For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

A.

Area: The surface space of a sign, measured by its maximum projection or angle of interference with sight within a single continuous perimeter containing the sign message together with any frame, material, or color forming an integral part of the display, not including support structures.

B.

Billboard: A sign advertising services or activity at a location other than where billboard is located.

C.

Copy: The wording or message of a sign, including the surface upon which the wording or message is attached.

D.

District: A zoning district established in Chapter 1-1 of this Article, the boundaries of which are determined by reference to the zoning map.

E.

Erect: To build, construct, alter, repair, display, relocate, attach, hand, place, suspend, affix, or maintain any sign, and shall also include the painting of exterior walls signs.

F.

Freestanding Sign: A sign not attached to building on the lot.

G.

Height: The vertical distance measured from the ground level to the top of a sign, inclusive of berms and embankments.

H.

Nonconforming Sign: A sign in noncompliance with applicable number, area, height, setback, code, or specification regulations, but which lawfully existed on August 25, 2003.

I.

Person: Any person, tenant, firm, partnership, association, corporation, company, institution, or organization of any kind.

J.

Political Sign: A sign concerning candidates for political office or involving a ballot issue.

K.

Projecting Sign: A sign extending outward from a building.

L.

Roof Sign: A sign erected upon or over the roof or parapet of any building and supported in whole or in part by the building.

M.

Sign: A name, identification, image, description, display, illustration which is affected to, painted, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to any object, product, place, activity, service, event, attraction, person, institution, organization or business, and which is visible from any street, right-of-way, sidewalk, or alley. For purposes of removal, Signs shall also include all sign structures.

N.

Wall Sign: A sign affixed to or painted on or otherwise inscribed on the front, rear, or side of any building in an essentially flat position. A sign erected upon the side of a roof having a slope greater than forty-five degrees (45°) from the horizontal shall be considered a wall sign.

A.

It is hereby determined that regulation of the location, size, placement, and certain features of signs is the property, and to assure the continued attractiveness of the community and protect property values.

B.

It is further determined that signs which may lawfully be erected and maintained under the provisions of this chapter are consistent with ordinary usage; and that signs which may not lawfully be erected or maintained under the provisions hereof are not consistent with customary usage, are an abuse thereof, and are an unwarranted invasion of the right of legitimate business interests and of the public.

A.

The provisions of this chapter shall apply to the display, construction, erection, alteration, use, location, and maintenance of all signs within the City. It shall be unlawful hereafter to display, construct, erect, alter, use, or maintain any sign, except in conformance with provisions of this chapter.

B.

This chapter shall not apply to:

1.

The changing of the copy on a legal sign; or

2.

Painting, repainting, cleaning, or other normal maintenance and repair of a sign or a sign structure unless a structural change is made.

A.

The provisions of this chapter, in their interpretation and application, shall be held to be minimum requirements adopted for the promotion of public health, safety, morals, or general welfare.

B.

Whenever the requirements of this chapter are in conflict with the requirements of any lawfully adopted rules, regulations, ordinances, deed, restrictions or covenants, the most restrictive or that imposing the higher standard shall govern.

A.

It shall be unlawful to erect any sign without first filing with the City Inspector an application in writing and obtaining a sign permit, except as hereinafter provided.

B.

The following signs shall not require the issuance of a sign permit. The signs must comply with all other building, structural, and electrical codes of the City, and with the requirements contained herein:

1.

One (1) construction sign per construction project not exceeding thirty-two (32) square feet in area in residential districts or sixty-four (64) square feet in area in commercial or industrial districts (the signs shall not be erected more than five (5) days prior to the beginning of construction for which a building permit has not issued, shall be located on the site of construction, and shall be removed prior to the City issuing a certificate of occupancy);

2.

Signs providing direction or instruction, which are located entirely on the lot which they serve, do not in any way advertise a business, and do not exceed four (4) square feet in area;

3.

The flags, emblems, or insignia of any government;

4.

Signs of a non-commercial nature and in the public interest, which are required by law, or which are erected by or on the order of a public officer in the performance of his or her public duty, including but not limited to safety signs, danger signs, trespassing signs, memorial plaques, and signs of historical interest;

5.

Memorial signs or tablets which are made an integral part of building names of buildings, or dates of erection, when cut into any masonry surface, inlaid so as to be part of the building or which are cast in bronze or other metal;

6.

Signs for home occupations which are not illuminated, do not exceed two (2) square feet in area, are attached flat against the building, and announce only the name and occupation on the lot;

7.

Political signs, provided:

i.

The signs shall not be erected more than forty-five (45) days prior to the election; and

ii.

The signs shall be removed within fifteen (15) days following the election.

8.

One (1) real estate sign on any lot frontage provided the sign is located on the lot to which the sign applies, is not illuminated, and does not exceed six (6) square feet in area (signs up to sixty-four (64) square feet may be erected on lots abutting arterial streets and on commercial and industrial zoned properties);

9.

Signs not exceeding three (3) square feet in area advertising garage sales, provided:

i.

The signs are not posted more than four (4) days before the sale and are removed no more than two (2) days after the sale; and

ii.

The signs are not posted on any curb, sidewalk, utility post or pole, hydrant, bridge, tree, or other surface located on public property, or over or across the traveled portion of any public right-of-way.

10.

Signs painted on windows;

11.

Community promotional banners erected in the public right-of-way pursuant to specific authorization issued by the City Council meeting the following criteria:

i.

All banners shall be of uniform size and shape so as to install on standard brackets located and installed by the City.

ii.

The maximum time any banner may be displayed shall be specified in the authorization granted by the City Council.

iii.

The wording of the banners must be specified in the authorization granted by the City Council, and such wording shall be messages of general public benefit to the City and its citizens, including but not limited to advertisement of special public events or promotions of the community.

iv.

Any commercial sponsorship of the banners may be indicated thereon, provided all commercial logos or wording shall not exceed twenty-five percent (25%) of the total surface area per side of the banners.

v.

The banners shall be constructed in a workmanlike manner of materials capable of withstanding wind and to resist deterioration from natural elements.

vi.

The City shall have the right to prohibit where necessary to protect the health, safety, and welfare of the public.

vii.

The signs shall be maintained in good condition by the applicant, and the City reserves the right to withdraw the limited license upon notice to applicant if the banner is not maintained.

C.

The application for a permit shall be in writing and accompanied by the following information:

1.

A site plan and elevation drawing of the proposed sign;

2.

Type and size of sign, including wind-load specifications and calculations;

3.

The materials with which the sign is to be constructed;

4.

The height of the sign; and

5.

The information to be contained on the sign.

D.

The City Inspector shall approve sign permits in writing. Approval shall be entered upon the original permit application and maintained in the files of the City Inspector.

E.

Before a permit is issued the applicant shall pay to the City Clerk a fee as prescribed. The fee shall not be refunded upon the revocation of a permit pursuant to the provisions of this chapter.

F.

All signs shall be subject to inspection by the City Inspector. Footing inspections may be required on the day of excavation for all free-standing signs. The City Inspector may, within forty-eight (48) hours after being notified that the sign is ready for inspection, also required inspection of electrical signs before erection. It shall be the duty of the owner, contractor, or permittee to inquire with the City Inspector as to the times or stages that inspection shall be required, and advise the engineering and inspection department when the owner, contractor, or permittee is ready for inspection.

G.

It shall be unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of a sign permit without prior approval of the City Inspector. If the City Inspector finds that work under any permit is not in accordance with the information supplied in the permit application, or is in violation of this or any other pertinent ordinance, or should he/she find that there has been any misrepresentation in connection with the application for the permit, the Inspector shall notify the sign owner or erector of the findings and that violation must be corrected without delay. If the correction is not made, the City Inspector shall revoke the permit and service thereof upon the sign owner or erector. No person shall proceed with any part of the work after the notice is received.

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.

Except as otherwise specifically provided in this chapter, the type, number, location, area, height, and use of signs in the City shall conform to the requirements set forth in Appendix 1.

All signs shall comply with applicable provisions of the Building Code and Electrical Code of the City.

In addition to all other requirements of this chapter the following specifications shall apply:

A.

No sign shall be erected, constructed, or maintained so as to obstruct any fire escape, required exits, windows, or door opening used as a means of egress.

B.

No sign shall be attached in any form, shape, or manner which will interfere with any opening required for ventilation.

C.

All illuminative elements of electric signs shall be kept in satisfactory working, condition or immediately repaired or replaced.

D.

Lighting fixtures for externally lighted wall signs may extend up to seven (7) feet beyond the sign face. The fixtures shall not be less than fifteen (15) feet above any public right-of-way.

E.

No sign, nor more than two (2) structural supports with a combined width or diameter exceeding twelve (12) inches shall be located within, project into, or overhang the sight triangle at a corner between the heights of two (2) feet and eight (8) feet above the crown of the street measured at the center of the intersection.

F.

All signs, except those attached flat against the wall of a building, shall be constructed to withstand wind loads of not less than forty (40) pounds per square foot of area.

The following signs are prohibited:

A.

Ribbons, streamers, captive balloons, string of light bulbs, spinners, or other similar devices except the devices, when attached solely to the building, the same may be erected for a 30-day period, not exceeding three (3) periods per year. There shall be at least sixty (60) days between the 30-day periods, and a permit shall be obtained for each separate period prior to installation.

B.

Strobe or rotating lights.

C.

Signs or other lighting devices which are arranged so as to beam, flash, reflect, or illuminate upon a public street, sidewalk, or adjacent premises in a manner constituting a traffic hazard or nuisance.

D.

Signs which emit audible sound or odor.

E.

Portable or wheeled signs, including signs mounted on a support structure originally designed to be portable or to have wheels. This shall not be interpreted to prohibit lettering on motor vehicles; and provided a portable sign shall be allowed for one 30-day period each calendar year.

F.

Signs or advertising devices attached to or located on a vehicle or trailer for the primary purpose of providing advertisement of products, or directing people to a business or activity located on the premises.

G.

A-frame or sandwich board, sidewalk, or curb signs.

H.

Signs which are located on any curb, sidewalk, utility post or pole, hydrant, bridge, or other surface located on public property, except community banners authorized under Section 1-3A-5.

I.

Signs which obstruct free ingress to or egress from a required door, window, fire escape, or other required exit way.

J.

Signs which are erected on or project into or over any public right-of-way, except a sign for which a permit has been issued in conformance with the requirements of this chapter, and except community banners authorized under Section 1-3A-5.

K.

Signs facing onto residential districts unless separated by a public right-of-way. This prohibition shall not include projecting or free-standing signs located between the building and the street right-of-way at the locations permitted in Section 1-3B-1.

L.

Signs or sign structures which:

1.

In any way obstruct the view of, may be confused with, or purport to be an official traffic sign, signal or device, or other official sign.

2.

Use any words, phrases, symbols or characters implying the existence of danger or the need for stopping or maneuvering of a motor vehicle.

3.

Create in any other way an unsafe distraction for motor vehicle operators.

4.

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

M.

Signs or sign structures which are structurally unsafe or are capable of causing electrical shocks to persons likely to come in contact with the same.

N.

Signs which bear or contain statements, words, or pictures of an obscene, pornographic, or immoral nature.

O.

Signs which advertise an activity, business, product, or service no longer conducted or available on the lots upon which the signs are located.

P.

Signs not on the lot which they serve, or any other signs not pertinent and clearly incidental to the permitted use on the lot where located with the following exceptions:

1.

Signs of religious, institutional, and public uses.

2.

Signs inside spectator sports facilities.

3.

Signs located on property zoned agricultural, commercial, or industrial where the sign location is leased from the owner of the property, and the sign complies with all provisions of this Ordinance. Any sign placed on property other than where the advertiser's use is located shall be used in computing the total sign size and number of signs allowed on the property where the sign is located.

A.

No person shall suffer or permit any sign, whether conforming or nonconforming, to become or constitute a hazard to health or safety by reason of dilapidation, destruction, or improper or inadequate maintenance.

B.

It shall be the affirmative duty of those having control over the signs to keep or bring the same into compliance with this chapter.

A.

Nonconforming signs may be continued, maintained, and repaired except as otherwise provided in this chapter.

B.

A nonconforming sign shall not be enlarged, modified, or relocated in any manner increasing the extent to which the sign was in noncompliance with the regulations of this chapter prior to the enlargement, modification, or relocation.

C.

A nonconforming sign shall not be used or rebuilt, except in compliance herewith, whenever:

1.

The lot or building space served by the sign has been occupied for a continuous period of one (1) year; or

2.

The sign has been destroyed, intentionally or unintentionally, to the extent that the estimated expense of reconstruction exceeds fifty percent (50%) of the appraised replacement cost as determined by the City Inspector.

Cross reference— See Appendix 1 of this Zoning Code for Types of Signs Permitted.