It is the purpose of this article to establish regulations for the control of all signs within the City of Ozark. The intent of this article is to support and promote the use of signs to aid the public, in the identification of businesses and other activities, to assist the public in its orientation within the city, to express the history and character of the city, to promote the community's ability to attract sources of economic development and growth, and to serve other informational purposes. Further, it is the intent of this article to protect the public from the confusion created by the objectionable effects of advertising excesses, from the danger of unsafe signs, and from the degradation of the aesthetic qualities of the city. This article is not intended to inhibit an individual's right to express non-commercial messages protected by the First Amendment of the United States Constitution.

These regulations shall apply to all signs erected, constructed, displayed, painted, maintained, altered, and/or installed in every zoning district in the city, which are designed or intended to be seen by or to attract the attention of the public. No sign shall be erected or installed unless it is in compliance with the regulations of this article.

Banner. Any sign made of cloth, canvas, plastic sheeting or any other flexible material, which is not rigidly and permanently attached to a building or the ground through a permanent support structure.

Beacon. Any structure with rotating, strobing, or flashing lights.

Billboard. A permitted off-premise sign subject to the provisions of article IX, section 5.

Building frontage. See front or main facade definition.

Building sign. A sign displayed upon or attached to any part of the exterior of a building, including walls, doors, parapets, and marquees. Canopy signs, awning sign, projecting signs, and signs suspended from buildings are considered types of building signs.

Commercial message. Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.

Commercial sign. When describing the content of a sign, a sign advertising, identifying, directing attention to, or otherwise relating to commerce and to property, goods or services for sale, lease, exchange or any other transaction where value is given or received by any party to the transaction.

Department. The City of Ozark Planning and Inspection Department.

Development sign. Any sign used at the entrance to a subdivision, office park, or similar development that indicates lots being sold, the name of the developer, financial institution or other development parties.

Director. The Planning Director of the City of Ozark or his/her designee.

Display area. The area of a sign or advertising device that can be enclosed or measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire sign or advertising device; excluding trim, frame, apron, posts, uprights, braces or other structural members which support it (See section 6: Calculation of display area).

Entry facade. See "main facade" definition.

Erect. To construct, reconstruct, build, relocate, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish a sign. It shall not include any of the foregoing activities when performed as an incident to change a message on a reader board, or maintain the sign.

Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or structure. The posts or other supporting structures shall be considered as part of the sign, except that they shall not be included in computing the sign display area.

General business sign. Freestanding sign on any individual development site.

Grade level. The finished elevation of the lot or development site upon which the sign is located.

Main or entry facade. Generally the facade or side of the building that faces the public street, road or highway. In cases where the building is oriented in a manner not parallel to the street, the primary entrance facade is used as the main facade.

Noncommercial sign. A sign which is not an on-premise or off-premise sign and which carries no message, statement, or expression related to the commercial interests of the sign owner, lessee, author or other person responsible for the sign message. Noncommercial signs include but are not limited to: Signs expressing political views, religious views or signs of non-profit organizations related to their tax exempt purposes.

Off-premise sign. A sign containing a message unrelated to a business, profession, or activity conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

On-premise sign. A sign containing a message related to a business, profession, or activity conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.

Open letter sign. A sign consisting of a logo or symbol, individual letters or connected lettering mounted on a building in a raceway or similar mounting or on the surface of an integral architectural element, which is a part of the building. Individual letters may be illuminated. The display area of an open letter sign shall not exceed the maximum permitted area for building signs on the property (See section 6: Calculation of display area).

Parapet. A low wall or railing to protect the edge of a platform, roof, or bridge.

Painted graphics. Any mosaic, mural, painting, graphic art technique, or combination thereof placed on a wall and containing no copy, advertising symbols, lettering, trademarks, or other references to the premises or products and/or services offered for sale on the premises.

Political signs. Any temporary sign promoting the campaign of an individual for public office or an advertisement for an amendment or referendum on a public issue.

Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported. Portable signs include, but are not limited to, signs on wheels, A-frame or T-frame signs, signs attached to vehicles that are not part of the normal day-to-day operation of a business, and temporary metal/cardboard/plastic/wood signs inserted in the ground containing a commercial message other than real estate signs.

Reader board. Permanent sign containing messages in the form of removable letters or changeable copy. A reader board may be a building sign or an integral part of a freestanding sign.

Snipe sign. A sign fastened to a tree or utility pole, often located within the public right-of-way, generally prepared by an individual or organization, typed or hand lettered, and frequently advertising an event such as a garage sale or concert, or announcing the disappearance of a pet.

Vehicle sign. Any sign affixed to a vehicle.

Wind sign. Any signs, pennants, flags (other than official flags), ribbons, spinners, streamers or captive balloons, or other objects or materials fastened in such a manner as to move upon being subjected to pressure by wind and drawing attention to a business, product, service or activity whether it contains a message or not.

Window sign. Any sign, picture, symbol, or combination thereof designed to communicate information about a business, commodity, event, sale, or service for the location on which it is located that is placed inside or upon a window and is visible from the exterior of the window.

Exempt signs are allowed without a sign permit and are not to be included in determinations of the allowable numbers, type and area of signs that require a sign permit. Nothing in this section shall exempt an individual who desires to erect a sign from the necessity of obtaining a building permit, should such be required by the adopted building code. Signs exempted in this section much conform to the standards enumerated and shall not be placed on public right-of-way, utility poles, or constructed so as to create a hazard of any kind.

Address numbers. Address numbers used for the purposes of identifying the E-911 address of a residential or nonresidential property are exempt providing they are not part of a building or freestanding sign with other commercial or noncommercial messages or images. An address shown as part of a building or wall sign on a nonresidential property shall be counted toward the maximum allowable display area. Incidental signs on residential property identifying the house number, street name, and resident's name are also exempt.

Banners. Banners must be professionally manufactured and maintained in a high state of repair. Banners are to be secured in a manner to withstand natural elements and placed in a location on private property that will not constitute any form of hazard.

Community event displays. Temporary decorations, and/or noncommercial signs associated with school activities, school elections, celebrations or commemorations that have significance to the entire community. All displays shall be removed within seven (7) days of the event's completion.

Construction signs. Signs used to identify contractors, financial institutions or developers on a site under construction or undergoing modification. Signs are limited to three (3) signs per site and thirty-two (32) square feet in size each. All construction signs shall be removed within fourteen (14) days after the certificate of occupancy has been issued. In the case of minor modifications not requiring a certificate of occupancy, i.e., tree removal, painting, landscaping, signs are limited to a display period of thirty (30) days. Routine lawn/landscape maintenance is not considered construction activity.

Development signs. Signs used at the entrance to subdivision, office part, or similar development that indicates lots for sale, the name of the developer, financial institution or other development parties. Signs are limited to thirty-two (32) square feet in size and no more than one (1) sign per development entrance. Signs are to be removed when the original developer sells all lots in the development or phase.

Directional signs. A sign that is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property which the public is directed. No such sign shall display the name of a product, establishment, service or any other advertising other than a logo. Signs identifying public telephones, trash receptacles, first aid facilities, and shopping cart corrals are considered directional signs. No directional sign shall exceed five (5) square feet.

Directory signs. A wall-mounted sign, which is not designed or located so as to be legible from any street or adjoining property, listing the businesses, tenants, or activities conducted within a building or group of buildings. Directory signs are limited to one (1) per building and shall not exceed twenty (20) square feet in size.

Hazard/prohibition/warning signs. Signs warning of construction, excavation, or similar hazards. Signs such as "No Trespassing" and "No Parking" as long as they do not contain logos or text advertising a commercial product or activity.

Help wanted signs. Signs advertising job vacancies for employment opportunities with the business or activity on the property on which the sign is located. Signs are limited to six (6) square feet in size and only one (1) sign shall be allowed per business.

Holiday decorations. Temporary holiday decorations used to celebrate a single holiday or season.

Internal signs. Signs not intended to be viewed from public right-of-way and located not to be visible from public right-of-way or adjacent properties, such as signs interior to a shopping, commercial buildings or structures, ball parks, stadiums, and similar uses of a recreational or entertainment nature.

Nameplates. A nonelectrical sign identifying only the name and occupation or profession of the occupant of a nonresidential property on which the sign is located. A nameplate shall not exceed two (2) square feet in size.

Official signs. Official federal, state, or local government traffic, directional and informational signs and notices issued by any court, person, or officer in the performance of a public duty. Also, any sign erected by a federal, state, or local government agency for identification purposes at any office, institutional, recreational, or other publicly owned site.

Official flags. Official federal, state, or local government flags, emblems, and/or historical markers. Also, any flag or insignia of a religious, charitable, fraternal, or civic organization. Official flags will be flown in a manner that meets U.S. Congressional protocol. Failure to display flags in this manner will be a violation of this appendix.

Political signs. Political signs are subject to the requirements of the Zoning Ordinance of the City of Ozark, Alabama and shall be removed within seven (7) days after the election date.

Real estate Signs. Real estate signs indicating a property is for sale, rent, or lease shall not be located in (with the exception of real estate temporary directional signs), encroach upon, or be located, constructed, or lighted in such a manner as to constitute a hazard to the health or safety of persons on any public right-of-way. At intersections, signs shall not obstruct the view of traffic entering the intersection, hinder maintenance and upkeep of the right-of-way, or be excessively worn. Signs that do not meet the requirements of any portion of this appendix may be relocated or removed at the discretion of city personnel, shall be temporary in nature, and shall abide by the following conditions:

1.

Temporary on-premise signs:

a.

May be located only on the property that is for sale, rent, or lease.

b.

Shall be limited to one (1) sign facing each street adjacent to the property.

c.

Maximum allowable display area shall be:

Residential: Six (6) square feet each of a maximum of twelve (12) square feet.

Nonresidential: Thirty-two (32) square feet.

d.

Must be removed five (5) business days after closing date of the sale of the property.

e.

Attracting attention to a model home, and open house viewing shall be permitted provided that the aggregate area of such signage shall not exceed thirty-two (32) square feet.

2.

Temporary directional (pointer) signs:

a.

May be placed at street intersections on private property or in the public right-of-way with permission of the property owner, as can be reasonably obtained, not more than five (5) feet inside the right-of-way line and shall be limited to not more than three (3) signs per street intersection.

b.

Must be professionally prepared and properly maintained. No hand written or "homemade" signs. The maximum allowable display area of directional signs shall be not more than four (4) square feet per side for a maximum of eight (8) square feet.

c.

Must be removed within five (5) business days of the closing date of the sale of the property.

d.

May not be placed on U. S. and state highway rights-of-way and/or intersections.

(Ord. No. 2003-11, § 1, 11-18-03; Ord. No. 2009-5, § 1, 5-12-09)

It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained, any sign not expressly authorized by, or exempted from, these regulations. The signs listed below are expressly prohibited in all zoning districts in the city.

A.

Any freestanding sign with a face greater than twenty (20) square feet, except as defined in section 5.

B.

Signs that are in violation of the building code or electrical code adopted by the City of Ozark.

C.

Yard sale signs within the right-of-way.

D.

Political signs within the right-of-way.

E.

Reserved.

F.

Beacons.

G.

Off-premise signs located on any properties in the highway corridor overlay district, B-4 (highway commercial district), B-1 (central business district), RH (rural holding district), along state highways, residential districts, and any property that is currently being used as residential.

H.

A sign that, in the opinion of the building official or his designated representative, does or may constitute a safety hazard.

I.

Any sign which simulates in size, color, lettering or design any traffic sign or signal, or which makes use of words, symbols or characters in such a manner to interfere with, mislead or confuse pedestrian or vehicular traffic.

J.

Any signs, other than official traffic control devices, highway identification markers, warning signs, and other official signs, which are erected within the right-of-way of any street or alley. Any sign that is erected or maintained outside the right-of-way and according to the director, obstructs the vision of pedestrians, cyclists, or motorists traveling on or entering a street, road, or highway.

K.

Freestanding signs which project into the public right-of-way.

L.

Signs consisting of any strobing, rotating, or flashing component as determined by the building official or his designated representative, except for time and temperature displays and traditional barber poles.

M.

Any sign or sign structure identifying a previous use or activity that has not occupied the site for a period greater than sixty (60) days, does not maintain a current business license or pertains to a time, event or purpose which no longer applies, shall be deemed abandoned. The removal of a frame of an abandoned sign shall not be required, if it conforms to all applicable terms contained in these regulations.

Any sign or structure, which supported or supports an abandoned sign and which structure conforms to all applicable terms contained in these regulations shall be allowed to remain in place. However, in the event a sign structure which supported or supports an abandoned sign is inconsistent with any term contained in these regulations then the sign structure and frame shall either be altered to comply with the terms contained herein or removed by the owner of such structure of property.

N.

Strips or strings of lights outlining property lines, sales area, rooflines, doors, windows, wall edges or other architectural features of a building. This prohibition does not include holiday decorations and community decorations. This prohibition does not include neon lighting on buildings. If neon is used to depict wording or logos, it will be calculated as part of the overall allowable signage.

O.

Signs on public land, including rights-of-way and easements, other than those erected at the direction or with the permission of a public authority. (See article IX, section 3, real estate signs for exception.)

P.

Signs that emit audible sound, odor, visible matter such as smoke or steam, or involve the use of live animals.

Q.

Signs or sign structures that interfere in any way with free use of any fire escape, emergency exit, or standpipes, or that obstruct any window to such an extent that light or ventilation is reduced to a point below that required by any provision of these regulations or any other regulation of the City of Ozark.

R.

Signs that are of such intensity or brilliance as to cause glare or impair the vision of motorists, cyclists, or pedestrians.

S.

Signs that contain any lighting or control mechanism that causes unreasonable interference with radio, television, or other communication signals.

T.

Signs placed upon light poles, benches, bus shelters, or waste receptacles except those which identify the use of the object on which they are placed, i.e., "Cart Return," "Bus Stop."

U.

Signs erected on public utility poles, even if they are located on private property other than signs erected by a public authority for public purposes.

V.

Signs, other than historical markers or those identifying a natural feature, painted on or attached to trees, rocks, or other natural features.

W.

Signs visible from a public right-of-way that use the word "stop" or "danger" or otherwise present or imply the need or requirement of stopping, caution, the existence of danger, of which for any reason are likely to be confused with any sign displayed or authorized by a public authority.

X.

Any sign mounted to the structural roof or applied to the roof including painted signs.

Y.

Signs projecting above the building roof or parapet line.

Z.

Signs that have become deteriorated or damaged to an extent that the cost of the reconstruction or restoration of such signs is in excess of fifty (50) percent of its replacement value exclusive of foundations.

AA.

Signs lettered or hand painted in a crude or amateurish fashion.

BB.

Signs on any broadcasting or telecommunications tower or any antenna other than appropriate hazard/warning signs.

CC.

Signs identifying a home-based business (home occupation).

DD.

Vehicles or trailers (operable or inoperable), which contain advertising and are not used in the daily conduct of business.

(Ord. No. 2003-11, § 1, 11-18-03; Ord. No. 2009-3, § 1, 2-17-09; Ord. No. 2009-5, § 1, 5-12-09)

Billboards. Billboards are allowed only in the B-4 highway commercial district and in zoned business districts on Andrews Avenue, from U.S. 231 West to the Fort Rucker Gate. Billboards shall not be closer than one thousand (1,000) feet radius to another billboard, as measured from the center of each sign.

A billboard shall be of all metal construction and shall provide a minimum clearance of twenty (20) feet between the lowest point of the sign and the ground beneath it. The maximum sign area shall be four hundred (400) square feet total for all faces inclusive of any border or trim, but excluding the base of apron, supports and other structural members. No billboard shall exceed fifty (50) feet in height.

Billboards shall not block the view of any on premise signs.

Freestanding signs. The structural elements of all freestanding signs shall consist of masonry, stone, wood, metal, or decorative materials, all of which shall meet the standards of the International Building Codes.

The exception following shall be added:

General business signs. Freestanding signs on any individual development site shall not exceed one hundred twenty (120) square feet in area, unless specifically allowed by this section. Freestanding signs are limited to one (1) per parcel, unless otherwise allowed by this section. Such signs shall have a minimum setback of ten (10) feet from any side lot line. The combined height of the base and sign shall not exceed thirty-five (35) feet in height.

Reader boards shall be integrated into the structure of the freestanding sign and count toward the maximum allowable display area.

Corner or double lots shall be allowed two (2) freestanding signs. The combined area of these signs shall not exceed two hundred (200) square feet.

(Exception)—For individual development sites for motor vehicle dealerships with a road frontage exceeding three hundred (300) feet, an additional sign is allowed for each three hundred (300) feet of road frontage. The total area of each sign shall not exceed one hundred twenty (120) square feet per sign and must be no closer than seventy-five (75) feet between each sign. For such businesses that own multiple nationally recognized franchises, signage for the said franchises may be displayed on one (1) sign having the total area which shall not exceed two hundred forty (240) square feet in area.

The height measurement of signs on property lying below the grade of the street shall be taken from the adjacent curb elevation or in the absence of a curb, the street centerline elevation.

Any berming or filling solely for the purpose of locating the sign shall be computed as a part of the sign height.

A summary of the sign requirements for freestanding general business signs is shown below:

Shopping center signs. For the purposes of this section, the term "shopping center" shall be inclusive of "shopping centers" and "neighborhood shopping centers" as defined in articles II and IV respectively. Additionally, for the purposes of this section, a development site, which consists of at least two (2) individual businesses, may be considered a shopping center.

Shopping centers consisting of less than twenty thousand (20,000) square feet of gross building area shall be allowed one (1) sign. The total area of said sign shall not exceed one hundred fifty (150) square feet. Said shopping centers lying on corner or double frontage lots shall be allowed two (2) freestanding signs. The combined area of these signs shall not exceed two hundred fifty (250) square feet.

Shopping centers consisting of at least twenty thousand (20,000) square feet and less than sixty-five thousand (65,000) square feet of gross building area shall be allowed one (1) sign. The total area of said sign shall not exceed two hundred fifty (250) square feet. Said shopping centers lying on corner or double frontage lots shall be allowed two (2) freestanding signs. The combined area of these signs shall not exceed three hundred seventy-five (375) square feet.

Shopping centers consisting of greater than sixty-five thousand (65,000) square feet of gross building area shall be allowed one (1) sign. The total area of said sign shall not exceed five hundred (500) square feet. Said shopping centers lying on corner or double frontage lots shall be allowed two (2) freestanding signs. The combined area of these signs shall not exceed six hundred twenty-five (625) square feet.

The combined height of the base and sign shall not exceed thirty-five (35) feet in height for shopping centers less than sixty-five thousand (65,000) square feet of gross building area and shall not exceed forty (40) feet in height for shopping centers greater than sixty-five thousand (65,000) square feet of gross building area. All shopping center signs shall be set back a minimum of ten (10) feet from any side lot line.

The height measurement of signs on property lying below the grade of the street shall be taken from the adjacent curb elevation or in the absence of a curb, the street centerline elevation.

Any berming or filling solely for the purpose of locating the sign shall be computed as part of the sign height.

A summary of the sign requirements for shopping centers is shown below:

Menu boards. A permanent sign, which is not designed or located so as to be legible from any public right-of-way, depicting products that can be purchased on the property for which it is located (i.e., fast food restaurants) and is part of a drive-through service. Menu boards must be noted on the sign permit, but the size does not count against the allowable square footage of a freestanding sign.

Off-premise signs. Off-premise signs located on any properties in the B-2 (local business district), B-3 (planned shopping center district), I-1 (light industrial district), I-2 (heavy industrial district), or I-3 (industrial park district) that are not within the highway corridor overlay district.

Real estate directional signs are permitted on private property.

Portable signs. Portable signs may be used for special promotions or events and are limited to sixty (60) days per event, two (2) times a year. Portable signs are to have a maximum size of thirty two (32) square feet and must be maintained in a high state of repair insuring all lighting elements are operative and sign facia unbroken, and all lettering complete. Flashing, strobing, or beacon-type lighting is prohibited.

Subdivision identification marker. A sign marking an entrance to a residential subdivision, office park, or industrial park. A subdivision marker shall contain no advertising other than the name of the residential subdivision, office park, or industrial park and/or the developer. No subdivision marker shall be located within the public right-of-way and must be within the perimeter of the subdivision. Size shall be limited to one hundred twenty (120) square feet in display area. A property owners association or similar organization shall be responsible for the upkeep and maintenance of the sign and the area around it.

Building signs. Building signs on any single development site shall not exceed a total of two (2) square feet per linear foot of the main or entry facade. These building sign requirements shall limit multiple unit office/commercial buildings. Prorating of allowable building signage is the responsibility of the owner or property manager, not the Ozark Planning Department.

Projecting signs. Projecting signs shall not project into the public right-of-way, except in the B-1 central business district. Signs in the B-1 district may project into a public pedestrian way no more than six (6) feet. In addition, signs are allowed on canopies in the B-1 district in accordance with city ordinance. Signs projecting over pedestrian ways shall provide a minimum of eight (8) feet vertical clearance.

Signs in the urban core may project into an alley no more than six (6) feet. Projections greater than one (1) foot and up to six (6) feet shall be reviewed and approved by the director. Signs projecting over public alleyways shall provide a minimum of sixteen (16) feet of vertical clearance.

Gas station pumps, ATM's, etc. Signs attached to features such as gasoline pumps, automatic teller machines, mail/package drop boxes, or similar on-site features shall count as part of the allowable sign area of the building signs for the site. Information contained on such features pertaining to federal and state requirements, operation/safety instructions are not counted. All other signage on such features shall count towards the allowable building sign area.

Shopping center. When determining the allowable exterior sign area for shopping centers and neighborhood shopping centers, where it cannot be determined which facade is the main or entry facade, the longest single exterior elevation of the structure shall be used.

When determining the allowable exterior sign for an individual business in a shopping center or neighborhood shopping center, where it cannot be determined which facade portion of the individual business is the main or entry facade, the longest exterior entry facade of the individual business shall be used.

When determining the allowable exterior sign area of individual mall shops or other businesses without exterior facades, the interior of entry facade width or the allowed minimum shall be used.

Multi-family residential signs. Permits are required for all signs located on multi-family residential properties. The following requirements apply to multi-family residential sites:

Wall sign—Thirty-two (32) square feet

Freestanding sign—Thirty-two (32) square feet

Allow one sign of either type at each entrance from a public street.

Billboards. Billboards are allowed only in the B-4 highway commercial district. Billboards shall not be closer than five hundred (500) feet radius to another billboard, as measured from the center of each sign.

A billboard shall be of all metal construction and shall provide a minimum clearance of twenty (20) feet between the lowest point of the sign and the ground beneath it. The maximum sign area shall be eight hundred (800) square feet total for all faces inclusive of any border or trim, but excluding the base of apron, supports and other structural members. No billboard shall exceed fifty (50) feet in height.

Billboards shall not block the view of any on premise signs.

(Ord. No. 2003-11, § 1, 11-18-03; Ord. No. 2005-7, § 1, 2-15-05; Ord. No. 2007-4, § 1, 3-20-07; Ord. No. 2007-18, § 1, 11-6-07; Ord. No. 2008-2, § 1, 2-5-08)

Compliance with building and electrical code requirements. All permanent signs and the illumination thereof, shall be designed, constructed, and maintained in conformity with the applicable provisions of the adopted building code and electrical code of the City of Ozark. Wherever there is inconsistency between this appendix and the building or electrical code, the more restrictive requirement shall apply.

Illumination standards.

Sign lighting shall not be designed or located to cause confusion with traffic signals.

Devices that illuminate a sign or signs shall be placed and shielded so that direct light shall not be cast into the eyes of pedestrians, cyclists or motorists entering or using a street, road or highway.

Placement and clearance standards.

Signs shall be located such that there is at every intersection and driveway clear sight distance for pedestrians, cyclists, and motorists traveling on or entering any street, road, or highway. The national standards for sight-distance triangles utilized by the department shall be applied to determine if a sign is creating an obstruction.

No sign structure shall be erected that impedes use of any fire escape, emergency exit, or ventilation opening.

No freestanding sign shall project into a public right-of-way.

No building sign shall project into a public right-of-way except in the B-1 central business district. Signs in the B-1 district may project over a public pedestrian way no more than six (6) feet. Signs projecting over pedestrian ways shall provide a minimum of eight (8) feet of vertical clearance.

Signs in the central business district may project into an alley no more than six (6) feet. Projections greater than one (1) foot and up to six (6) feet shall be reviewed and approved by the planning and inspection department. Signs projecting over public alleyways shall provide a minimum of sixteen (16) feet of vertical clearance.

Calculation of display area. The display area of a sign or advertising device is measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire sign or advertising device; excluding trim, frame, apron, posts, uprights, braces, or other structural members which support it.

Where a sign is double facing and only one face can be viewed from a single location on a roadway, the display area shall be the area of one sign face. Where a sign has two (2) or more faces that can be viewed from a single location, the display area of all such faces shall be included in determining the total display area of the sign.

Open-lettered sign display area shall be measured by the number of square feet in the smallest rectangle, within which all letters, logos, symbols or other elements of the sign can be enclosed, multiplied by a factor of 0.8.

When a sign is in the form of a three-dimensional object, the area shall be determined by drawing a square, rectangle, triangle, circle or combination thereof, which will encompass the projected image of the sign and multiplying that area by two (2). The "projected image" is that image created by tracing the largest possible two-dimensional outline of the sign.

Relationship to building features.

A.

Signs mounted to the structural roof or applied to the roof including painted signs are prohibited.

B.

Window signs are exempt.

Maintenance. All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the building and electrical codes adopted by the City of Ozark. All signs and their components shall be maintained in good repair, free of rust, peeling, fading, broken or cracked panels, and broken or missing letters. Vegetation must be properly maintained and no condition shall be allowed that would constitute a fire or health hazard.

Permits for permanent or portable signs.

Applicability. No person shall erect, alter, relocate, repair, or change sign without first obtaining a permit, except for the following actions which shall not require a permit:

1.

Changing the copy, announcement or message on a reader board sign;

2.

Cleaning, painting, or comparable maintenance of a sign that does not alter the size, image or message of the sign.

3.

Erecting a sign for which a permit is not required in accordance with section 3 of this article.

Procedure. All sign permits shall be procured in accordance with the following procedure:

1.

A written application shall be submitted to the department for review and processing. The department, only upon determination that all requisite documentation and fees accompany the application form, will accept the application. The application shall include supplementary information as may be specifically requested by the department to determine compliance with these regulations.

2.

The department shall review the application, plans, and specifications to determine whether the proposed sign conforms to all applicable requirements of these regulations.

3.

Following review and determination as to conformance with these regulations, the department shall either approve or deny the application for the sign permit. In case of denial, the department shall specify the section or sections of these regulations with which the proposed sign is not in conformance.

Submission requirements. No request for a sign permit shall be considered complete until all the following have been submitted to the department:

1.

The application form shall be submitted with all required information completed by the applicant. The application form is available from the department.

2.

Plans and specifications for the proposed sign shall be submitted, drawn to scale, and include the following:

a.

Site plan of development site showing location of any freestanding sign(s) including any easements, public rights-of-way, property lines, buildings, sight distance triangles and other signs on the property;

b.

Main or entrance facade including linear dimension;

c.

Dimensions and elevations (including message) of all signs;

d.

Dimensions of any supporting structures;

e.

Maximum and minimum height of sign, as measured from finished grade;

f.

For illuminated signs, indicate type and placement of illumination;

g.

Inventory of number, type, location, and display area of all existing signs on the same property and/or building on which the sign is to be located.

3.

The applicant shall be required to pay an application fee according to the current schedule of fees established by the Ozark City Council for the particular category of application. This fee is nonrefundable irrespective of the final disposition of the application.

4.

A sign permit shall be valid for a period of one hundred eighty (180) days after issuance. Failure to place the sign within the allotted time period shall void the permit and necessitate reapplication.