new sign permits for one year from the date of the last violation.

d.

Public Works is authorized to remove all illegal billboards at the expense of the sign company and/or property owner and/or candidate ten days after written notification to the sign company and/or property owner and/or candidate by the Building Inspector.

e.

Civil enforcement. Appropriate actions and proceedings may be taken at law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premise. These remedies shall be in addition to any other penalties described in this chapter.

6.836. Fees.

(1)

Billboard permit fees shall be set by resolution of the City of New Iberia.

(2)

Posting and face changes will not require permits and/or permit fees.

(3)

Once fees have been paid, those fees are not refundable.

(4)

All billboards are subject to an initial permit fee and an annual permit fee established by the City of New Iberia. The exception to the fee structure established by the city shall be for governmental entities and organizations with official nonprofit status and same may be waived by the City of New Iberia.

(Ord. No. 500-96, § 1, 4-16-96; Ord. No. 2008-2, §§ 1, 2, 2-26-08)

(a)

Each message displayed on any changing sign display shall remain static for at least eight seconds following the completion of its transition from the previous message. As used in this subsection "static" shall mean a display that is fixed in one position with no portion of the display being in motion or changing in color or light intensity.

(b)

When a message is changed mechanically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in three seconds or less. The transition period shall be measured as that period between any movement of any part of the display of the previous message and the time that the display of the next message is fully static.

(c)

When a message is changed electronically, the transition between a complete static display of the previous message and a complete static display of the next message shall be accomplished in two seconds or less. The transition period shall be measured as that period between the time that the previous message is static and fully illuminated and the next message is static and fully illuminated.

(d)

No changing sign may include animated, flashing, full-motion video, audio or pyrotechnics or other intermittent elements. The transition period between two fully illuminated static messages displays in an electronically changed sign shall not be considered an intermittent element so long as the purpose of the changing light intensity is to face or dissolve into the next message.

(e)

No changing sign may have any type of changing effect on the border of the sign that is not fully integrated with a static message display and which does not transition to the next static message display in the same manner as the rest of the display.

(f)

No display or other effect from any electronically changed sign shall cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. Such display or effect shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(g)

An electronically changed sign which uses the scrolling of letters, numbers or symbols onto the sign face to form words or messages shall be allowed to appear on the sign face from only one direction for each static display. Messages transitions achieved by means of the scrolling of the letters, numbers or symbols shall be completed within two seconds and shall remain static for at least ten seconds following the completion of the transition from the previous message.

(h)

All signs shall appropriately adjust display brightness as ambient light levels change so that the brightness of the display does not cause a glare or other condition that impairs the vision of the driver of any motor vehicle or which otherwise interferes with the safe operation of a motor vehicle. The failure of an electronically changed sign to appropriately adjust display brightness as ambient light levels change shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter.

(1)

Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum of 500 nits (candelas per square meters) between dusk and dawn.

(2)

Dimmer control. The sign must have an automatic dimmer control to produce a distinct illumination change as required.

(i)

No malfunction of a changing sign shall cause a glare or other condition that impair the vision of the driver of any motor vehicle. Any such condition resulting from a malfunction shall be considered an acute traffic hazard and shall be subject to the regulations contained in this chapter. The sign shall have an automatic default setting to a blank screen or standard text/image in case of malfunction.

(j)

Each property is allowed one "changeable electronic variable message sign" (CEVMS) which may have two faces on opposite sides of each other. Both shall be mounted exactly the same height and location back to back on the same structure.

(k)

Violations and penalties: Any person who shall intentionally, knowingly, recklessly, or with criminal negligence, violate any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation shall constitute a separate offense.

(l)

Nonconforming signs: All existing "changeable electronic variable message signs" (CEVMS) shall conform within six months from the date of adoption of this section.

(Ord. No. 2008-10, §§ 3—6, 11-18-08)