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Ponca City City Zoning Code

CHAPTER 12

SIGN REGULATIONS1

11-12-1: STATEMENT OF PURPOSE AND INTENT:

   A.   The purposes of this chapter include, but are not limited to:
      1.   Create a comprehensive system for the regulation of signs within the city.
      2.   Serve the public interests in community aesthetics and safety.
      3.   Reduce the visual clutter that can result from inappropriate signage.
      4.   Assure that the integrity and nature of residential, commercial and industrial areas are protected from the proliferation of excessive signage.
      5.   Ensure adequate opportunity for persons to exercise their right of free speech by display of messages on signs.
      6.   Provide sufficient opportunities for identification of businesses, establishments, and residences.
      7.   Provide for signage which is informative in nature.
      8.   Protect and preserve the character of residential areas by prohibiting commercial signage in such areas, except as required by state law or applicable judicial decisions.
      9.   Establish procedures to allow the continued use, maintenance, and repair of nonconforming historic signs that preserve locally recognized values of community appearance or that reflect unique characteristics of development. (Ord. 6195, 12-8-2014)

11-12-2: REGULATORY SCOPE:

The provisions of this chapter shall apply to the installation, alteration, location, and maintenance of all signs as defined herein, which are located or installed within the corporate limits of the city, but not on city owned property or public rights of way. (Ord. 6195, 12-8-2014)

11-12-3: DEFINITIONS:

   A.   As used in this chapter, the following terms shall have the meanings given in this section:
    A-FRAME SIGN: A temporary sign which resembles the shape of the letter "A" in profile view, also referred to as a "sandwich board", "sidewalk board" or "curb sign".
   ABANDONED SIGN: A sign located on property which becomes unoccupied or unused for a period of six (6) or more consecutive months, or any sign which pertains to a business, product, service, event, or purpose which no longer applies, or a sign structure void of any sign copy and/or panels.
   ALTERATION: Any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
   ANIMATED SIGN: A sign employing actual motion or the illusion of motion. Animated signs include the following types:
      1.   Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input. The definition includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
      2.   Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
   APARTMENT SIGN: A ground sign containing the name of and/or information about a multi-family dwelling.
   AWNING SIGN: A wall sign consisting of cloth, plastic, or other nonstructural covering that either is permanently attached to a building or can be raised or retracted to a position against the building.
   BANNER SIGN: A temporary sign usually of cloth, paper, plastic, light metal, wood, or other materials that is attached to the ground, to a freestanding sign, or is mounted to a building.
   BENCH SIGN: Any advertising attached to or painted on a bench that is located immediately adjacent to and abutting a building for the purpose of providing seating for customers or citizens.
   BILLBOARD: See definition of Off Premises Advertising Sign.
   CANOPY SIGN: A wall sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door or entrance.
   CHANGEABLE COPY SIGN: A sign on which copy is changed manually in the field.
   CONSTRUCTION PROJECT SIGN: Any temporary sign used for the purpose of identifying a new construction project and/or owner, developer, contractor, and architect located on the property where the advertised use is to be located.
   COPY: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other business activity.
   DILAPIDATED SIGN: Any sign, whether permanent or temporary, which is structurally unsound, has defective parts, has become partially or wholly detached from its frame or other attachment device, or is in need of painting or maintenance. A dilapidated sign may be identified by one or more of the following characteristics: rust or holes in the sign panel, display material, or sign structure; broken, missing, loose, or bent parts and materials; faded or flaking paint; nonoperative or partially nonoperative illumination; missing letters in sign copy, or any sign structure that is void of sign copy and/or panels.
   DIRECTIONAL SIGN: A sign which serves to designate the location or direction of any place or area, principally for pedestrian or vehicular traffic, on the premises where the sign is located.
   ELECTRICAL SIGN: Any sign containing electrical wiring in, on, or attached to it or which is intended to be energized by an electrical energy source.
   ELECTRONIC MESSAGE SIGN: Any on premises freestanding sign or portion of a freestanding sign that uses changing lights to display an electronic image, video, or text messages. The time and display duration of the messages and/or images is electronically programmed and can be modified by electronic processes. This definition includes the following types:
      1.   Electrically Activated: Signs producing the illusion of movement by means of electronic, electrical, or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of the classifications noted below:
         a.   Static: Signs or portions of signs whose illumination is characterized by a repetitive cycle in which the period of display is a minimum of ten (10) seconds or more and the duration between displays is three (3) seconds or less.
         b.   Flashing: Signs or portions of signs whose illumination is characterized by a repetitive cycle in which the period of display is less than ten (10) seconds.
         c.   Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns, or text designed to appear in some form of constant motion for a period of three (3) seconds or more.
   FACADE: The side of a building below the eaves.
   FEATHER SIGN: A banner sign usually of cloth, plastic, or similar nonrigid material used for advertising purposes and attached to the ground, or mounted to a building not to include official flags, pennants, or insignia of the United States, the state of Oklahoma, other states of the nation, counties, municipalities, and official flags of foreign nations.
   FLAG OR PENNANT: Any cloth, bunting, plastic, paper, or similar nonrigid material used for advertising purposes attached to any structure, staff, pole, line, framing, not including official flags of the United States, the state of Oklahoma, and other states of the nation, counties, municipalities, and official flags of foreign nations.
   GENERAL BUSINESS SIGN: An on premises freestanding sign which directs attention to a business, product, activity, or service that is conducted, sold, or offered on the premises where the sign is located.
   GROUND SIGN: A freestanding sign with a solid base directly and continuously connected to the sign.
   HEIGHT: The vertical distance from finished grade to the top of the highest attached component of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign whichever is less.
   ILLEGAL NONCONFORMING SIGN: A sign which was in violation of any of the laws of the city governing the erection, placement, or construction of such sign at the time of its erection, and which sign has never been erected or displayed in conformance with all such laws, including this chapter.
   ILLUMINATED SIGN: Any sign, except a neon sign, designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purpose of providing light for the sign.
   ILLUMINATION, DIRECT: A lighting by means of an artificial light source, including neon tubing, which is visible either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
   ILLUMINATION, INDIRECT: A sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign illuminated from within but with no exposed or exterior bulbs, tubes or other light source which are not visible to persons viewing the sign from any street, sidewalk, or adjacent property.
   INSTITUTIONAL SIGN: A ground sign placed on a premises of an institution containing the name of and/or information relating to uses such as: public facilities, schools, religious assembly, hospitals, or government owned facilities.
   LEGAL NONCONFORMING SIGN: An existing sign that was lawfully constructed or installed prior to the adoption or amendment of this chapter, and was in compliance with all of the provisions of this code then in effect but which does not presently comply with the provisions of this chapter as they now exist.
   MONUMENT SIGN: A ground sign that has a solid supporting base equal to or greater than the width of the sign face, generally made of stone or concrete, with no separation between the sign and base.
   MULTI-TENANT SIGN: An on premises sign identifying individual businesses within a commercial building or buildings where the uses share the same lot, access, and/or parking facilities or a coordinated site plan.
   MURAL: A work of graphic art, as opposed to a sign, that is painted or applied to a building wall(s) which contains no advertising or logos.
   NAMEPLATE: Any sign which designates the name, using plates, of the person(s) occupying the premises.
   OFF PREMISES ADVERTISING SIGN: A sign, whether freestanding, temporary, painted on, or attached to a building, which directs attention to a business, product, accommodation, service, event, or other activity which is conducted, sold, offered, or provided at a location other than the premises where the sign is located. Such signs are also commonly known as "billboards", but may include signs of all shapes and sizes.
   POLE SIGN: A freestanding sign connected to the ground by one or more supports, where the lower edge of the sign device is separated vertically from the ground by air.
   POLITICAL SIGN: A temporary sign identifying, either singly or combined, a political candidate, slate of candidates, issue, or party. These signs are used or intended to be used for the display of any announcement, advertisement, or notice of any individual candidate or slate of candidates for any public office or similar political purposes.
   PORTABLE SIGN: A temporary sign designed to be transported from place to place, including, but not limited to, signs transported by means of wheels.
   REAL ESTATE SIGN: Any temporary sign which announces the sale, rental, or lease of property by the owner or real estate company.
   RIGHT OF WAY: The area in the front, side, or rear of a property that has been dedicated to the public, either by a plat or an easement.
   ROOF: The exterior surface and its supporting structure on the top of a building or structure; the structural makeup of which conforms to the roof structure, roof construction, and roof covering sections of the international building code.
   ROOF SIGN: Any sign erected and constructed wholly on and above the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
   SETBACK: The minimum allowable horizontal distance from a given point of line of reference, such as a street right of way, to the nearest vertical wall or other element of a building or structure.
   SIGHT TRIANGLE: Is defined in chapter 15, "Access Management", of this title.
   SIGN: All or part of any object, structure, or device intended to be viewed by the public for advertisement or identification of a business, location, object, person, institution, organization, product, service, or event by means of including words, pictures, logos, symbols, colors, motion, illumination, or projected images. The term "sign" may be used in conjunction with other terms; for example, "ground" or "roof" to further define the term and usage.
   SIGN AREA: Consists of the entire surface area of the sign on which copy may be placed. The supporting structure or bracing of a sign is not counted as a part of the sign face unless such structure or bracing is made a part of the sign's message. The sign area for a wall sign that contains only letters and no background is the area of the smallest rectangle which can encompass all words, letters, figures, emblems, and other elements of the sign message.
   SIGN STRUCTURE: Any part of a sign, including the base, supporting columns or braces, display surface, or any appendage thereto.
   SITE PLAN: An accurately scaled plan that illustrates the existing conditions on a land parcel as well as depicting details of a proposed development. Among the features generally found on a site plan are the property boundaries, existing streets and buildings, as well as utilities and utility easements.
   STREET FRONTAGE: The length of the property line bordering a public street. For corner lots, each street property line shall be a separate street frontage.
   SUBDIVISION ENTRY SIGN: A sign integrated into the entrance treatment (i.e., entrance wall) with the name of the subdivision or development on one or both sides of each principal entrance.
   SUSPENDED SIGN: A wall sign suspended from a marquee, canopy, or other architectural projection of a building as herein defined.
   TEMPORARY SIGN: Any advertising display which is intended for a temporary period of display and constructed out of cloth, canvas, cardboard, paper, wallboard, plywood, metal, or other light temporary material.
   VEHICLE MOUNTED SIGN: A sign mounted or displayed on any truck, bus, car, trailer, boat or other vehicle which is not actively used as a vehicle.
   WALL SIGN: A sign attached to or painted on the exterior wall of a building with the display surface of the sign approximately parallel to the building wall. The definition includes awning signs, canopy signs, facade signs, suspended signs, and any other sign that otherwise projects from a structure.
   ZONING DISTRICT: Any section of the city for which the regulations governing the use of land and the use, density, bulk, height and coverage of buildings and other structures are uniform for each classification of building therein. (Ord. 6195, 12-8-2014; amd. Ord. 6215, 11-9-2015)
   B.   When an interpretation is required for any definition that is not included in this chapter, the code official shall make a determination. (Ord. 6195, 12-8-2014)

11-12-4: EXCEPTIONS:

   A.   The following shall be exempt from the provisions of this chapter except as otherwise specifically indicated:
      1.   Changing the copy of a sign and/or performing maintenance that does not involve structural changes.
      2.   Civic event signs displayed by any entity for events that may or may not be cosponsored by the city. The display of such signs shall otherwise comply with the regulations applicable to all banners. Such signs are displayed only at the event site.
      3.   Commemorative signs or plaques of historical organizations.
      4.   Directional, warning, or informational signs required or authorized by law which are erected by federal, state, county, or city officials.
      5.   Flag, emblem, pennant, or insignia of any nation, organization of nations, state, county or city; any religious, civic, or fraternal organization; or any educational institution.
      6.   Home occupation signs. (Reference subsection 11-5-1B15 of this title.)
      7.   Incidental signs showing credit cards accepted, notices of services required by law, trade affiliations, and the like, attached to a freestanding sign structure or to a building.
      8.   Murals as defined in this chapter.
      9.   Nameplates, street address signs, and combination nameplate/street address signs containing no advertising.
      10.   "No Trespassing", "No Parking" and similar warning signs.
      11.   Political signs. (Reference section 11-12-6 of this chapter.)
      12.   Signs displayed on trucks, buses, trailers, or other vehicles which are being operated or stored in the normal course of a business, such as signs indicating the name of the owner or business which are located on moving vans, delivery trucks, rental trucks and trailers, provided that the primary purpose of such vehicles is not for the display of signs and provided they are parked or stored in areas appropriate to their use as vehicles.
      13.   Signs that are not intended to be viewed from public streets and/or beyond the premises and are not legible therefrom such as signs in interior areas of shopping centers, commercial buildings and structures, ballparks, stadiums, and similar uses of a recreational or entertainment nature.
      14.   Signs erected during the Christmas holidays as identification of temporary sales areas for Christmas trees and other holiday oriented items. Signs shall not be erected before Thanksgiving Day and shall be removed prior to New Year's Day.
      15.   Temporary displays or logos of a charitable, civic, educational, political, patriotic, or religious nature.
      16.   Neon signs affixed to the interior window surface of a business indicating messages, i.e., open, closed, or services on premises. (Ord. 6195, 12-8-2014)

11-12-5: PROHIBITED SIGNS:

   A.   The following types of signs and devices shall be prohibited within the corporate limits of the city:
      1.   Abandoned, unsafe or dilapidated signs.
      2.   Animals, live or simulated, designed or used so as to attract attention to the premises or business or services advertised.
      3.   Animated and flashing signs, or signs incorporating patterned illusionary movement.
      4.   Billboards and off premises advertising signs.
      5.   Garage sale signs placed off premises.
      6.   Mirror devices used as part of a sign.
      7.   Open flames used to attract public attention to a place of business or to an advertising sign.
      8.   Revolving, rotating, flashing, or blinking beams or beacons of light as a part of a sign display, including signs in windows or as a device to attract attention. Flashing or blinking lights that are incorporated into an electronic message center sign are regulated elsewhere in this chapter.
      9.   Roof signs.
      10.   Vehicle mounted signs.
      11.   Signs placed within intersections.
      12.   Signs continuously outlined with individual light bulbs or string of lights including lights that outline property lines, sales areas, or any portion of a structure and are intended to advertise or draw attention to a business or commercial activity, except lights used temporarily as holiday decorations, or lights or other devices displayed on parcels on which carnivals, fairs, or other similar temporary activities are held.
      13.   Signs which emit smoke, visible vapors, sound, or odor.
      14.   In addition to those signs specifically prohibited, any sign not specifically allowed under these provisions is prohibited. (Ord. 6195, 12-8-2014)

11-12-6: REGULATIONS APPLICABLE TO ALL SIGNS:

   A.   No sign, regardless of type, size, height or location shall:
      1.   Be placed or erected without the consent of the owner of the real property or the person or entity in legal possession of the real property.
      2.   Be erected upon or projecting into or over any public property, public right of way, or public easement, except those signs erected by federal, state, county, or city officials.
      3.   Be affixed to any structure or pole used for utilities or traffic controls.
      4.   Be in conflict with or imitate any traffic control device due to color, wording, design, location, or illumination or otherwise interfere with the safe and efficient flow of vehicular and/or pedestrian traffic.
      5.   Be placed or erected in such a manner that it shall violate the sight triangle requirements established by chapter 15, "Access Management", of this title.
      6.   Be located, either temporarily or permanently, in a required parking space.
      7.   Obstruct access to or from a door, window, fire escape, ventilation system or other required exit.
      8.   Contain sign area in excess of three hundred (300) square feet.
      9.   Exceed a height of thirty five feet (35'). (Ord. 6195, 12-8-2014)

11-12-7: RESERVED:

(Ord. 6195, 12-8-2014)

11-12-8: OFF PREMISES ADVERTISING SIGNS:

   A.   Except as otherwise stated in subsection B of this section, the construction, erection, installation, or use of any and all off premises advertising signs, as defined herein, other than those which legally exist within the city, or for which a valid permit has been issued and has not expired, as of the date on which this chapter, or when a prior version of this chapter containing a provision to the same effect was adopted, is prohibited. In approving this chapter, the city commission affirmatively declares that it would have adopted this billboard prohibition even if it were the only provision in this chapter. The "change of copy" provision applies to properly permitted, legally existing billboards. To the extent consistent with state law, existing legal billboards shall not be converted to a more visually intense method of image presentation, such as converting a flat, static display to a moving, animated, or changing image LED display. The city commission intends for this billboard prohibition to be severable and separately enforceable even if other provision(s) of this chapter may be declared by a court of competent jurisdiction to be unconstitutional, invalid or unenforceable. This prohibition does not prohibit or limit agreements to relocate presently existing legal billboards.
   B.   The following off premises signs are exempted from the prohibitions set out in subsection A of this section: memorial signs; public service signs; seasonal signs; government signs; flags or insignia of any governmental or nonprofit organization when not displayed as an advertising device; warning signs posted by utility or construction companies; commemorative tablets; markers or monuments constructed by or with the permission of a state government or a subdivision thereof; signs required by law, statute or ordinance; decorations or displays of a temporary nature that are associated with any national, local or religious holiday or celebration. (Ord. 6195, 12-8-2014)

11-12-9: ON PREMISES SIGNS:

   A.   Apartment Signs:
      1.   Maximum sign area shall be one hundred (100) square feet.
      2.   Maximum height shall be ten feet (10').
      3.   One sign per street frontage may be permitted.
      4.   Signs may be indirectly illuminated.
      5.   Apartment signs shall only be constructed as ground signs.
   B.   Directional Signs:
      1.   Directional signs are permitted only in commercial and industrial zoning districts.
      2.   Maximum sign area shall be ten (10) square feet.
      3.   Maximum height shall be three feet (3').
      4.   Signs may be directly or indirectly illuminated.
   C.   Electronic Message Signs:
      1.   Electronic message center signs are permitted only in commercial and industrial zoning districts, as well as institutions located in any zoning district.
      2.   Maximum area shall be one hundred (100) square feet.
      3.   Maximum height shall be twenty five feet (25').
      4.   Signs may be constructed as either ground or pole signs.
      5.   Minimum display duration shall be ten (10) seconds.
      6.   Maximum duration between displays shall be three (3) seconds.
      7.   The maximum brightness level of any sign shall not exceed 0.03 foot-candle above ambient light.
   D.   General Business Signs:
      1.   General business signs are permitted only in commercial and industrial zoning districts.
      2.   Maximum sign area shall be one square foot per one linear foot of street frontage up to a maximum of two hundred (200) square feet for any individual sign.
      3.   Maximum sign height shall be thirty five feet (35').
      4.   Maximum number of signs allowed per any individual property shall be:
 
Street Frontage
Number Of Signs
Up to 150'
1
151' - 300'
2
301' - 450'
3
451' - 600'
4
601' - 750'
5
751' and over
6
 
      5.   Signs may be directly or indirectly illuminated.
      6.   Signs may be constructed as either ground signs or pole signs.
      7.   No sign shall be erected within one hundred feet (100') of another sign.
   E.   Institutional Signs:
      1.   Institutional signs may be permitted in any zoning district.
         a.   Maximum sign area shall be one square foot per one linear foot of street frontage up to a maximum of one hundred (100) square feet for any individual sign.
         b.   Maximum height shall be twenty feet (20').
         c.   Signs may be directly or indirectly illuminated.
         d.   Signs shall be constructed only as ground signs.
   F.   Multi-Tenant Signs:
      1.   Multi-tenant signs located in C-1 local commercial zoning district:
         a.   Maximum sign area shall be one square foot per one linear foot of street frontage up to a maximum of two hundred (200) square feet for any individual sign.
         b.   Maximum height shall be twenty feet (20').
         c.   There shall be no more than one multi-tenant sign per street frontage. There shall be a maximum of one sign per business per multi-tenant center sign.
         d.   Signs may be directly or indirectly illuminated.
         e.   Signs may be constructed as either ground or pole signs.
      2.   Multi-tenant signs located in C-2 general commercial and industrial zoning districts:
         a.   Maximum area shall be one square foot per one linear foot of street frontage up to a maximum of three hundred (300) square feet for any individual sign.
         b.   Maximum height shall be thirty five feet (35').
         c.   There shall be no more than one multi-tenant sign per street frontage. There shall be a maximum of one sign per business per multi-tenant center sign.
         d.   Signs may be directly or indirectly illuminated.
         e.   Signs may be constructed as either ground or pole signs.
   G.   Subdivision Entry Signs:
      1.   Maximum sign area shall be sixty (60) square feet.
      2.   Signs shall be located on private property.
      3.   Maximum of one sign per entrance into the subdivision shall be permitted.
      4.   Signs shall be maintained by a homeowners' association and/or the developer.
      5.   Signs shall not be illuminated.
      6.   A revocable sign permit may be issued for a ground sign placed at the entrance to a subdivision or development if the subdivision contains an "island" within the right of way at the entrances, provided all other requirements of this chapter are met.
      7.   Sign locations shall be identified on construction plats and record plats of subdivisions.
   H.   Wall Signs:
      1.   Wall mounted signs are permitted only in commercial and industrial zoning districts.
      2.   Maximum sign area shall be one square foot per linear foot of building width.
      3.   Signs that project over a sidewalk or walkway shall be a minimum height of nine feet (9') above said walkway.
      4.   Maximum height shall not exceed the height of the building roofline.
      5.   One sign per street frontage shall be permitted.
      6.   Signs may be directly or indirectly illuminated.
      7.   Painted wall signs are permitted only in commercial and industrial zoning districts.
      8.   No sign shall project over any property line, except within the central business district. (Ord. 6195, 12-8-2014)

11-12-10: TEMPORARY SIGNS:

   A.   Banner Signs:
      1.   Signs are not permitted in residential zoning districts.
      2.   Signs may be attached to the ground, building, or to a general business sign.
      3.   Maximum sign area shall be forty (40) square feet.
      4.   Signs shall not be illuminated.
      5.   No individual sign shall be displayed for more than ninety (90) consecutive days, at which time it shall be removed from the premises and shall not be relocated or otherwise be displayed for the remainder of the calendar year.
      6.   No sign shall be placed within fifty feet (50') of another sign.
      7.   Maximum number of signs allowed per any individual property shall be: (Ord. 6215, 11-9-2015)
 
Street Frontage
Number Of Signs
Up to 150'
1
151' - 300'
2
301' - 450'
3
451' - 600'
4
601' - 750'
5
751' and over
6
 
(Ord. 6195, 12-8-2014; amd. Ord. 6215, 11-9-2015)
   B.   Construction Signs:
      1.   Construction signs may be permitted in any zoning district.
      2.   Maximum height shall be six feet (6').
      3.   Signs shall not be illuminated.
      4.   Signs shall be constructed only as ground signs.
      5.   Construction signs shall not be erected until the building permit is issued for the project and shall be removed immediately after the issuance of certificate of occupancy.
      6.   All other construction signs shall be removed immediately after the completion of the work to which the sign is applicable to.
   C.   Off Premises Advertising Signs:
      1.   Temporary outdoor off premises advertising signs may be permitted only in accordance with the following provisions:
         a.   No signs shall be placed anywhere within the city without first obtaining a sign permit.
         b.   Signs shall be displayed for no more than ten (10) consecutive days.
         c.   No more than ten (10) signs shall be displayed at any given time.
         d.   No more than two (2) permits shall be issued to any person, business, establishment or entity within any calendar year, with a minimum of thirty (30) days between the issuance of permits.
         e.   The city manager or his designee is hereby authorized to immediately remove and impound any sign that is found to be in violation of any of the above provisions.
   D.   Portable Signs:
      1.   Portable signs are not permitted in any residential zoning district or in the central business district (CBD).
      2.   Portable signs are not intended to be used permanently unless the sign is anchored to withstand wind loads as prescribed in the international building code.
      3.   The use of a portable sign is not permitted if a general business sign is located on the premises.
      4.   Portable signs may not be illuminated or incorporate animated or flashing displays.
      5.   A portable sign shall be considered abandoned if the sign copy is in disarray or the sign is otherwise not being utilized.
   E.   Real Estate Signs:
      1.   Real estate signs are permitted in all zoning districts.
      2.   Sign area is limited to eight (8) square feet in residential zoning districts.
      3.   Sign area is limited to fifty (50) square feet in all other zoning districts.
      4.   Signs shall not be illuminated. (Ord. 6195, 12-8-2014)

11-12-11: STRUCTURAL AND ELECTRICAL REQUIREMENTS:

   A.   All signs shall comply with the applicable building codes which are currently in force within the city. All electrical signs shall be listed and labeled by an approved electrical testing service and shall be installed by a licensed sign contractor or electrical contractor registered with the city. The electrical supply to signs containing electrical components shall comply with the electrical codes currently in force within the city. (Ord. 6195, 12-8-2014)

11-12-12: ENFORCEMENT:

   A.   The code official is hereby authorized and directed to enforce all provisions of this chapter. The code official shall appear for and on behalf of the city in all matters regarding the interpretation and application of this chapter. Upon giving notice to the property owner and upon proper presentation of proper credentials, the code official or his authorized representative may enter at reasonable times any building, structure or premises within the city to perform any duty imposed on him by this chapter.
   B.   The code official shall examine all applications for permits for erection of signs, authorize the use of signs which conform to the requirements of this chapter, record and file all applications for permits with any accompanying plans and documents, make inspections of all signs in the city, and make such reports as the city may require. (Ord. 6195, 12-8-2014)

11-12-13: PERMITS REQUIRED:

   A.   It is unlawful to display, construct, erect, relocate, or alter any permanent sign within the city without first filing with the code official and obtaining a sign permit. When a sign permit has been issued by the code official, it is unlawful to change, modify, alter, or otherwise deviate from the terms or conditions of the permit without prior approval of the code official. A written record of such approval shall be entered upon the original permit application and maintained in the files of the code official. (Ord. 6195, 12-8-2014)

11-12-14: APPLICATION FOR PERMIT:

   A.   The application for a sign permit may be made by the property owner or a sign contractor. Such applications shall be made in writing on forms furnished by the city and shall be signed by the applicant.
   B.   The application may, if necessary, require the following information:
      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 and the location of the proposed sign structure by address and legal description of the lot or parcel.
      2.   A site plan and/or survey, drawn to scale, with the following information:
         a.   The location of the building, structure, or lot to which or upon which the sign or sign structure is proposed to be constructed, erected, replaced, altered, attached, or relocated, including the street address.
         b.   The elevation of the building, with dimensions, to which or upon which the sign is proposed to be attached if sign is to be a building mounted or painted wall sign.
         c.   The total linear feet of site frontage upon which any freestanding sign is proposed to be constructed, erected, replaced, altered, attached, or relocated if sign is a ground mounted or pole sign.
      3.   Technical specifications pertaining to the method of construction and method of attachment or erection of the sign or sign structure for signs greater than one hundred (100) square feet or more than twenty feet (20') in height.
      4.   Calculations demonstrating that the sign structure is designed to carry all loads in compliance with the international building code.
      5.   A statement of valuation. (Ord. 6195, 12-8-2014)

11-12-15: ACTION ON APPLICATION:

   A.   The code official shall approve, deny or return the application required by section 11-12-13 of this chapter for more information if the information supplied is insufficient.
   B.   If the application is denied, the code official shall give written notice of the denial to the applicant, together with a brief written statement of the reasons for denial.
   C.   If the application is approved, a sign permit shall be issued upon complete payment of all required fees. (Ord. 6195, 12-8-2014)

11-12-16: APPEALS:

   A.   Appeals of the denial of a sign permit shall be filed within ten (10) days after an application is denied. Such appeal shall be filed with the development services department.
      1.   If the subject matter of the appeal relates to denial of a sign permit for some matter controlled by the international building code, the appeal shall be heard by the construction appeals board pursuant to the procedure provided by the international building code or any other construction code adopted in replacement of the international building code by this code.
      2.   If the subject matter of the appeal relates to denial of a sign permit for any other reason, the board of adjustment shall hear the appeal pursuant to the procedures provided in this code. (Ord. 6195, 12-8-2014)

11-12-17: REVOCATION OF PERMITS:

   A.   If the code official finds that work under any permit issued is not in accordance with the information supplied in the permit application or is in violation of this chapter or any other applicable provisions of this code, or should he find that there has been any misrepresentation in connection with the application for permit, he shall notify the sign owner or erector of such findings and that the violation must be corrected immediately. If such correction is not made, the code official shall revoke the permit and serve written notice thereof upon the sign owner or erector. No person shall proceed with any part of such work after such notice is received.
   B.   When any permit has been revoked under the terms stated in subsection A of this section, permit fees shall not be refunded. (Ord. 6195, 12-8-2014)

11-12-18: INSPECTIONS:

All signs may be subject to inspection by the city. Footing inspections may be required on the day of excavation for ground mounted, monument, and pole signs. (Ord. 6195, 12-8-2014)

11-12-19: IDENTIFICATION AND MARKING:

Each sign erected or remodeled shall have affixed to it a clearly legible identification plate or sticker stating the name of the person responsible for its construction and erection, with installation date and permit number thereon. Electrical signs shall be marked with input amperes at full load input. All electrical signs shall be listed and labeled by an approved electrical testing service and shall be installed by a licensed sign contractor or electrical contractor registered with the city. (Ord. 6195, 12-8-2014)

11-12-20: MAINTENANCE:

   A.   Generally: All signs, including those specifically exempt from this chapter with respect to permits, permit fees, or other provisions, together with their supports, braces, connections, anchors, and any appurtenances thereto, shall be kept in good repair and proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and shall be kept free and clear of all obnoxious substances, rubbish, and weeds. The code official or his authorized representative shall inspect and shall have authority to order the painting, repair, alteration, or removal of any sign which constitutes a hazard to health, safety, or public welfare by reason of abandonment, dilapidation, inadequate maintenance, or obsolescence.
   B.   Deterioration: Any cracking, fading, chipping, peeling or flaking of paint, plastic or glass, or any mechanical, electrical, or structural defect shall be corrected upon notice by the code official, or shall be removed.
   C.   Changing Parts: The changing of movable parts of signs that are designed for changes, or the repainting of display matter, shall not be deemed to be alterations. (Ord. 6195, 12-8-2014)

11-12-21: ABANDONED, UNSAFE AND DILAPIDATED SIGNS:

Signs of any type applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains unoccupied for a period of time greater than six (6) months, and there is no effort to sell or lease the property to which the sign pertains, or otherwise utilize the sign for its intended purpose. Any sign which was erected for an occupant or business unrelated to the present occupant or business shall also be deemed to be abandoned. Structural components of abandoned signs may remain while a property is unoccupied, but any nonstructural message components shall be removed by the owner of the sign or owner of the premises where it is located. The structural components shall, during the period of nonuse, be maintained. If said components become unsafe, dangerous, defective, or otherwise a detriment to the public health, safety, and welfare of the city, the exception provided above shall not apply as said structural components shall be deemed to be abandoned and a public nuisance as defined in section 6-1-2 of this code. (Ord. 6195, 12-8-2014)

11-12-22: AMORTIZATION OF NONCONFORMING SIGNS:

   A.   Legal Nonconforming Signs: Except as provided below, any sign which was legally built, erected, and installed in conformance with all applicable laws, rules, and regulations in effect at the time of installation, and which is in a state of safe and proper maintenance at the time this chapter is adopted, may continue in use, even if it does not conform to this chapter or other current law, subject to the following:
      1.   Enlarged Or Altered: No such nonconforming sign may be enlarged or altered in a manner which increases its nonconformity.
      2.   Damaged: Should a nonconforming sign be destroyed or damaged to an extent of more than fifty percent (50%) of its current replacement cost, it may be repaired or reinstalled only in accordance with the requirements of this chapter. This provision does not apply in the case of intentional damage, such as vandalism, to the sign.
      3.   Change In Nature Of Establishment: Should the nature of the associated establishment change, the use of said sign shall be discontinued, and any new sign shall be in conformance with this chapter.
      4.   Dilapidated And Unsafe Signs: Any sign which, by virtue of its physical condition, presents a significant and immediate threat to the public safety has no grandfathering rights and shall instead be repaired or removed immediately upon proper notice.
      5.   Relocation: Nonconforming signs may be relocated only pursuant to a relocation agreement approved by the city commission.
   B.   Electronic Message Signs: The provisions of this section allowing the continuing use of nonconforming signs shall not apply to electronic message signs utilizing flashing, patterned illusionary movement, or other lighting characteristics which would be in violation of this chapter. Such signs shall be brought into compliance within six (6) months of the effective date of this chapter.
   C.   Temporary Signs: The provisions of this section allowing the continuing use of nonconforming signs shall not apply to any temporary sign. Such signs shall be brought into compliance within six (6) months of the effective date of this chapter.
   D.   Prohibited Signs: Prohibited signs which at the time of passage of this chapter were in violation of this code shall not acquire a nonconforming status under the color and authority of this chapter. (Ord. 6195, 12-8-2014)

11-12-23: VIOLATIONS:

It is a violation of this chapter for any person to perform or order the performance of any act which is contrary to the provisions of this chapter or to fail to perform any act which is required by the provisions of this chapter. In case of a continuing violation, each twenty four (24) hour period in which the violation exists shall constitute a separate violation. (Ord. 6195, 12-8-2014)

11-12-24: PENALTIES:

   A.   It is a public offense, punishable within the jurisdictional limits of the municipal court:
      1.   For any owner or other person having control of property where a violation of this chapter exists to permit the same to continue after being informed of the violation by city officials.
      2.   For any person to install or maintain a sign which requires a permit therefor without a permit or in violation of the conditions of the permit. (Ord. 6195, 12-8-2014)

11-12-25: PROTECTION OF FIRST AMENDMENT RIGHTS:

Any sign allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business, activity conducted, or product sold or offered at a location not on the same premises where such business sign is located. (Ord. 6195, 12-8-2014)