The purpose of this article is to provide minimum control of signs in the city; to promote the health, safety and general welfare by lessening hazards to pedestrians and vehicular traffic; by preserving property values; by preventing unsightly and detrimental development which has a blighting influence upon residential, business and industrial uses; by preventing signs from reaching such excessive size or numbers that they obscure one another to the detriment of all concerned.

(Ord. No. 308, § 1, 11-21-1988)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Billboard sign means a nonpoint of sale sign which directs attention to a business, commodity, service or entertainment, sold or offered for sale at a location other than the premises on which such sign is located.

Bulletin board means a sign which identifies an institution or organization on the premises of which it is located and which contains the name of the institution or organization, the name of individuals connected with it, and general information or announcements of events or activities occurring at the institution or similar messages.

Business sign means a sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located.

Changeable copy sign (electronic) means a sign that is designed so that characters, letters or illustrations can be electronically changed or arranged without altering the face or the surface of the sign.

Changeable copy sign (manual) means a sign that is designed so that characters, letters or illustrations can be manually changed or arranged without altering the face or the surface of the sign.

Construction sign means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Directory sign means a sign on which the name and location of occupants or the use of a building is given. This shall include office buildings and church directories.

Erect means to build, construct, attach, hang, place, suspend, or affix and shall include the painting of wall signs.

Ground sign means any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

Identification sign means a sign giving the nature of the business, logo, trademark or other identifying symbol; address; or building, business, development or establishment on the premises where it is located.

Illumination sign means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

(1)

Indirect light. One reflecting light from a separate outside source aimed toward it, including silhouettes on a background or reflected light.

(2)

Direct light. One emitting light from a source within or affixed to the sign face, and beaming outward from it.

(3)

Intermittent light. Any flashing, traveling light, including arrangements that spell messages, simulate motion or form various symbols or images.

Location means any lot, premises, building, structure, wall, or any place whatsoever upon which a sign is located.

Off-premises sign means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered for sale at a location other than the premises on which the sign is located. (See Billboard sign.)

On-premises sign means a sign which advertises only goods, services, facilities, events or attractions available on the premises where located, or identifies the owner or occupant or directs traffic on the premises.

Permanent sign means a sign structure which is, and was originally designed, constructed, and intended to be permanently affixed to a building or structure, or to the ground.

Person means any individual, performer, firm, partnership, association, corporation, company or organization, singular or plural, of any kind.

Portable sign means an on-premises sign that is not permanently affixed to a building, structure or to the ground.

Premises means a lot or tract of land upon which [a] sign is located or is to be located.

Projecting sign means any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

Real estate sign means any sign which is used to offer for sale, lease, or rent the property upon which the sign is located or placed.

Sign means a name, identification, image, description, display or illustration which is affixed to, painted on, or represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, facility, service, event, attraction, person, institution, organization or business and which is visible from any street right-of-way, sidewalk, alley, park or other public property. Customary displays of merchandise or objects and material without lettering placed behind a store window are considered signs or parts of sign.

Sign area means that area enclosed by one continuous line, connecting the extreme points or edges of a sign. The area shall be determined by using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign, are to be included in computing sign area. On a two-sided sign, only one face is counted in computing sign area.

Sign face means the surface of a sign devoted to one message.

Spacing of signs means the distance between signs measured from points directly opposite the signs along the nearest edge of the pavement or roadway edge of the main thoroughfare or travelled way of the street or thoroughfare to which such signs are directed.

Temporary sign means any sign not originally designed, constructed or intended to be permanently affixed to a building, structure or the ground. Temporary signs shall be removed by the parties posting or erecting them, and where stipulated, within the specified time period.

Temporary subdivision sign means a temporary sign advertising the sale of property in an approved subdivision.

Wall sign means any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by such wall or building and which displays only one advertising surface.

Window sign means any sign placed inside or upon a window facing the outside and which is intended to be viewed or seen from the exterior. Customary displays of merchandise or objects and material without lettering placed behind a store window are not considered signs or parts of signs.

(Ord. No. 308, § 2, 11-21-1988)

Cross reference— Definitions generally, § 1-2.

Any person found to be in violation of any of the provisions of this article shall be given 30 days' notice to remedy such violation as specified in section 98-686. Moreover, violations shall be subject to the provisions of section 98-47 and section 98-47.

(Ord. No. 308, § 21, 11-21-1988)

It is the intent of this article to eventually eliminate all nonconforming signs within the city either through measures designed to eventually bring them into compliance with the provisions of this article or by their removal. The following provisions shall apply to all nonconforming signs and/or advertising structures. All nonconforming signs that existed at the time of the adoption of the ordinance from which this article is derived shall be allowed to remain as they were at the time of the adoption of the ordinance from which this article is derived subject to the following:

(1)

No sign and/or advertising structure that had been erected in violation of any previously existing sign ordinance shall by virtue of the adoption of this article, become conforming. Moreover, no nonconforming sign, shall by virtue of its nonconforming status, be allowed to remain in an unsafe condition, either in terms of placement or operating conditions.

(2)

No nonconforming sign shall be reestablished after damage or destruction if the estimated expense for reconstruction exceeds 50 percent of the reproduction cost, without meeting the requirements for signs located in the district in which such sign is located.

(3)

No nonconforming sign shall be changed to another nonconforming sign.

(4)

No nonconforming sign shall be replaced with another nonconforming sign when such sign deteriorates due to age and use to the point where replacement of the sign is required.

(5)

In any event, all nonconforming signs shall lose their lawful status within ten years of the date of the adoption of the ordinance from which this article is derived, except for portable signs, which shall conform within one year from the effective date of Ordinance No. 308.

(Ord. No. 308, § 22, 11-21-1988)

In any zoning district, the following general regulations shall apply:

(1)

No sign shall be erected or maintained at any location where by reason of its position, working, illumination, shape, symbol, color, form or character it may obstruct, impair, obscure, interfere with the view of, or may be confused with any authorized traffic sign, signal or device, or interfere with, mislead, confuse or disrupt traffic safety or flow.

(2)

Signs incorporating any noisy mechanical device (whistles, horns, sirens, or any other noisy audible devices) are expressly prohibited.

(3)

No sign of any type or foundation or support thereof shall be placed in a public street or highway right-of-way, nor placed in any location which would interfere with or block the visibility of motorists, thereby creating a traffic safety hazard.

(4)

No sign having flashing, traveling or animated [or] illumination shall be permitted in any zone district of the city, except for permanent signs located in commercial zone districts, giving public service information such as, but not limited to, the time, date, temperature, news or weather.

(5)

The area around all ground signs and freestanding signs shall be kept clean and clear of trash and litter and shall present a neat and clean appearance. It shall be the responsibility of the sign owner/lessor/lessee or property owner to maintain all signs in a safe and proper operating manner at all times.

(6)

Signs attached to or painted onto a vehicle parked on a public street or thoroughfare for the sole purpose of advertising are prohibited.

(7)

Signs attached to trees, utility poles, street lights or placed on any public property are prohibited except as may be expressly authorized by city ordinance.

(8)

All signs shall conform with the Southern Standard Building Code, chapter XXIII (§ 3108, 1997 Ed. Std. Blg. Code), which provides a comprehensive set of construction standards for signs. These specifications include wind loads, vibration resistance, seismic loads, acceptable supports, allowable stresses, materials and electrical wiring.

(Ord. No. 308, § 3, 11-21-1988)

Except as otherwise provided, the following signs are exempt from sign permit requirements and from the provisions of this article; subject, however, to meeting all applicable regulations and codes, as well as established city policy concerning any of these signs:

(1)

Permanent or temporary signs required to be posted by law.

(2)

Permanent or temporary warning signs and no trespassing signs.

(3)

Permanent or temporary signs established by, or by order of any governmental agency or body.

(4)

Signs indicating bus stops, taxistands, and similar transportation facilities.

(5)

Signs giving information concerning the location or use of accessory off-street parking facilities or loading or unloading facilities.

(6)

Permanent or temporary signs required for the control of vehicular or pedestrian traffic.

(7)

Temporary holiday signs, displays and decorations, subject to established city policy.

(8)

Routine sign maintenance and repair, including the changing of copy on changeable copy signs.

(9)

Decorative flags and bunting for a citywide celebration, conventions, and commemorations when authorized by the city for prescribed time periods.

(10)

One construction sign per street frontage located on property where building is actually in progress under a current building permit. This shall be a ground sign not to exceed 24 square feet in area, be nonilluminated, and may include the names of persons and firms performing services, labor or supplying materials to the premises. Such sign must be removed before a certificate of occupancy is issued.

(11)

Flags, banners or insignias of a governmental, religious, charitable or fraternal organization subject to established city policy.

(12)

Window signs located in commercial zone districts, which identify or advertise activities, services, goods or products available within the building, and which collectively cover 20 percent or less of the window glass surface area.

(13)

Temporary nonilluminated political signs and campaign posters, provided they conform with section 98-675(7). In addition, such signs and posters shall be removed within 48 hours after the election to which they pertain by the person or persons posting or erecting them.

(14)

Signs which advertise garage or yard sales, teas and showers, the sale of personal property, and similar activities subject to the provisions of section 98-675(7). In addition, these signs shall be removed within 24 hours after the end of the event of sale to which they pertain by the person or persons posting or erecting them. These signs shall not be illuminated in any manner.

(15)

Temporary nonilluminated signs, located in residential districts, pertaining to agricultural products raised on the premises, subject to section 98-675(7).

(16)

Temporary, nonilluminated real estate signs which are used to offer for sale, lease, or rent the lot/house upon which said signs are located.

(17)

Fuel price informational signs, in any district in which gasoline sales are permitted, signs advertising the price of motor vehicle fuel sold from a fuel dispenser located on the premises, including logos and advertising signs attached to, or painted onto, the fuel dispensers themselves.

(18)

Directory signs located inside the building giving the names and locations of the occupants therein.

(Ord. No. 308, § 4, 11-21-1988)

The following types of signs are permitted in the residential zone districts of the city, subject to specified requirements, unless otherwise provided for elsewhere in this article. Also, see sections 98-675 and 98-676 relative to regulations applying to all signs and exempt signs.

(1)

Nameplates. For single-family, two-family and multifamily dwelling districts: Nameplates, not to exceed two square feet in area shall be permitted for each dwelling unit. Such nameplates shall indicate nothing more than the name and address of the premises, occupants thereof, announcements, etc. Such nameplates shall not be illuminated.

(2)

Professional signs. Professional signs for home occupations, where permitted, shall not exceed two square feet in area. Such signs may be either wall-mounted or ground-mounted and shall not be illuminated. If such sign is ground-mounted, such sign shall not be located closer than ten feet from the pavement edge or the edge of the street or thoroughfare to which the sign is directed.

(3)

Temporary ground signs, nonilluminated, advertising yard sales, garage sales or the sale of personal property. Such temporary signs shall not exceed four square feet in area and shall not be located any closer than ten feet from the pavement edge or the edge of the street or thoroughfare to which such sign is directed.

(4)

Temporary ground subdivision signs, which are nonilluminated. Such temporary signs shall be limited to one each at the principal entrance to the subdivision and located along the main traffic thoroughfare leading to the development. Such sign shall not exceed 24 square feet in area and shall be maintained only during such time as some portion of the property is unsold. Such sign shall be located at least ten feet from the pavement edge or edge of the street or thoroughfare to which it is directed.

(5)

Permanent nonilluminated subdivision ground signs, which may include a masonry wall, landscaping and other similar materials or features, designed and intended to form a display for neighborhood or subdivision identification. Such permanent signs shall be limited to one at the principal entrance to the subdivision and located along the main traffic thoroughfare leading to the development. Such sign shall not exceed 42 square feet in area and shall be located not closer than 15 feet from the pavement edge of the street or road to which it is directed.

(6)

For multiplefamily or group dwellings. Identification signs, not to exceed nine square feet in area, shall indicate nothing more than the name and address of the premises, and name of the management. Such signs shall be attached flush with the principal building and may not be illuminated.

(7)

Permanent church, school or public building bulletin boards or identification signs, including manually operated changeable copy signs. Such permanent signs shall not exceed 42 square feet in area. Such signs may be illuminated and shall not be located any closer than 15 feet from the pavement edge or edge of the street or thoroughfare to which the sign is directed.

Note: Billboards, portable signs and signs containing animated, traveling or flashing lights are prohibited in all residential zone districts of the city. However, the type of signs listed in subsection (7) of this section may be permitted, provided that no traveling or flashing illumination is utilized.

(Ord. No. 308, § 5, 11-21-1988)

Those signs permitted in district B-1 are as follows: freestanding, on-premises signs, limited to one such sign per street frontage of a lot, regardless of the number of businesses on the lot. These may include:

(1)

Permanent pole-mounted, on-premises signs, both illuminated and nonilluminated. Such signs shall not exceed 120 square feet in sign area and shall not exceed a maximum of 35 feet in height measured from the ground level to the highest point on the sign. Moreover, such signs shall have a minimum clearance of ten feet from the ground level to the lowest point on the sign face and shall not be located closer than 15 feet from the pavement edge or the edge of the road to which it is directed. However, notwithstanding any of the above, no ground-mounted sign shall, at any time, be placed in [a] public right-of-way.

(2)

Permanent on-premises ground signs (illuminated and nonilluminated) which may include a masonry wall, landscaping and other similar features designed and intended to form a display for office and/or tenant identification. Such signs shall not exceed 48 square feet in sign area and shall be located a minimum of 15 feet from the pavement edge or roadway edge to which such sign is directed. However, notwithstanding any of such requirements, no ground sign shall at any time, be placed on [a] public right-of-way.

(3)

Wall signs, either illuminated or nonilluminated, which are attached flush with the front of the building. Such signs shall not extend more than two feet above the lowest point of the roofline and shall not project more than 12 inches beyond the wall surface upon which it is mounted.

(4)

Projecting signs, either illuminated or nonilluminated, which are attached to the wall of the building it serves. Such signs shall not project more than 36 inches from the face of the building upon which it is mounted and shall have a minimum clearance of ten feet above the sidewalk, measured from the ground level or sidewalk level to the lowest point on the sign.

Note: Each lot shall be limited to one ground-mounted, freestanding sign per street frontage as specified in subsections (1) and (2) of this section, in addition to one of the two types of signs specified in subsections (3) and (4) of this section. One portable sign per street frontage of a lot may also be permitted subject to the requirements of section 98-682.

(Ord. No. 308, § 6, 11-21-1988)

The following signs are permitted in the B-2 commercial district, subject to specified choices and requirements: Also, see section 98-675 for regulations applying to all signs and section 98-676 for exempt signs. Those signs permitted are as follows:

(1)

Permanent pole-mounted, on-premises signs, both illuminated and nonilluminated. Such signs shall not exceed 175 square feet in sign area and shall not exceed a maximum of 35 feet in height, measured from the ground level to the highest point on the sign. Moreover, such signs shall have a minimum lowest point on the sign face and shall not be located closer than 15 feet from the pavement edge or roadway edge to which it is directed. However, notwithstanding any of the provisions of this subsection relating to placement, no ground-mounted sign shall, at any time, be placed on [a] public right-of-way.

(2)

Permanent on-premises ground signs as listed in section 98-678(2).

(3)

Wall signs as listed in section 98-678(3).

(4)

Projecting signs as listed in section 98-678(4).

(5)

Billboards subject to section 98-681.

(6)

Portable signs subject to section 98-682.

Note: Each lot shall be limited to one ground-mounted, freestanding sign per street frontage as specified in subsections (1) and (2) of this section, in addition to one of the two types of signs specified in subsections (3) and (4) of this section. One portable sign per street frontage of a lot may also be permitted subject to the requirements of section 98-682.

(Ord. No. 308, § 7, 11-21-1988)

In the M-2 heavy industrial district, those signs that are permitted in districts B-1 and B-2 are permitted in the M-2 district, subject to the same choice provisions relative to sign types, plus:

(1)

Billboards subject to section 98-681.

(2)

Portable signs subject to section 98-682.

(Ord. No. 308, § 9, 11-21-1988)

When permitted, billboards shall be subject to the following requirements:

(1)

No billboard or off-premises signs shall be erected closer than 100 feet from a residential zone district, as measured from the nearest edge of the sign.

(2)

Any illumination of a billboard shall be of an indirect type and shall not face toward any residential area nor reflect lighting in any direction other than toward the sign face itself.

(3)

No portion of any billboard or off-premises sign shall project over or encroach upon any public property or public right-of-way.

(4)

No billboard or off-premises sign structure shall be erected or maintained closer to another sign than the following prescribed distances:

a.

Interstate highways. One thousand, five hundred feet between sign structures on the same side of the highway or thoroughfare.

b.

All other streets. Seven hundred and fifty feet between sign structures located on the same side of the street or thoroughfare.

(5)

No billboard or off-premises sign structures shall exceed the following specified size and height requirements for specific types of thoroughfares:

a.

Interstate highways. The maximum sign area shall not be more than 800 square feet, including embellishments, nor exceed 30 feet in height for an elevated grade, nor 40 feet in all other locations.

b.

All other streets. The maximum sign area shall not be more than 300 square feet, including embellishments, nor exceed 25 feet in height for an elevated grade, nor 30 feet for all other locations.

c.

Setbacks. The front setback for such signs shall be 15 feet from the street or road right-of-way but in no case closer than 35 from the centerline of the street or thoroughfare. The side setback shall be the minimum side yard requirements for the district in which such sign is located.

(Ord. No. 308, § 10, 11-21-1988)

Where permitted, portable signs shall be limited to one such sign per street frontage of a lot, regardless of the number of businesses on the lot, provided that they comply with the following regulations:

(1)

They shall not contain flashing or traveling lights.

(2)

No portable sign shall contain lights that utilize those colors used by fire department vehicles, law enforcement vehicles, emergency medical vehicles, or other official vehicles. This shall include the following colors: red, blue, yellow and orange.

(3)

All portable signs shall be set back at least 15 feet from the pavement edge of a public road, street or thoroughfare to which it is directed. However, notwithstanding any of the provisions of this subsection, at no time shall these signs be placed on a public right-of-way.

(4)

Where permitted, each portable sign shall be allowed to remain in place no longer than six months of any calendar year, which periods must be specified upon the application for a permit.

(5)

Portable signs shall be situated in such a manner so as not to impede or interfere with motorists' vision at points of ingress and egress.

(6)

No portable sign shall exceed 100 square feet in sign area.

(Ord. No. 308, § 11, 11-21-1988)

Upon completion of work, the applicant shall arrange for the building inspector to conduct an inspection for compliance with this article including the provisions of section 98-675(8).

(Ord. No. 308, § 17, 11-21-1988)

Except as otherwise provided for in this article, any sign that is located on property which becomes vacant and is unoccupied for a period of six months or more, or any sign which pertains to a business, time, event or purpose which no longer applies, shall be deemed to have been abandoned. Permanent signs applicable to a business temporarily suspended because of a change in ownership or management shall not be deemed abandoned unless the property remains vacant for a period of nine months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises on which it is located.

(Ord. No. 308, § 18, 11-21-1988)

No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the owner of the premises within the time period specified in section 98-686.

(Ord. No. 308, § 19, 11-21-1988)

The building inspector shall, after a proper inspection and determination, cause to be removed any sign that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally deficient sign, or a sign for which no permit has been issued. To this end, the building inspector shall prepare a notice which shall describe the sign and specify the violations involved and which shall state that, if the violations are not corrected within 30 days, the sign shall be removed in accordance with the provisions of this article. All notices mailed by the building inspector shall be sent by certified mail, return receipt requested. Any time periods provided for in this section relative to compliance shall be deemed to commence on the date of the receipt of the certified mail return receipt. All notices shall be mailed to the owner of the property on which the sign is located as shown on the latest available tax maps and/or the owner of the sign itself.

(Ord. No. 308, § 20, 11-21-1988)

Except as otherwise provided for in section 98-676, it shall be unlawful for any person to erect, construct, enlarge, move, alter or convert any sign in the city or cause the same to be done, without first obtaining a sign permit for each sign from the building inspector as required by this article.

(Ord. No. 308, § 12, 11-21-1988)

Prior to erecting, relocating, enlarging or converting any regulated signs, an application for a permit shall be made to the city building inspector upon a form provided by the building inspector and shall be accompanied by such information as may be required to ensure compliance with all appropriate laws and regulations of the city, including:

(1)

The name, address and telephone number of the owner or persons entitled to possession of the sign and of the sign contractor or erector.

(2)

The location by street address of the proposed sign structure.

(3)

Drawings showing the dimensions, supporting members, size, height, electrical wiring and components, materials of the sign and method of attachment or mounting.

(4)

The proposed location of the sign in relation to the building or development it is to serve.

(5)

The proposed location of the sign in relation to the boundaries of the lot or tract of land upon which it is to be situated, including the distance to the pavement edge and right-of-way of the street or thoroughfare to which such sign is to be directed.

Note: When a sign permit has been issued by the building inspector, it shall be unlawful to change, modify, alter or otherwise deviate from the terms or conditions of such permit without prior approval of the building official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the building official.

(Ord. No. 308, § 13, 11-21-1988)

When a permit is denied by the building inspector, he shall give notice to the proper applicant of the denial with a written statement of the reason or reasons for the denial. Such statement shall be made as an attachment to the permit application.

(Ord. No. 308, § 14, 11-21-1988)

Appeal may be taken to the board of adjustment upon denial by the building inspector to issue a building permit.

(Ord. No. 308, § 15, 11-21-1988)

Application for permits shall be filed with the building inspector, together with a permit fee, as specified by the building inspector for each sign in accordance with this article. Building permit fees for signs shall be determined in the same manner as other building permits issued by the city.

(Ord. No. 308, § 16, 11-21-1988)