SIGNAGE
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Abandoned/obsolete sign" means any sign or sign structure, whether permitted or not or required to be permitted or not under this chapter, which advertises or pertains to a business, product, service, event, activity, or purpose which is no longer conducted or that has not been in use for ninety (90) days. Any sign structure that no longer displays any sign copy or wording shall be deemed to be an obsolete or abandoned sign.
"Accessory" means subordinate or incidental to and on the same lot or within a common development as the building(s) or use(s) being identified or advertised.
"Animation" means any visible mechanical movement in any sign or apparent movement achieved by electrical pulsations or by other means, such as sequential light phasing.
"Architectural projections" means any projection, excluding signs, which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, including, but not limited to, roof overhangings, wing walls, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and awnings.
"Awning" means a movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building.
"Billboard," including poster and panel types, means a nonaccessory sign or sign structure upon which advertising may be posted, painted or affixed and which is primarily designed for the rental or lease of the sign space for advertising not related to the use of the property upon which the sign is located.
"Building code" means the latest building code as amended and adopted by the city.
"Canopy" means a permanently roofed shelter covering a sidewalk, driveway or other similar area, which is supported by the building to which it is attached.
"Code enforcement official" means the city manager is the person charged with the administration and enforcement of this chapter and he may designate certain persons as code enforcement officials to carry out such duties.
"Copy" means the wording and/or logo on a sign surface.
"Days" means consecutive working days exclusive of Saturdays, Sundays and recognized city legal holidays.
"Designated mile" means that distance along the centerline of a street measured between the centerlines of two section lines intersecting such street.
"Directory signs" means signs used to guide pedestrians and drivers to individual businesses within a multiple-tenant office development, or in any district developed for office uses without retail trade. Directory signs conforming to the requirements hereof shall not be deemed to be ground or wall signs.
"Display face." See Sign side.
"Electric code" means the electrical code adopted by the city.
"Electric sign" means any sign continuing electrical wiring, but not including signs illuminated solely by exterior light sources, such as floodlights.
"Fence sign" means signs displayed on any structure used as a fence.
"Flare" means any torch, fuse, wick or other illuminating device utilizing open flames to attract attention to an establishment.
"Frontage, building," means the horizontal, lineal dimension of that side of a building which abuts a street, a parking area, mall or other circulation area open to the general public and having either a main window display of the enterprise or a public entrance to the building. In industrial districts, a building side with an entrance open to industrial employees shall also qualify as a building frontage. Where more than one use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.
"Frontage, street," means the lineal frontage or frontages of a lot or parcel abutting on a private or public street which provides principal access to, or visibility of, the premises.
"Height" means the vertical distance measured from the elevation of the nearest sidewalks (or, in the absence of a sidewalk within thirty-five (35) feet, from the lowest point of finished grade on the lot on which the sign is located and within thirty-five (35) feet of the sign) to the uppermost point on the sign or sign structure.
"Illumination, direct," means any sign designed to provide artificial light either through exposed lighting in front of the face or through transparent or translucent material from a light source within the sign.
"Illumination, indirect," means any sign which reflects light from a source intentionally directed upon it; for example, by means of floodlights, gooseneck reflectors or externally mounted fluorescent light fixtures.
"Kiosk" means a small structure, typically located within a pedestrian walkway or similar circulation area, and intended for use as a key, magazine or similar type of small shop, or for use as display space for posters, notices and exhibits.
"Leading edge" means that portion of the sign structure projecting the farthest from the building.
"Light source" includes neon lights, fluorescent lights, incandescent lights and any reflecting surface which, by reason of its construction and/or placement, becomes in effect the light source.
"Lot" means a portion or parcel of land, whether part of a platted subdivision or otherwise, occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of the zoning ordinance. A lot must be an integral unit of land held under unified ownership in fee or in co-tenancy or under legal control tantamount to such ownership.
"Maintenance" means the replacing, repairing or repainting of a sign structure made necessary by ordinary wear and tear, weather or accident. All such work shall be performed so as to conform with all applicable Code provisions.
"Marquee" means a permanently roofed structure attached to and supported by a building and projecting from the building.
"Menu board sign" means a sign which is designed and utilized for the purpose of disclosing the availability and cost of products sold on the premises on which it is situated, which products are delivered directly to the stall or place where the menu board is installed or which are delivered at some point in a lane of travel in which the menu board sign is part.
"Message sign" means the wording or copy, including logo, on a sign.
"Multiple-unit sign" means a single business utilizing a single sign structure using more than one separate component to convey its advertising message.
"Nonaccessory sign" means a sign or advertising device which directs attention to an activity, service, products sold or offered elsewhere than on the premises on which the sign is located.
"Owner" means that person who owns a sign and who either owns the property on which the sign is located or is the owner of the business being conducted on the premises to which the sign pertains.
"Political sign" means all signs concerning the candidacy of an individual or individuals for public office or concerning support or opposition to any public issue.
"Property line" means the line marking the boundary between any street and the lots or property abutting thereon as determined by the legal description of the property and the records of the county clerk. Property lines abutting section line roads shall not be considered to be nearer than fifty (50) feet from the centerline of the section line.
"Public entrance" means an entrance to a building or premises which is customarily used or intended for use by the general public. Fire exits, special employee entrances, loading dock entrances not generally used by the public, and the like shall not be considered as public entrances.
"Roof" means the cover of any building, including the eaves and similar projections.
"Roof line" means the highest point on any building where an exterior wall encloses usable floor space, including floor area for housing mechanical equipment. The term "roof line" shall also include the highest point on any parapet wall, providing said parapet wall extends around the entire perimeter of the building.
"Setback line" means a line or lines designating the yard requirements established for the particular zoning district classification of a tract, parcel or lot.
"Shopping center" means a concentration of five or more primarily retail stores and service establishments under one ownership or management, including, but not limited to, retail shops, department stores, restaurants, and other related or similar business establishments. The term "shopping center" also includes shopping malls.
"Sight triangle" means the same as defined by the zoning ordinance of the city.
"Sign" means any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), form, emblem or trademark, flag, stripe, color, banner or any other figure of similar character which:
1.
Is a structure or any part thereof (including the roof or wall of a building); or
2.
Is written, printed, projected, painted, constructed or otherwise placed or displayed upon or designed for or upon any building, board, plate, canopy, awning, vehicle or upon any material object or device whatsoever; and
3.
Is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement by means of its form, color, wording, symbol, design, illumination, motion or striping.
Signs are classified as follows:
1.
"Bench signs, courtesy," means any bench or seat placed for the convenience of the public and containing advertising matter.
2.
"Billboard sign" means any existing sign or advertising device which advertises products, services or activities unrelated to the property upon which the sign or device is located, whether lawfully permitted or legally nonconforming.
3.
"Bulletin board sign" means a sign used for the purpose of notification to the public of an event or occurrence of public interest, such as a church service, political rally, civic meeting or other similar events.
4.
"Canopy sign" means any sign attached to or constructed in or on a canopy.
5.
"Changeable copy sign (manual)" means a sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.
6.
"Directional sign" means a sign guiding or directing vehicular or pedestrian traffic onto or off a lot or within a lot.
7.
"Grand opening sign" means any temporary sign which calls attention to a new business.
8.
"Ground signs" means a sign which is supported by one or more columns, uprights, poles or braces extended from the ground or from an object on the ground or a sign which is erected on the ground; providing, that no part of the sign is attached to any part of any building structure or other sign.
a.
A free standing pole sign for all industrial and commercial businesses shall not exceed 4 feet by 8 feet (32 square feet) unless the lot size shall exceed 2 acres. Two sided signs are permitted. For industrial and commercial businesses on 2 or more acres requesting free standing pole signs with more than 32 square feet, the maximum pole sign area shall be approved by the city manager or his designate.
b.
On all commercial and office zoned businesses, one free standing ground sign is permitted no larger than 4 feet by 8 feet (32 square feet). A two-sided sign is allowed. For business locations where there are two occupants (each having a separate business), ground signs must be located on the same pole or structure and each sign area shall not exceed 3 feet by 6 feet (18 square feet). For three or more businesses in the same location, or in a strip center, pole sign areas shall be located on the same pole or structure and restricted to a maximum of 2.5 feet by 5 feet (12.5 square feet).
9.
"Identification sign" includes the following:
a.
A sign which establishes the identity of a building or building complex by name or symbol only.
b.
A sign which indicates street address or combines name plate and street address.
c.
A sign which identifies an area in the city which, by reason of development, natural features, historical occurrences or common references, has or will become a landmark in the city.
d.
A commemorative sign, such as a cornerstone, memorial or plaque, when such is cut into a masonry surface or constructed of bronze or other incombustible material and is made an integral part of the structure.
10.
"Illuminated awning sign" means a frame structure with translucent, flexible, reinforced vinyl covering designed in awning form, but whose principal purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes.
11.
"Joint identification sign" means a sign which serves as common or collective identification for two or more commercial or industrial uses on the same lot.
12.
"Marquee sign" means a sign depicted upon, attached to or supported by a marquee.
13.
"Message center sign" means any electronic communication display device utilizing lights, diodes or similar illumination to create letters, numerals or graphic presentations, capable of one or more of such various functions or operating modes as steady, scrolling, travelling, alternating or flashing copy.
14.
"Model home sign" means any temporary sign which calls attention to a model home for sale or rent in a subdivision.
15.
"Off-premises sign" means any sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located.
16.
"Open house sign" means any temporary sign that calls attention to a home for sale or rent, which is temporarily open to the public.
17.
"Political campaign" or "special election signs."
18.
"Portable sign" means a sign so designed as to be removable from one location to another and not permanently attached to the ground or to any immobile structure, whose primary function during a specific time is to advertise products or direct people to a business or activity located on the premises.
19.
"Portable trailer sign" means a sign so designated as to be removable from one location to another and not permanently attached to the ground or to any immobile structure, whose primary function during a specific time is to advertise products or direct people to a business or activity located on the premises.
20.
"Projecting sign" means a sign attached to a building or extending in whole or in part fifteen (15) inches or more horizontally beyond the surface of the building to which the sign is attached and where the face of the sign is not in a plane parallel to the wall to which it is attached, but not including a marquee sign.
21.
"Real estate sign" means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.
22.
"Residential development entrance sign" means a sign on a fence or gateway at the entrance of a residential complex or development denoting the name and/or address of the complex or development.
23.
"Roof sign" means a sign painted on the roof of a building, supported by poles, uprights or braces extending from the roof of a building, or projecting above the roof line of a building, but not including a sign projecting from or attached to a wall as permitted by this chapter.
24.
"Suspended sign" means a sign suspended from the ceiling of an arcade, marquee, canopy or other architectural projection.
25.
"Temporary sign" means a sign, banner, pennant, balloon or similar device or display which is intended for a temporary period of display for the purpose of announcing a special event or construction. Such sign may be constructed of cloth, canvas or cardboard material, with or without a structural frame.
26.
"Time-temperature-date sign" means a sign which displays the time, outdoor temperature and/or date of the month.
27.
"Vehicle-mounted sign" means a sign displayed upon a trailer, van, truck, automobile, bus, railroad car, tractor, semitrailer or other vehicle, whether or not such vehicle is in operating condition.
28.
"Wall sign" means a sign attached flat to any wall of an enclosed building, where the exposed face of the sign is in a plane parallel to the plane of said wall and extends not more than fifteen (15) inches horizontally from the face of such wall. A sign erected upon or against the side of a roof having an angle of forty-five (45) degrees or less from the vertical shall be considered to be a wall sign and shall be regulated as such. The term also means a sign painted directly on the surface of the building.
29.
"Wind sign" means a sign consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze.
30.
"Window sign" means a sign which is painted on, applied or attached to, or located within three feet of the interior of a window, which sign can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included as part of a window sign.
31.
"Municipal Directional Sign" means a sign erected and installed by the City of Noble, as deemed necessary by the Noble City Council, which is located on public right-of-way that directs motorists and pedestrians to certain building complexes, institutions, landmarks, or other historical occurrences within the City of Noble.
"Sign, illegal nonconforming," means a sign that was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection, and that has never been erected or displayed in conformance with all such laws, including this chapter, and which shall include signs that are pasted, nailed, painted on or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other signs.
"Sign, legal nonconforming," means any sign which was lawfully erected and maintained prior to the enactment of this chapter, and any amendments thereto, and which does not conform to all the applicable regulations and restrictions of this chapter.
"Sign side" means the surface of a sign upon, against or through which the message is displayed or illustrated.
"Sign structure" means a sign, including any supports, uprights, braces or framework of a sign.
"Structure" means anything constructed or erected with a fixed location on the ground above grade, but not including poles, lines, cables or other transmission or distribution facilities of public utilities.
"Subdivision" means the same as defined in the subdivision regulations of the city, set forth in Part 12, Chapter 6 of this Code.
"Vertical surface" means that wall area of a single building elevation, which encompasses all of such elevation from ground or grade level to the top of all sides.
"Zoning ordinance" means the city zoning ordinance, together with all amendments thereto, as set forth in Part 12 of this Code.
(Ord. No. 584, § 1, 5-18-2020)
A.
The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location and maintenance of all signs within the city, including any sign erected or constructed prior to the enactment of this chapter.
B.
This chapter does not regulate in any manner noncommercial holiday signs and decorations, public informational and safety signs, or signs required by local, state or federal law.
Except as specifically provided, the following shall be exempt from the provisions of this chapter:
A.
Signs which are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way, or from any parking area, mall or other circulation area open to the general public, except that such signs shall be subject to the safety regulations of the building code and the electric code of the city.
B.
Official governmental notices and notices posted by governmental officers in the performance of their duties, governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger.
C.
The flag, pennant or insignia of any nation, organization of nations, state, county or city; any religious, civic, fraternal organization; or any educational institution. Additionally, one corporate name or logo-bearing flag not exceeding twenty-four (24) square feet in size will be permitted.
D.
Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration.
E.
Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.
F.
Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display.
G.
Signs displayed on trucks, buses, trailers or other vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, provided that they are parked or stored in areas appropriate to their use as vehicles.
H.
Directional signs located in the street right-of-way; provided such signs are approved by the building inspector or his designee.
The provisions of this chapter, in their interpretation and application, shall be held to the minimum requirements adopted for the promotion of public health, safety, morals or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any of the lawfully adopted codes or ordinances, the most restrictive or that imposing the highest standard shall govern.
It shall be a violation of this chapter for any person to perform or order the performance of any act which is contrary to the provisions of this chapter, or to fail to perform any act which is required by the provisions of this chapter. In the case of a continuing violation, each twenty-four (24) hour period in which the violation exists shall constitute a separate violation.
Any person who violates this chapter or fails to comply with any requirements hereof is guilty of an offense and upon conviction thereof shall be punished as provided in section 1-108 of this Code. In addition to all other remedies for the enforcement of this chapter and its provisions, the city may institute any proper action in a court of competent jurisdiction to prevent, enjoin, restrain, abate or otherwise to correct any violation of this chapter.
If any of the provisions of this chapter are inconsistent with the provisions of any other law or laws of the city presently existing or enacted in the future, in that the requirements regarding signs of the respective provisions differ, the provision containing the more restrictive requirements will apply.
A.
The city manager or his designee is hereby authorized and directed to enforce all provisions of this chapter. He shall appear for and on behalf of the city in all matters regarding the interpretation and application of this chapter, and shall resist and oppose any deviations from the provisions of this chapter.
B.
Upon presentation of proper credentials, the city manager or his authorized representative may enter at reasonable times the public areas of any building, structure or premises in the city to perform any duty imposed upon him by this chapter.
It shall be a violation of this chapter for any person to allow to remain or fail to remove, from property under his care, custody or control, any temporary sign after sixty (60) days.
A.
Except as provided in Section 12-923, it shall be unlawful to display, erect, relocate or alter any sign without first filing with the city manager or his designee an application in writing and obtaining a sign permit.
B.
When a sign permit has been issued by the city manager or his designee, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the city manager or his designee. A written record of such approval shall be entered upon the original permit application and maintained in the files of the city manager or his designee.
The application for a sign permit shall be made by the owner or a sign contractor licensed by the city. Such applications shall be made in writing on forms furnished by the city manager or his designee and shall be signed by the applicant.
The application for a sign permit shall be accompanied by the following plans and other information:
A.
The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.
B.
The location by street address and legal description of the site of the proposed sign structure.
C.
Complete information as required on application forms provided by the planning department, including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as is pertinent to the application.
D.
Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and material to be used.
E.
Application for an electrical permit, and required information for such application, for all electric signs if the person building the sign is to make the electrical connection.
A.
All permit fees required under this section shall be set by the City Council of the City of Noble by resolution.
B.
The fees set forth in subsection (A) of this section do not include electrical permit fees, which shall be in addition to the fees set forth in subsection (A) of this section. If any person installs or commences work on a sign for which a permit is required before obtaining the necessary permit, the permit fee shall automatically be doubled.
Each sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding fifteen (15) square inches in area, stating the name of the person responsible for its construction and erection, with installation date and permit number thereon. Electrical signs shall be marked with input amperes at full load input.
All signs shall be subject to inspections by the building inspector. Footing inspections shall be required on the day of excavation for all ground signs. The permit holder or his agent shall notify the building inspector when signs are complete and ready for final inspection.
If the city manager or his designee finds that work under any permit issued is not in accordance with the information supplied in the permit application and/or is in violation of this chapter or any other pertinent ordinance, or should he find that there has been any misrepresentation in connection with the application for the permit, he shall notify the owner or sign contractor of such findings and that the violation must be corrected. If such correction is not made, the city manager or designee shall revoke the permit and serve written notice thereof upon the owner or sign contractor. No person shall proceed with any part of such work after such notice is received.
No place of business, be it residential or commercial in nature, shall have more than one (1) accessory sign and one (1) wall sign per location unless otherwise permitted by the city manager.
All applicable provisions of this chapter shall apply, except that setback requirements shall not apply nor shall a sign permit or a sign permit fee be required for the following signs in all zoning districts:
A.
Temporary nonilluminated real estate signs, including "model home" and "open house" signs, which do not exceed six (6) square feet per side and twelve (12) square feet in total area and six (6) feet in height and limited to one (1) such sign per street frontage. Such signs shall not remain in place more than seven (7) days after the occupancy of the subject property.
B.
Signs in the nature of cornerstones, commemorative tablets and historical signs which do not exceed four (4) square feet per face in area and six (6) feet in height, and which are nonilluminated or indirectly illuminated.
C.
Private traffic directional signs guiding or directing vehicular or pedestrian traffic onto or off a lot or within a lot, when such do not exceed three (3) square feet per sign per face in area and eight (8) feet in height, do not contain any advertising or trade name identification, and are nonilluminated.
D.
Signs required or specifically authorized for a public purpose by a law, statute or ordinance may be of any type, number, area, height above grade, location or illumination authorized by the law, statute or ordinance under which such signs are required or authorized. No such sign shall be placed in the public right-of-way unless specifically authorized or required by law, statute or ordinance, and, except for warning signs or barricades of a temporary nature, such signs shall be permanently affixed to the ground, a building or other structure.
E.
Temporary nonilluminated political signs.
F.
Bulletin boards not over thirty-two (32) square feet in area for public, nonprofit, charitable or religious institutions.
G.
No permit shall be required for copy changes on signs using interchangeable letters or for maintenance where no structural changes are made.
A.
Digital signs are only allowed in areas that are classified within Part 12 of this Code as commercial or industrial.
B.
One (1) digital sign is allowed per business, and may be all or part of any allowed ground or wall sign (but not both). However, a business located on a lot which shares common facilities, such as parking or buildings, may utilize an electronic digital wall sign even when there is a digital joint ID sign on the same lot.
C.
No digital sign shall be located within fifty (50) feet of the driving surface of a signalized intersection, measured in a straight line from the leading edge of the sign structure to the nearest edge of pavement. Such sign may not be located closer than twenty (20) feet from the edge of any other street. Such signs must also comply with the setback provisions of this chapter, which may result in a greater setback.
D.
Digital signs shall only display a static message or messages. There shall be no effects of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images.
E.
Digital signs which display more than one (1) static message shall do so sequentially, with each static message having a dwell time of no less than twelve (12) seconds and a transition time between static messages of no more than one (1) second. Changes of image shall be instantaneous as seen by the human eye, and shall not use blinking, fading, rolling, shading, dissolving, or similar effects as part of the change.
F.
Digital signs shall not display an illuminative brightness exceeding three hundred (300) NITs at any time between one-half (½) hour before sunset until sunrise of the next day or five thousand (5,000) NITs between sunrise until one-half (½) hour before sunset.
G.
Digital signs shall not display an illuminative brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any cyclist or person operating a motor vehicle.
H.
Digital signs shall not resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal, or light.
I.
All digital signs shall have installed ambient light monitors or photo cells, and shall at all times allow such devices to automatically adjust the brightness level of the sign based on ambient light conditions. Each sign shall be equipped with a default mechanism that will automatically freeze the sign in one position or display a static message if a malfunction occurs.
J.
If a digital sign is visible from a nearby residential zoning district, it shall be located no closer than two hundred (200) feet from the closest point of that residential zoning district, measured in a straight line from the nearest point of the sign structure to the nearest point of the residential district.
The following signs shall not be permitted, erected or maintained in the city:
A.
Billboards or non-accessory signs of any kind.
B.
Flares.
C.
Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations.
D.
Wind signs, except for grand opening signs.
E.
Signs which incorporate projected images or emit any sound which is intended to attract attention.
F.
Any sign, together with its supporting structure, now or hereafter existing which, ninety (90) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located.
G.
Any sign which is installed or erected in or projecting into or over any public right-of-way or center median, or placed on any curb, sidewalk, utility post or pole, lamppost, bench, hydrant, bridge, wall, tree, fence or other structure or surface on public property, except as allowed by ordinance or law or as may be allowed by written agreement with the City of Noble, City Council of the City' of Noble or the city municipal authority. Persons placing signs in violation of this subsection may be subject to prosecution.
H.
Any sign which identifies a home business defined in the zoning ordinance.
I.
Signs not permanently affixed or attached to the ground or to any structure, including A-frame-type signs, except for real estate signs attached to posts driven into the ground, window signs and temporary barriers.
J.
Any sign or sign structure which:
1.
Is structurally unsafe;
2.
Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;
3.
Is not kept in good repair;
4.
Is abandoned; or
5.
Is capable of causing electrical shocks to persons likely to come in contact with it.
K.
Any sign or sign structure which:
1.
In any way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official sign;
2.
Uses words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle;
3.
Creates in any other way an unsafe distraction for motor vehicle operators; or
4.
Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.
L.
Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way.
M.
Illegal nonconforming signs.
N.
Trailer signs.
O.
Any sign which is installed or erected upon any building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicles or other property of another, without the consent of the owner or person in charge thereof. Persons placing signs in violation of this subsection (O) may be subject to prosecution.
P.
Any sign, mural, emblem, bade or flag, any of which exceeds 36 inches by 24 inches, and is placed or painted on the exterior wall, door or interior window (if visible from the outside) of a residential structure other than the approved house number sign.
(Ord. No. 588, § 1, 8-17-2020)
Any sign which is unlawfully placed in the right-of-way, or signs which are pasted, nailed, painted on or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other signs, may be removed summarily by the city manager or his designee without notice.
If the city manager or his designee shall find that any sign is erected or maintained in violation of Section 12-930, he shall give written notice which may be served personally to the owner or his agent, sign contractor or person having the beneficial use of the building or structure upon which such sign is located. If such person fails to alter or remove the sign so as to comply with Section 12-930 within forty-eight (48) hours after receipt of such notice, the city manager is authorized to cause removal or obliteration of such sign. The city may institute any property action in a Court of competent jurisdiction to prevent, enjoin, restrain, abate or otherwise to correct any violation of this chapter. The city manager or his designee may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily without notice.
SIGNAGE
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Abandoned/obsolete sign" means any sign or sign structure, whether permitted or not or required to be permitted or not under this chapter, which advertises or pertains to a business, product, service, event, activity, or purpose which is no longer conducted or that has not been in use for ninety (90) days. Any sign structure that no longer displays any sign copy or wording shall be deemed to be an obsolete or abandoned sign.
"Accessory" means subordinate or incidental to and on the same lot or within a common development as the building(s) or use(s) being identified or advertised.
"Animation" means any visible mechanical movement in any sign or apparent movement achieved by electrical pulsations or by other means, such as sequential light phasing.
"Architectural projections" means any projection, excluding signs, which is not intended for occupancy and which extends beyond the face of an exterior wall of a building, including, but not limited to, roof overhangings, wing walls, mansards, unenclosed exterior balconies, marquees, canopies, pilasters, fascias and awnings.
"Awning" means a movable shelter supported entirely from the exterior wall of a building and of a type which can be retracted, folded or collapsed against the face of the supporting building.
"Billboard," including poster and panel types, means a nonaccessory sign or sign structure upon which advertising may be posted, painted or affixed and which is primarily designed for the rental or lease of the sign space for advertising not related to the use of the property upon which the sign is located.
"Building code" means the latest building code as amended and adopted by the city.
"Canopy" means a permanently roofed shelter covering a sidewalk, driveway or other similar area, which is supported by the building to which it is attached.
"Code enforcement official" means the city manager is the person charged with the administration and enforcement of this chapter and he may designate certain persons as code enforcement officials to carry out such duties.
"Copy" means the wording and/or logo on a sign surface.
"Days" means consecutive working days exclusive of Saturdays, Sundays and recognized city legal holidays.
"Designated mile" means that distance along the centerline of a street measured between the centerlines of two section lines intersecting such street.
"Directory signs" means signs used to guide pedestrians and drivers to individual businesses within a multiple-tenant office development, or in any district developed for office uses without retail trade. Directory signs conforming to the requirements hereof shall not be deemed to be ground or wall signs.
"Display face." See Sign side.
"Electric code" means the electrical code adopted by the city.
"Electric sign" means any sign continuing electrical wiring, but not including signs illuminated solely by exterior light sources, such as floodlights.
"Fence sign" means signs displayed on any structure used as a fence.
"Flare" means any torch, fuse, wick or other illuminating device utilizing open flames to attract attention to an establishment.
"Frontage, building," means the horizontal, lineal dimension of that side of a building which abuts a street, a parking area, mall or other circulation area open to the general public and having either a main window display of the enterprise or a public entrance to the building. In industrial districts, a building side with an entrance open to industrial employees shall also qualify as a building frontage. Where more than one use occupies a building, each such use having a public entrance or main window display for its exclusive use shall be considered to have its own building frontage, which shall be the front width of the portion of the building occupied by that use.
"Frontage, street," means the lineal frontage or frontages of a lot or parcel abutting on a private or public street which provides principal access to, or visibility of, the premises.
"Height" means the vertical distance measured from the elevation of the nearest sidewalks (or, in the absence of a sidewalk within thirty-five (35) feet, from the lowest point of finished grade on the lot on which the sign is located and within thirty-five (35) feet of the sign) to the uppermost point on the sign or sign structure.
"Illumination, direct," means any sign designed to provide artificial light either through exposed lighting in front of the face or through transparent or translucent material from a light source within the sign.
"Illumination, indirect," means any sign which reflects light from a source intentionally directed upon it; for example, by means of floodlights, gooseneck reflectors or externally mounted fluorescent light fixtures.
"Kiosk" means a small structure, typically located within a pedestrian walkway or similar circulation area, and intended for use as a key, magazine or similar type of small shop, or for use as display space for posters, notices and exhibits.
"Leading edge" means that portion of the sign structure projecting the farthest from the building.
"Light source" includes neon lights, fluorescent lights, incandescent lights and any reflecting surface which, by reason of its construction and/or placement, becomes in effect the light source.
"Lot" means a portion or parcel of land, whether part of a platted subdivision or otherwise, occupied or intended to be occupied by a building or use and its accessories, together with such yards as are required under the provisions of the zoning ordinance. A lot must be an integral unit of land held under unified ownership in fee or in co-tenancy or under legal control tantamount to such ownership.
"Maintenance" means the replacing, repairing or repainting of a sign structure made necessary by ordinary wear and tear, weather or accident. All such work shall be performed so as to conform with all applicable Code provisions.
"Marquee" means a permanently roofed structure attached to and supported by a building and projecting from the building.
"Menu board sign" means a sign which is designed and utilized for the purpose of disclosing the availability and cost of products sold on the premises on which it is situated, which products are delivered directly to the stall or place where the menu board is installed or which are delivered at some point in a lane of travel in which the menu board sign is part.
"Message sign" means the wording or copy, including logo, on a sign.
"Multiple-unit sign" means a single business utilizing a single sign structure using more than one separate component to convey its advertising message.
"Nonaccessory sign" means a sign or advertising device which directs attention to an activity, service, products sold or offered elsewhere than on the premises on which the sign is located.
"Owner" means that person who owns a sign and who either owns the property on which the sign is located or is the owner of the business being conducted on the premises to which the sign pertains.
"Political sign" means all signs concerning the candidacy of an individual or individuals for public office or concerning support or opposition to any public issue.
"Property line" means the line marking the boundary between any street and the lots or property abutting thereon as determined by the legal description of the property and the records of the county clerk. Property lines abutting section line roads shall not be considered to be nearer than fifty (50) feet from the centerline of the section line.
"Public entrance" means an entrance to a building or premises which is customarily used or intended for use by the general public. Fire exits, special employee entrances, loading dock entrances not generally used by the public, and the like shall not be considered as public entrances.
"Roof" means the cover of any building, including the eaves and similar projections.
"Roof line" means the highest point on any building where an exterior wall encloses usable floor space, including floor area for housing mechanical equipment. The term "roof line" shall also include the highest point on any parapet wall, providing said parapet wall extends around the entire perimeter of the building.
"Setback line" means a line or lines designating the yard requirements established for the particular zoning district classification of a tract, parcel or lot.
"Shopping center" means a concentration of five or more primarily retail stores and service establishments under one ownership or management, including, but not limited to, retail shops, department stores, restaurants, and other related or similar business establishments. The term "shopping center" also includes shopping malls.
"Sight triangle" means the same as defined by the zoning ordinance of the city.
"Sign" means any writing, pictorial representation, decoration (including any material used to differentiate sign copy from its background), form, emblem or trademark, flag, stripe, color, banner or any other figure of similar character which:
1.
Is a structure or any part thereof (including the roof or wall of a building); or
2.
Is written, printed, projected, painted, constructed or otherwise placed or displayed upon or designed for or upon any building, board, plate, canopy, awning, vehicle or upon any material object or device whatsoever; and
3.
Is designed to attract attention to the subject thereof or is used as a means of identification, advertisement or announcement by means of its form, color, wording, symbol, design, illumination, motion or striping.
Signs are classified as follows:
1.
"Bench signs, courtesy," means any bench or seat placed for the convenience of the public and containing advertising matter.
2.
"Billboard sign" means any existing sign or advertising device which advertises products, services or activities unrelated to the property upon which the sign or device is located, whether lawfully permitted or legally nonconforming.
3.
"Bulletin board sign" means a sign used for the purpose of notification to the public of an event or occurrence of public interest, such as a church service, political rally, civic meeting or other similar events.
4.
"Canopy sign" means any sign attached to or constructed in or on a canopy.
5.
"Changeable copy sign (manual)" means a sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.
6.
"Directional sign" means a sign guiding or directing vehicular or pedestrian traffic onto or off a lot or within a lot.
7.
"Grand opening sign" means any temporary sign which calls attention to a new business.
8.
"Ground signs" means a sign which is supported by one or more columns, uprights, poles or braces extended from the ground or from an object on the ground or a sign which is erected on the ground; providing, that no part of the sign is attached to any part of any building structure or other sign.
a.
A free standing pole sign for all industrial and commercial businesses shall not exceed 4 feet by 8 feet (32 square feet) unless the lot size shall exceed 2 acres. Two sided signs are permitted. For industrial and commercial businesses on 2 or more acres requesting free standing pole signs with more than 32 square feet, the maximum pole sign area shall be approved by the city manager or his designate.
b.
On all commercial and office zoned businesses, one free standing ground sign is permitted no larger than 4 feet by 8 feet (32 square feet). A two-sided sign is allowed. For business locations where there are two occupants (each having a separate business), ground signs must be located on the same pole or structure and each sign area shall not exceed 3 feet by 6 feet (18 square feet). For three or more businesses in the same location, or in a strip center, pole sign areas shall be located on the same pole or structure and restricted to a maximum of 2.5 feet by 5 feet (12.5 square feet).
9.
"Identification sign" includes the following:
a.
A sign which establishes the identity of a building or building complex by name or symbol only.
b.
A sign which indicates street address or combines name plate and street address.
c.
A sign which identifies an area in the city which, by reason of development, natural features, historical occurrences or common references, has or will become a landmark in the city.
d.
A commemorative sign, such as a cornerstone, memorial or plaque, when such is cut into a masonry surface or constructed of bronze or other incombustible material and is made an integral part of the structure.
10.
"Illuminated awning sign" means a frame structure with translucent, flexible, reinforced vinyl covering designed in awning form, but whose principal purpose and use is signage. Such signs are internally illuminated by fluorescent or other light sources in fixtures approved under national and local electrical codes.
11.
"Joint identification sign" means a sign which serves as common or collective identification for two or more commercial or industrial uses on the same lot.
12.
"Marquee sign" means a sign depicted upon, attached to or supported by a marquee.
13.
"Message center sign" means any electronic communication display device utilizing lights, diodes or similar illumination to create letters, numerals or graphic presentations, capable of one or more of such various functions or operating modes as steady, scrolling, travelling, alternating or flashing copy.
14.
"Model home sign" means any temporary sign which calls attention to a model home for sale or rent in a subdivision.
15.
"Off-premises sign" means any sign, including a billboard or general outdoor advertising device, which advertises or directs attention to a business, commodity, service or activity conducted, sold or offered elsewhere than on the same lot or within the same building upon which such sign is located.
16.
"Open house sign" means any temporary sign that calls attention to a home for sale or rent, which is temporarily open to the public.
17.
"Political campaign" or "special election signs."
18.
"Portable sign" means a sign so designed as to be removable from one location to another and not permanently attached to the ground or to any immobile structure, whose primary function during a specific time is to advertise products or direct people to a business or activity located on the premises.
19.
"Portable trailer sign" means a sign so designated as to be removable from one location to another and not permanently attached to the ground or to any immobile structure, whose primary function during a specific time is to advertise products or direct people to a business or activity located on the premises.
20.
"Projecting sign" means a sign attached to a building or extending in whole or in part fifteen (15) inches or more horizontally beyond the surface of the building to which the sign is attached and where the face of the sign is not in a plane parallel to the wall to which it is attached, but not including a marquee sign.
21.
"Real estate sign" means a sign indicating the availability for sale, rent or lease of the specific lot, building or portion of a building upon which the sign is erected or displayed.
22.
"Residential development entrance sign" means a sign on a fence or gateway at the entrance of a residential complex or development denoting the name and/or address of the complex or development.
23.
"Roof sign" means a sign painted on the roof of a building, supported by poles, uprights or braces extending from the roof of a building, or projecting above the roof line of a building, but not including a sign projecting from or attached to a wall as permitted by this chapter.
24.
"Suspended sign" means a sign suspended from the ceiling of an arcade, marquee, canopy or other architectural projection.
25.
"Temporary sign" means a sign, banner, pennant, balloon or similar device or display which is intended for a temporary period of display for the purpose of announcing a special event or construction. Such sign may be constructed of cloth, canvas or cardboard material, with or without a structural frame.
26.
"Time-temperature-date sign" means a sign which displays the time, outdoor temperature and/or date of the month.
27.
"Vehicle-mounted sign" means a sign displayed upon a trailer, van, truck, automobile, bus, railroad car, tractor, semitrailer or other vehicle, whether or not such vehicle is in operating condition.
28.
"Wall sign" means a sign attached flat to any wall of an enclosed building, where the exposed face of the sign is in a plane parallel to the plane of said wall and extends not more than fifteen (15) inches horizontally from the face of such wall. A sign erected upon or against the side of a roof having an angle of forty-five (45) degrees or less from the vertical shall be considered to be a wall sign and shall be regulated as such. The term also means a sign painted directly on the surface of the building.
29.
"Wind sign" means a sign consisting of one or more banners, flags, pennants, ribbons, spinners, streamers or captive balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind or breeze.
30.
"Window sign" means a sign which is painted on, applied or attached to, or located within three feet of the interior of a window, which sign can be seen through the window from the exterior of the structure. Merchandise which is included in a window display shall not be included as part of a window sign.
31.
"Municipal Directional Sign" means a sign erected and installed by the City of Noble, as deemed necessary by the Noble City Council, which is located on public right-of-way that directs motorists and pedestrians to certain building complexes, institutions, landmarks, or other historical occurrences within the City of Noble.
"Sign, illegal nonconforming," means a sign that was in violation of any of the laws of the city governing the erection or construction of such sign at the time of its erection, and that has never been erected or displayed in conformance with all such laws, including this chapter, and which shall include signs that are pasted, nailed, painted on or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other signs.
"Sign, legal nonconforming," means any sign which was lawfully erected and maintained prior to the enactment of this chapter, and any amendments thereto, and which does not conform to all the applicable regulations and restrictions of this chapter.
"Sign side" means the surface of a sign upon, against or through which the message is displayed or illustrated.
"Sign structure" means a sign, including any supports, uprights, braces or framework of a sign.
"Structure" means anything constructed or erected with a fixed location on the ground above grade, but not including poles, lines, cables or other transmission or distribution facilities of public utilities.
"Subdivision" means the same as defined in the subdivision regulations of the city, set forth in Part 12, Chapter 6 of this Code.
"Vertical surface" means that wall area of a single building elevation, which encompasses all of such elevation from ground or grade level to the top of all sides.
"Zoning ordinance" means the city zoning ordinance, together with all amendments thereto, as set forth in Part 12 of this Code.
(Ord. No. 584, § 1, 5-18-2020)
A.
The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location and maintenance of all signs within the city, including any sign erected or constructed prior to the enactment of this chapter.
B.
This chapter does not regulate in any manner noncommercial holiday signs and decorations, public informational and safety signs, or signs required by local, state or federal law.
Except as specifically provided, the following shall be exempt from the provisions of this chapter:
A.
Signs which are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way, or from any parking area, mall or other circulation area open to the general public, except that such signs shall be subject to the safety regulations of the building code and the electric code of the city.
B.
Official governmental notices and notices posted by governmental officers in the performance of their duties, governmental signs to control traffic or for other regulatory purposes, or to identify streets, or to warn of danger.
C.
The flag, pennant or insignia of any nation, organization of nations, state, county or city; any religious, civic, fraternal organization; or any educational institution. Additionally, one corporate name or logo-bearing flag not exceeding twenty-four (24) square feet in size will be permitted.
D.
Temporary decorations or displays, when such are clearly incidental to and are customarily and commonly associated with any national, local or religious holiday or celebration.
E.
Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.
F.
Merchandise, pictures or models of products or services which are incorporated as an integral part of a window display.
G.
Signs displayed on trucks, buses, trailers or other vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers and the like, provided that they are parked or stored in areas appropriate to their use as vehicles.
H.
Directional signs located in the street right-of-way; provided such signs are approved by the building inspector or his designee.
The provisions of this chapter, in their interpretation and application, shall be held to the minimum requirements adopted for the promotion of public health, safety, morals or general welfare. Whenever the requirements of this chapter are at variance with the requirements of any of the lawfully adopted codes or ordinances, the most restrictive or that imposing the highest standard shall govern.
It shall be a violation of this chapter for any person to perform or order the performance of any act which is contrary to the provisions of this chapter, or to fail to perform any act which is required by the provisions of this chapter. In the case of a continuing violation, each twenty-four (24) hour period in which the violation exists shall constitute a separate violation.
Any person who violates this chapter or fails to comply with any requirements hereof is guilty of an offense and upon conviction thereof shall be punished as provided in section 1-108 of this Code. In addition to all other remedies for the enforcement of this chapter and its provisions, the city may institute any proper action in a court of competent jurisdiction to prevent, enjoin, restrain, abate or otherwise to correct any violation of this chapter.
If any of the provisions of this chapter are inconsistent with the provisions of any other law or laws of the city presently existing or enacted in the future, in that the requirements regarding signs of the respective provisions differ, the provision containing the more restrictive requirements will apply.
A.
The city manager or his designee is hereby authorized and directed to enforce all provisions of this chapter. He shall appear for and on behalf of the city in all matters regarding the interpretation and application of this chapter, and shall resist and oppose any deviations from the provisions of this chapter.
B.
Upon presentation of proper credentials, the city manager or his authorized representative may enter at reasonable times the public areas of any building, structure or premises in the city to perform any duty imposed upon him by this chapter.
It shall be a violation of this chapter for any person to allow to remain or fail to remove, from property under his care, custody or control, any temporary sign after sixty (60) days.
A.
Except as provided in Section 12-923, it shall be unlawful to display, erect, relocate or alter any sign without first filing with the city manager or his designee an application in writing and obtaining a sign permit.
B.
When a sign permit has been issued by the city manager or his designee, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of said permit without prior approval of the city manager or his designee. A written record of such approval shall be entered upon the original permit application and maintained in the files of the city manager or his designee.
The application for a sign permit shall be made by the owner or a sign contractor licensed by the city. Such applications shall be made in writing on forms furnished by the city manager or his designee and shall be signed by the applicant.
The application for a sign permit shall be accompanied by the following plans and other information:
A.
The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.
B.
The location by street address and legal description of the site of the proposed sign structure.
C.
Complete information as required on application forms provided by the planning department, including a site plan and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as is pertinent to the application.
D.
Plans indicating the scope and structural detail of the work to be done, including details of all connections, guy lines, supports and footings, and material to be used.
E.
Application for an electrical permit, and required information for such application, for all electric signs if the person building the sign is to make the electrical connection.
A.
All permit fees required under this section shall be set by the City Council of the City of Noble by resolution.
B.
The fees set forth in subsection (A) of this section do not include electrical permit fees, which shall be in addition to the fees set forth in subsection (A) of this section. If any person installs or commences work on a sign for which a permit is required before obtaining the necessary permit, the permit fee shall automatically be doubled.
Each sign hereafter erected or remodeled shall bear thereon a clearly legible identification plate not exceeding fifteen (15) square inches in area, stating the name of the person responsible for its construction and erection, with installation date and permit number thereon. Electrical signs shall be marked with input amperes at full load input.
All signs shall be subject to inspections by the building inspector. Footing inspections shall be required on the day of excavation for all ground signs. The permit holder or his agent shall notify the building inspector when signs are complete and ready for final inspection.
If the city manager or his designee finds that work under any permit issued is not in accordance with the information supplied in the permit application and/or is in violation of this chapter or any other pertinent ordinance, or should he find that there has been any misrepresentation in connection with the application for the permit, he shall notify the owner or sign contractor of such findings and that the violation must be corrected. If such correction is not made, the city manager or designee shall revoke the permit and serve written notice thereof upon the owner or sign contractor. No person shall proceed with any part of such work after such notice is received.
No place of business, be it residential or commercial in nature, shall have more than one (1) accessory sign and one (1) wall sign per location unless otherwise permitted by the city manager.
All applicable provisions of this chapter shall apply, except that setback requirements shall not apply nor shall a sign permit or a sign permit fee be required for the following signs in all zoning districts:
A.
Temporary nonilluminated real estate signs, including "model home" and "open house" signs, which do not exceed six (6) square feet per side and twelve (12) square feet in total area and six (6) feet in height and limited to one (1) such sign per street frontage. Such signs shall not remain in place more than seven (7) days after the occupancy of the subject property.
B.
Signs in the nature of cornerstones, commemorative tablets and historical signs which do not exceed four (4) square feet per face in area and six (6) feet in height, and which are nonilluminated or indirectly illuminated.
C.
Private traffic directional signs guiding or directing vehicular or pedestrian traffic onto or off a lot or within a lot, when such do not exceed three (3) square feet per sign per face in area and eight (8) feet in height, do not contain any advertising or trade name identification, and are nonilluminated.
D.
Signs required or specifically authorized for a public purpose by a law, statute or ordinance may be of any type, number, area, height above grade, location or illumination authorized by the law, statute or ordinance under which such signs are required or authorized. No such sign shall be placed in the public right-of-way unless specifically authorized or required by law, statute or ordinance, and, except for warning signs or barricades of a temporary nature, such signs shall be permanently affixed to the ground, a building or other structure.
E.
Temporary nonilluminated political signs.
F.
Bulletin boards not over thirty-two (32) square feet in area for public, nonprofit, charitable or religious institutions.
G.
No permit shall be required for copy changes on signs using interchangeable letters or for maintenance where no structural changes are made.
A.
Digital signs are only allowed in areas that are classified within Part 12 of this Code as commercial or industrial.
B.
One (1) digital sign is allowed per business, and may be all or part of any allowed ground or wall sign (but not both). However, a business located on a lot which shares common facilities, such as parking or buildings, may utilize an electronic digital wall sign even when there is a digital joint ID sign on the same lot.
C.
No digital sign shall be located within fifty (50) feet of the driving surface of a signalized intersection, measured in a straight line from the leading edge of the sign structure to the nearest edge of pavement. Such sign may not be located closer than twenty (20) feet from the edge of any other street. Such signs must also comply with the setback provisions of this chapter, which may result in a greater setback.
D.
Digital signs shall only display a static message or messages. There shall be no effects of movement, blinking, animation, scrolling, flashing, or similar effects in the individual images.
E.
Digital signs which display more than one (1) static message shall do so sequentially, with each static message having a dwell time of no less than twelve (12) seconds and a transition time between static messages of no more than one (1) second. Changes of image shall be instantaneous as seen by the human eye, and shall not use blinking, fading, rolling, shading, dissolving, or similar effects as part of the change.
F.
Digital signs shall not display an illuminative brightness exceeding three hundred (300) NITs at any time between one-half (½) hour before sunset until sunrise of the next day or five thousand (5,000) NITs between sunrise until one-half (½) hour before sunset.
G.
Digital signs shall not display an illuminative brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any cyclist or person operating a motor vehicle.
H.
Digital signs shall not resemble or simulate any warning or danger signal, or any official traffic control device, sign, signal, or light.
I.
All digital signs shall have installed ambient light monitors or photo cells, and shall at all times allow such devices to automatically adjust the brightness level of the sign based on ambient light conditions. Each sign shall be equipped with a default mechanism that will automatically freeze the sign in one position or display a static message if a malfunction occurs.
J.
If a digital sign is visible from a nearby residential zoning district, it shall be located no closer than two hundred (200) feet from the closest point of that residential zoning district, measured in a straight line from the nearest point of the sign structure to the nearest point of the residential district.
The following signs shall not be permitted, erected or maintained in the city:
A.
Billboards or non-accessory signs of any kind.
B.
Flares.
C.
Strings of light bulbs used in connection with commercial premises for commercial purposes, other than traditional holiday decorations.
D.
Wind signs, except for grand opening signs.
E.
Signs which incorporate projected images or emit any sound which is intended to attract attention.
F.
Any sign, together with its supporting structure, now or hereafter existing which, ninety (90) days or more after the premises have been vacated, advertises an activity, business, product or service no longer produced or conducted upon the premises upon which such sign is located.
G.
Any sign which is installed or erected in or projecting into or over any public right-of-way or center median, or placed on any curb, sidewalk, utility post or pole, lamppost, bench, hydrant, bridge, wall, tree, fence or other structure or surface on public property, except as allowed by ordinance or law or as may be allowed by written agreement with the City of Noble, City Council of the City' of Noble or the city municipal authority. Persons placing signs in violation of this subsection may be subject to prosecution.
H.
Any sign which identifies a home business defined in the zoning ordinance.
I.
Signs not permanently affixed or attached to the ground or to any structure, including A-frame-type signs, except for real estate signs attached to posts driven into the ground, window signs and temporary barriers.
J.
Any sign or sign structure which:
1.
Is structurally unsafe;
2.
Constitutes a hazard to safety or health by reason of inadequate maintenance or dilapidation;
3.
Is not kept in good repair;
4.
Is abandoned; or
5.
Is capable of causing electrical shocks to persons likely to come in contact with it.
K.
Any sign or sign structure which:
1.
In any way obstructs the view of, may be confused with, or purports to be an official traffic sign, signal or device or any other official sign;
2.
Uses words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle;
3.
Creates in any other way an unsafe distraction for motor vehicle operators; or
4.
Obstructs the view of motor vehicle operators entering a public roadway from any parking area, service drive, private driveway, alley or other thoroughfare.
L.
Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way.
M.
Illegal nonconforming signs.
N.
Trailer signs.
O.
Any sign which is installed or erected upon any building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicles or other property of another, without the consent of the owner or person in charge thereof. Persons placing signs in violation of this subsection (O) may be subject to prosecution.
P.
Any sign, mural, emblem, bade or flag, any of which exceeds 36 inches by 24 inches, and is placed or painted on the exterior wall, door or interior window (if visible from the outside) of a residential structure other than the approved house number sign.
(Ord. No. 588, § 1, 8-17-2020)
Any sign which is unlawfully placed in the right-of-way, or signs which are pasted, nailed, painted on or otherwise unlawfully displayed upon structures, utility poles, trees, fences or other signs, may be removed summarily by the city manager or his designee without notice.
If the city manager or his designee shall find that any sign is erected or maintained in violation of Section 12-930, he shall give written notice which may be served personally to the owner or his agent, sign contractor or person having the beneficial use of the building or structure upon which such sign is located. If such person fails to alter or remove the sign so as to comply with Section 12-930 within forty-eight (48) hours after receipt of such notice, the city manager is authorized to cause removal or obliteration of such sign. The city may institute any property action in a Court of competent jurisdiction to prevent, enjoin, restrain, abate or otherwise to correct any violation of this chapter. The city manager or his designee may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily without notice.