The purposes of this article are:

(1)

To permit such signs as will not, by reason of their size, location, construction or manner of display, endanger life and limb, confuse or mislead traffic, obstruct vision necessary for traffic safety, or otherwise endanger the public morals, health or safety; and

(2)

To regulate such permitted signs in such a way as to create land use patterns compatible with major land use objectives; to retard visual blights and to prevent such signs from causing annoyance or disturbance to the citizens and residents of the city.

(Ord. No. 369, § 15.940(14.100), 6-26-1981)

The following conditions shall apply to all signs erected or located in any use district, except where specifically excluded herefrom:

(1)

Prohibited signs. All signs which are not expressly permitted by this chapter are hereby prohibited. This prohibition is intended to include, but is not limited to, portable signs, such as teepee, triangular, fold-up, roll-out or T-shaped signs not falling within the definitions of either freestanding, projecting or wall signs, and the prohibition also includes flags, banners (excluding decorative banners), pennants and streamers other than the flag, emblem or insignia of a nation or political unit.

(2)

Permits. All signs shall conform to the codes and ordinances of the city. No sign shall be constructed, and no existing sign shall be renovated, altered, or moved unless a sign permit and necessary electrical permit is obtained from the building and zoning administrator and electrical inspector. A sign permit shall be issued by the building and zoning administrator only if the proposed sign conforms in all respects to the provisions of this article, and other provisions of the zoning ordinance and state construction code of the city. The sign permit fee schedule shall be determined by resolution of the city council and a copy of said resolution shall be on file with the building and zoning administrator. A permit shall not be required, however, for the performance of ordinary maintenance and repair.

(3)

Advertising signs. No sign shall be permitted except that which directs attention to a business or profession conducted as a permitted use, or to one principal commodity, service or entertainment sold or offered as a permitted use, upon the property where such sign is located; provided, however, that off-premises advertising signs shall be permitted in the GI general industrial district, but must be located at least 100 feet but not more than 1,000 feet from the edge of the right-of-way of U.S. 31; and provided further that such off-premises signs shall not be erected closer than 1,000 feet to another off-premises advertising sign on the same side of the highway. The maximum height of off-premises advertising signs shall not exceed 30 feet.

(4)

Interference with public right-of-way. No sign or portion thereof, except those erected and maintained by the city, county, state or federal governmental agencies to direct or control traffic, shall be located on or project into or overhang an area within ten feet of the edge of a public right-of-way or dedicated public easement unless the building and zoning administrator determines that the sign is constructed, or otherwise situated, in such a manner that it does not obstruct pedestrian or vehicular vision of traffic. In no case, however, shall any sign or portion thereof, other than a traffic control or directional sign, be located on or project into or overhang a public right-of-way or dedicated public easement.

(5)

Traffic signs. All traffic directional and control signs required by city, county, state or federal agencies shall be permitted in all use districts. No permit shall be required for such signs.

(6)

Real estate signs. Signs advertising land or buildings for rent, lease or sale shall be permitted when located on the land or building intended to be rented, leased or sold, subject to the regulations of the appropriate zoning districts.

(7)

Confusion with traffic signs. No sign shall be erected at any location where it may, by reason of its position, shape, color or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, traffic signal or other traffic device, nor shall any sign make use of the terms "stop," "look," "turn," "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

(8)

No sign with moving parts, motion pictures or flashing or blinking lights shall be permitted.

(9)

Political signs. All signs erected by candidates for an elective office shall be governed by the following requirements:

a.

No signs shall be erected more than 45 days prior to an election.

b.

All signs shall be removed within one week after the election.

c.

No sign shall be located on or project into or overhang an area within the edge of a public right-of-way or dedicated public easement.

d.

No sign shall be erected at any location where it may, by reason of its position, size, shape, color or other characteristics, interfere with, obstruct the view of, or be confused with any authorized traffic sign, traffic signal or other traffic device, nor shall any sign make use of the words "stop," "look," "turn," "danger" or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse pedestrian or vehicular traffic.

e.

No sign shall contain moving parts, motion pictures, changing colors or flashing or blinking lights, or any pictorial intermittent signs.

f.

All noncommercial political signs shall be limited in size as follows:

(10)

Signs on vehicles. The provisions of this chapter are not applicable to bumper stickers or other types of signs affixed to vehicles where their presence thereon is only incidental to the primary purpose of said vehicles as transportation.

(11)

Informational or directional signs. No permit shall be required for informational or directional signs, as herein defined, having a maximum area of five square feet.

(12)

Maintenance. All signs shall be kept clean and in a good state of repair. Signs which are not maintained or which no longer serve the purpose for which they were permitted, or which have been abandoned, shall be removed by the latest owner, or by the city at the expense of such owner.

(13)

Nonconforming signs. Every sign or other advertising structure in existence on adoption of this sign ordinance which violates or does not conform to the provisions hereof, shall not be renovated, altered or moved unless it be made to comply with the provisions of this sign ordinance, except that this provision shall not prevent the owner from changing the advertising copy of a nonconforming sign and except further that this provision shall not prevent the board of appeals from granting authorization to alter, renovate or move a nonconforming sign or substitute another sign for a nonconforming sign if said authorization reduces the degree of nonconformance. An existing freestanding sign may be repaired or replaced with a new freestanding sign not to exceed the height of the existing sign, 20 feet, or the maximum size permitted in the corresponding zoned district, whichever is lesser.

(14)

Projecting signs. All projecting signs, other than informational or directional signs, in the following districts shall have a minimum clearance of 12 feet from ground level, with a maximum height of 25 feet or the roofline of the building from which the sign projects, whichever is less: PO professional office, GO general office, C-1 neighborhood commercial, C-2 general retail, C-3 major commercial and GI general industrial.

(15)

Wall signs. All signs attached parallel to the wall of a building, including signs painted on the wall of a building, shall not exceed an area of 20 percent of the area of the side of the building on which said sign appears. No wall sign attached to a building shall project above the roofline of the building on which it appears, nor shall such sign project more than one foot from the face of the wall.

(16)

Mobile signs. One mobile trailer type sign not exceeding 8 feet in length or 4 feet in height shall be permitted for a period not to exceed seven days for the purpose of advertising a new business, a related business or a new owner, lessee or franchise of an existing business, any of which conditions has been in existence for a period not exceeding four months. Lighting of said sign shall conform to all provisions contained in subsection 8 of this section. A permit shall be required prior to the sign being placed on the property. A mobile trailer type sign shall not be allowed in R-1, R-2, R-3, R-4, R-5 residential districts, CR-6 cluster districts or AR-7, AR-8 apartment districts.

(17)

Ground sign means a sign supported by a monument, placed in the ground surface and not attached to any building.

(18)

Entranceway sign means a ground sign that designates the street entranceway to a residential, industrial or commercial subdivision, apartment complex, condominium development, similar multiparcel development or permitted institution, from a public right-of-way. The maximum height of any ground sign shall not exceed ten feet.

(19)

Height of ground sign or entranceway sign means the vertical distance measured from the natural surface grade of the land without including any berm, landscaping, grading or other artificially or unnaturally constructed or raised portion of land beneath the midpoint of the face of the sign to the highest point of the sign or supporting structure. The maximum height of ground signs shall not exceed ten feet.

(20)

Electronic message board sign means an on-premises sign, or portion thereof, that displays electronic static images, static graphics or static pictures, with or without textual information. Such a sign has the capability of being changed or altered by electronic means on a fixed display screen composed of a series of lights including light emitting diodes (LEDs), fiber optics, lightbulbs, or other illumination devices within the display area where the message is displayed. The following conditions shall apply to all electronic message board signs:

a.

Signs that scroll, flash, or convey the appearance of movement or animation of a message shall not be permitted.

b.

Minimum duration of message shall be five seconds.

c.

The area of the changeable copy shall be included in the maximum sign area permitted. The message board shall not exceed 60 percent of the total sign area permitted.

d.

Maximum brightness levels for electronic message board signs shall not exceed .2 footcandles over ambient light levels measured within 150 feet of the sign. To obtain a building permit, certification must be provided to the city demonstrating that the sign has been pre-set to automatically adjust the brightness to these levels or lower.

e.

Electronic message board signs shall not be permitted in any residential zoning district or development.

f.

Electronic message board signs shall not emit any sound.

g.

If a message display is not working properly, its use will be discontinued until its repair.

h.

Electronic message board signs shall be permitted as part of on-site freestanding signage only and shall not be permitted on or as part of off-premises advertising signs.

(21)

Decorative banner shall mean a sign of cloth, plastic or vinyl with no other substantial backing hung or projecting from a pole, provided said sign is not commercial in nature, does not advertise a specific product or item and contains no business logo or advertisement of any kind, subject to the following conditions:

a.

Decorative banner signs shall be attached to light poles contained wholly within the on-site parking facility associated with the development site, or on utility poles located within the street frontage of the parcel. For signs on utility poles, written permission must be obtained from the pole owner.

b.

Decorative banner signs shall be a maximum of 48 inches in height and 30 inches in width.

c.

Decorative banners signs may not be illuminated through any means other than existing lighting approved for the development site.

d.

Decorative banners signs shall be kept in good condition. Any banner sign that is torn, faded or damaged in any way shall be removed.

(22)

Not-for-profit athletic field sign means an on-premises sign attached to athletic field fences at not-for-profit athletic fields subject to the following conditions:

a.

Athletic field signs shall be made of fabric, plastic or other non-rigid material.

b.

Athletic field signs shall be a maximum of 48 inches in height and 96 inches in width.

c.

Athletic field signs may face inward or outwards.

d.

Athletic field signs shall be kept in good condition. Any athletic field sign that is torn, faded or damaged in any way shall be removed.

(23)

Electronic off-premises advertising signs shall comply with the following conditions:

a.

Signs shall not change content or move more frequently than once every eight seconds.

b.

Those that involve motion or rotation of any part of the structure, running animation or displays, or flashing or moving lights shall be prohibited. This subdivision does not apply to a sign or sign structure using a digital billboard with static messages or images that change if the rate of change between two static messages or images does not exceed more than one change per eight seconds, each change is complete in one second or less, and the sign possesses and utilizes automatic dimming capabilities so that the maximum luminescence level is not more than 0.3 footcandles over ambient light levels measured at a distance of 150 feet for those sign faces less than or equal to 300 square feet, measured at a distance of 200 feet for those sign faces greater than 300 square feet but less than or equal to 378 square feet, measured at a distance of 250 feet for those sign faces greater than 378 square feet and less than 672 square feet, and measured at a distance of 350 feet for those sign faces equal to or greater than 672 square feet. In addition to the above requirements, signs exempted under this subdivision shall be configured to default to a static display in the event of mechanical failure.

c.

No sign shall display such intensity or brilliance that it interferes with the effectiveness of official traffic signs, devices or signals.

d.

Signs shall be equipped with both a dimmer control and photocell that automatically adjust the intensity of the display according to natural ambient light conditions.

e.

Signs shall be designed and equipped to freeze the device in one position or immediately discontinue the display if a malfunction occurs.

f.

The transition between content shall be instantaneous and without special effects.

g.

The content displayed shall be complete in itself, without continuation to the next message or to any other sign.

h.

The content shall not resemble a warning, danger signal or traffic control sign.

i.

The maximum height of off-premises electronic advertising signs shall not exceed 30 feet.

(24)

Out-of-business establishment. If a sign advertises a business, attraction, or other enterprise or activity that is no longer operating or being offered or conducted, that sign shall be considered abandoned and the following conditions shall apply:

a.

The sign faces shall be removed and replaced with blank faces, or covered within 60 days after written notice from the city to the sign owner, owner of the property where the sign is located, or other party having control over the sign. If the sign is covered, the manner of covering shall be approved by the city and the sign shall remain covered for no more than 30 days, at the expiration of which the sign faces shall be removed and replaced consistent with this ordinance.

b.

Any expense incurred by the city incidental to removal shall be paid by the sign owner, owner of the property where the sign is located, or other party having control over the sign.

(Ord. No. 369, § 15.945(14.101), 6-26-1981; Ord. No. 453, 2-16-1988; Ord. No. 653, 5-17-2002; Ord. No. 731, § 2, 3-1-2011; Ord. No. 736, §§ 2—4, 7-19-2011; Ord. No. 739, § 2, 10-4-2011; Ord. No. 779, §§ 1, 3, 6-7-2016; Ord. No. 781, §§ 1—3, 8-1-2016; Ord. No. 799, § 1, 9-4-2018)

In addition to the requirements of section 48-1296, the requirements in the following sections shall apply to signs in various zoning districts.

(Ord. No. 369, § 15.950(14.102), 6-26-1981)

The following signs shall be permitted within residential districts R-1 through R-5:

(1)

One unlighted name plate not over two square feet in area for each dwelling unit, no permit required for such sign.

(2)

One unlighted real estate sign advertising the sale or rental of only the premises on which it is maintained, and not exceeding a total area of 8 square feet for any parcel with less than 250 feet of street frontage or an area not exceeding the lesser of one square feet for each thirty feet of frontage or 20 square foot for parcels with greater than 250 feet of street frontage. No permit shall be required for such sign.

(3)

On temporary sign not exceeding 20 square feet in area in real estate development containing 25 or more lots.

(4)

One freestanding sign for any church, school, public institution or nonprofit organization (such as a club or fraternal or religious organization), provided that such sign is only used for the purpose of announcing the name of the organization and the general nature and time of its activities but contains no commercial brand name nor trademark advertising. The size of such sign shall not exceed 100 square feet or one square foot for each ten feet of street frontage contained in such organization's lot or lots on which such sign is located (where such sign is located on a corner lot, the longer only of the two street frontages owned by such organization shall be counted), whichever shall be the smaller. Further, in the case of an indirectly lighted sign, no such indirectly lighted sign shall be permitted which faces the front or side lot line of a lot in a residential district where the sign is within 100 feet of such lot line.

(5)

Entranceway signs, subject to the following:

a.

Area. A sign's area shall be one square foot of sign for one foot of setback, measured from the centerline of the fronting street with a maximum of 24 square feet. Setback is to be measured to the leading edge of the sign.

b.

Height. The height of the sign may not exceed ten feet.

c.

Placement. A sign may be placed not less than ten feet from any street right-of-way and only in yards adjacent to streets at the entrance to the subdivision, apartment complex, condominium development or permitted institution.

(Ord. No. 369, § 15.951(14.102(1)), 6-26-1981; Ord. No. 541, 3-19-1994; Ord. No. 653, 5-17-2002)

The following signs shall be permitted within CR-6 cluster districts and AR-7 and AR-8 apartment districts:

(1)

Any sign permitted and as regulated in residential districts R-1 through R-5.

(2)

One unlighted or indirectly lighted sign not exceeding 12 square feet in area which identifies a multiple-family building or group of buildings in the same project.

(3)

Entranceway signs, subject to the following:

a.

Area. A sign's area shall be one square foot of sign for one foot of setback, measured from the centerline of the fronting street with a maximum of 24 square feet. Setback is to be measured to the leading edge of the sign.

b.

Height. The height of the sign may not exceed ten feet.

c.

Placement. A sign may be placed not less than ten feet from any street right-of-way and only in yards adjacent to streets at the entrance to the subdivision, apartment complex, condominium development or permitted institution.

(Ord. No. 369, § 15.952(14.102(2)), 6-26-1981; Ord. No. 653, 5-17-2002)

The following signs shall be permitted within the agricultural (AG) and recreational (REC) districts:

(1)

Any sign permitted and as regulated in the R-1 through R-5 districts.

(2)

One ground sign not exceeding 25 square feet in area for any permitted agricultural or recreational use provided the sign is used only for the purpose of identifying the name of the establishment or organization, and further provided that residential dwelling units are excluded from this provision.

(3)

One wall sign shall be permitted on each wall facing an adjacent public street for each separate business, with a maximum of two such signs for each business and additional informational or directional signs shall be permitted provided that each sign is attached parallel to the wall of the building and further that the total area of all signs attached to one wall of a building does not exceed 20 percent of the area of that side of the building.

(4)

Ground or projecting directional signs not exceeding five square feet in area shall be permitted to provide information such as the location of parking areas or service areas, intended to direct traffic already on the premises.

(Ord. No. 369, § 15.953(14.102(3)), 6-26-1981; Ord. No. 653, 5-17-2002)

The following signs shall be permitted within the professional office (PO) and general office (GO) districts:

(1)

Any sign permitted and as regulated in residential districts R-1 through R-5.

(2)

One ground sign shall be permitted per building not to exceed 50 square feet in area.

(3)

One wall sign shall be permitted on each wall facing an adjacent public street for each separate business, with a maximum of two such signs for each business and additional informational or directional signs shall be permitted provided that each sign is attached parallel to the wall of the building and further that the total area of all signs attached to one wall of a building does not exceed 20 percent of the area of that side of the building.

(4)

Ground or projecting directional signs not exceeding five square feet in area shall be permitted to provide information such as the location of parking areas or service areas, intended to direct traffic already on the premises.

(5)

One projecting sign shall be permitted per building, not to exceed 12 square feet in area.

(6)

Entranceway signs, subject to the following:

a.

Area. A sign's area shall be one square foot of sign for one foot of setback, measured from the centerline of the fronting street with a maximum of 24 square feet. Setback is to be measured to the leading edge of the sign.

b.

Height. The height of the sign may not exceed ten feet.

c.

Placement. A sign may be placed not less than ten feet from any street right-of-way and only in yards adjacent to streets at the entrance to the subdivision, apartment complex, condominium development or permitted institution.

(7)

Decorative banner signs subject to the decorative banner sign provisions.

(Ord. No. 369, § 15.954(14.102(4)), 6-26-1981; Ord. No. 653, 5-17-2002; Ord. No. 731, § 2, 3-1-2011; Ord. No. 736, § 5, 7-19-2011)

The following signs shall be permitted within the neighborhood commercial (C-1) district:

(1)

Any sign permitted and as regulated in residential districts R-1 through R-5.

(2)

One ground sign shall be permitted per building not to exceed 32 square feet in area.

(3)

One wall sign shall be permitted on each wall facing an adjacent public street for each separate business, with a maximum of two such signs for each business and additional informational or directional signs shall be permitted provided that each sign is attached parallel to the wall of the building and further that the total area of all signs attached to one wall of a building does not exceed 20 percent of the area of that side of the building.

(4)

Ground or projecting directional signs not exceeding five square feet in area shall be permitted to provide information such as the location of parking areas or service areas, intended to direct traffic already on the premises.

(5)

One projecting sign shall be permitted per building not to exceed 20 square feet in area.

(6)

Decorative banner signs subject to the decorative banner sign provisions.

(Ord. No. 369, § 15.955(14.102(5)), 6-26-1981; Ord. No. 653, 5-17-2002; Ord. No. 736, § 6, 7-19-2011)

The following signs shall be permitted within the general retail (C-2) and major commercial (C-3) districts:

(1)

Any sign permitted and as regulated in residential districts R-1 through R-5.

(2)

One ground sign shall be permitted per building not to exceed 50 square feet in area.

(3)

One wall sign shall be permitted on each wall facing an adjacent public street for each separate business with a maximum of two such signs for each business and additional informational or directional signs shall be permitted provided that each sign is attached parallel to the wall of the building and further that the total area of all signs attached to one wall of a building does not exceed 20 percent of the area of that side of the building.

(4)

Ground or projecting directional signs not exceeding five square feet in area shall be permitted to provide information such as the location of parking areas or service areas, intended to direct traffic already on the premises.

(5)

One projecting sign shall be permitted per building not to exceed 20 square feet in area.

(6)

Decorative banner signs subject to the decorative banner sign provisions.

(Ord. No. 369, § 15.956(14.102(6)), 6-26-1981; Ord. No. 653, 5-17-2002; Ord. No. 736, § 7, 7-19-2011)

The following signs shall be permitted within the general industrial (GI) district:

(1)

Any sign permitted and as regulated in residential districts R-1 through R-5.

(2)

One ground sign shall be permitted per building, not to exceed an area of six square feet for each ten feet of street frontage on which street said sign is located, or the longer of two frontages when said sign is located on a corner, and further providing that the maximum area for any freestanding sign shall be 100 square feet.

(3)

One wall sign shall be permitted on each wall facing an adjacent public street for each separate business with a maximum of two such signs for each business and additional informational or directional signs may be attached parallel to the wall of the building and further that the total area of all signs attached to one wall of a building does not exceed 20 percent of the area of that side of the building.

(4)

Ground or projecting directional signs not exceeding five square feet in area shall be permitted to provide information such as the location of parking areas or service areas, intended to direct traffic already on the premises.

(5)

One projecting sign shall be permitted per building not to exceed 50 square feet in area.

(6)

Freestanding off-premises advertising signs not exceeding 672 square feet in area shall be permitted when located at least 100 feet but not more than 1,000 feet from the edge of the right-of-way of U.S. 31, provided that such off-premises advertising signs shall not be erected closer than 1,000 feet to another off-premises advertising sign on the same side of the highway.

(7)

Entranceway signs, subject to the following:

a.

Area. A sign's area shall be one square foot of sign for one foot of setback, measured from the centerline of the fronting street with a maximum of 24 square feet. Setback is to be measured to the leading edge of the sign.

b.

Height. The height of the sign may not exceed ten feet.

c.

Placement. A sign may be placed not less than ten feet from any street right-of-way and only in yards adjacent to streets at the entrance to the subdivision, apartment complex, condominium development or permitted institution.

(8)

Decorative banner signs subject to the decorative banner sign provisions.

(9)

Electronic off-premises advertising signs, as defined in subsection 48-1296(23), subject to the following:

a.

A sign shall not exceed 672 square feet in area.

b.

A sign shall be at least 100 feet but not more than 1,000 feet from the edge of the right-of-way of U.S. 31.

c.

A sign shall not be closer than 1,750 feet to another sign utilizing electronic messaging on either side of the highway facing the same direction of oncoming traffic.

(Ord. No. 369, § 15.957(14.102(7)), 6-26-1981; Ord. No. 653, 5-17-2002; Ord. No. 736, § 8, 7-19-2011; Ord. No. 779, § 2, 6-7-2016)

In considering signage proposed as part of a PUD, the planning commission and city council shall use as a guide the respective regulations contained herein for the intended and permitted use of the property located within the PUD.

(Ord. No. 653, § 15.958(14.102(8)), 5-17-2002)