A.   Purpose: The sign regulations of this chapter are intended to balance the following differing, and at times, competing goals:

      1.   To support the desired character of the City, as expressed in adopted plans, policies and regulations;

      2.   To promote an attractive visual environment;

      3.   To encourage the effective use of signs as a means of communication for businesses, organizations and individuals;

      4.   To provide a means of way-finding for visitors and residents;

      5.   To provide for reasonable business identification, advertising and communication;

      6.   To prohibit signs of such excessive size and number that they obscure one another to the detriment of the economic and social well-being of the City and its residents, property owners and visitors;

      7.   To protect the safety and welfare of the public by minimizing hazards for motorized and nonmotorized traffic;

      8.   To minimize the possible adverse effects of signs on nearby public and private property; and

      9.   To provide broadly for the expression of individual opinions through the use of signs on private property.

   B.   Scope And Applicability: All signs within the City are subject to the regulations of this chapter and all other applicable provisions of this UDO.

   C.   Content Neutrality: Any sign allowed under this chapter may contain, in lieu of any other message or copy, any lawful noncommercial message that does not direct attention to a business operated for profit, or to a product, commodity or service for sale or lease, or to any other commercial interest or activity, as long as the sign complies with all size, height, location and other applicable requirements of this chapter.

   D.   Off-Premises Outdoor Advertising Signs: Off-premises outdoor advertising signs are allowed only in those zoning districts and locations expressly identified in this UDO and only when such signs comply with all applicable off-premises outdoor advertising sign regulations. Provisions of this UDO that refer to "signs" being allowed or certain types of signs being allowed (e.g., freestanding, wall, projecting) are not to be construed as references to off-premises outdoor advertising signs being allowed, unless the subject provision expressly refers to "off- premises outdoor advertising signs". See section 10-6-1, table 6-1 of this title to determine which zoning districts allow off- premises outdoor advertising signs. (Ord. 2018-16, 12-4-2018)

The following signs and sign characteristics are prohibited except as otherwise expressly stated:

   A.   Signs for which no required permit has been issued;

   B.   Signs located in such a manner as to constitute a nuisance;

   C.   Search lights, strobe lights, rotating beacon lights, flashing lights that are visible from public right-of-way, except as otherwise expressly allowed by this chapter or required by law;

   D.   Signs located in or obstructing a required parking or loading space, or that otherwise obstruct vehicular or pedestrian access or circulation, or that pose any other hazard to motorized or nonmotorized travel;

   E.   Signs located in or that project into the right-of-way of a public street, unless a license has been granted by the City;

   F.   Signs that obstruct any fire escape, required exit, window or door opening used as a means of egress;

   G.   Signs that interfere with an opening required for ventilation, except that signs may cover transom windows when not in violation of Building and Fire Prevention Codes;

   H.   Signs affixed directly to a tree, utility pole or traffic control device;

   I.   Signs that obstruct, impair, obscure, interfere with the view of, or that may be confused with, any authorized traffic control sign, signal, or device;

   J.   Sign displays with a brightness of such intensity or brilliance that they impair the vision or endanger the safety and welfare of any pedestrian, cyclist, or person operating a motor vehicle;

   K.   Roof signs;

   L.   Signs attached to or painted on an inoperable or unlicensed vehicle (motorized or non-motorized) located in view of the right-of-way; and

   M.   Signs attached to or painted on a licensed motor vehicle if the sign: 1) directs attention to a business, service, commodity, or activity offered or sold on the premises and 2) if the vehicle is parked closer to the street than the nearest building wall (does not apply to vehicles parked for the purpose of immediate loading and unloading). (Ord. 2018-16, 12-4-2018)

The following signs are not counted as signs for purposes of determining the number of signs or amount of signage on a lot.

   A.   Driveway Signs:

      1.   One driveway sign may be installed at each vehicle entrance and exit to any lot occupied by an allowed nonresidential use or apartment/condo building. Such signs must be located within ten feet (10') of the intersection of the driveway and the street right-of-way. Driveway signs may be illuminated but may not exceed four (4) square feet in area or five feet (5') in height.

      2.   Off-street parking areas with a capacity of more than four (4) vehicles, multi-tenant developments and uses on lots exceeding eighty thousand (80,000) square feet in area may display internal site driveway signs. Such signs must be located within ten feet (10') of an internal site driveway or drive aisle and may not exceed twelve (12) square feet in area or ten feet (10') in height.

   B.   Drive-Through Signs: Drive-through signs are permitted in conjunction with drive-through uses, in accordance with the following regulations.

      1.   Location: Drive-through signs must be located within ten feet (10') of a drive-through lane.

      2.   Number And Dimensions: One primary drive-through sign not to exceed thirty six (36) square feet in area or eight feet (8') in height is allowed per order station up to a maximum of two (2) primary drive-through signs per lot. One secondary drive-through sign not to exceed fifteen (15) square feet in area or six feet (6') in height is allowed per lot.

      3.   Residential Separation: Drive-through signs must be set back at least fifty feet (50') from Residential Zoning Districts.

      4.   Visibility: Drive-through signs must be oriented to be visible by motorists in allowed drive-through lanes.

   C.   Nameplates: Nameplates are allowed in all zoning districts, provided they do not exceed two (2) square feet in area in Residential Districts or four (4) square feet in area in all other districts.

   D.   Window Signs: Window signs are allowed as sign exceptions for allowed nonresidential uses, provided they do not cover more than twenty five percent (25%) of the area of the window to which they are affixed.

   E.   Temporary Signs:

      1.   Real Estate Signs: One real estate sign is allowed per street frontage, subject to the standards in table 12-1 of this section:

 

 

      2.   Construction Signs: One construction sign is allowed per street frontage, subject to the following standards:

         a.   Construction signs may not exceed thirty two (32) square feet in area or 0.50 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed four hundred (400) square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented.

         b.   Construction signs may not exceed fifteen feet (15') in height.

         c.   Construction signs must be removed within two (2) weeks of completion of the construction or development.

      3.   Banners:

         a.   One banner attached to the wall of a building is allowed as a sign exception for allowed nonresidential uses, provided that such banner does not exceed thirty two (32) square feet in area.

         b.   Banners must be removed no later than ninety (90) days after installation or at such time that permanent signs are installed, whichever occurs first.

      4.   Promotional Signs: Promotional signs are permitted as sign exceptions on lots occupied by allowed nonresidential uses. Such signs are subject to the following standards:

         a.   No more than four (4) promotional sign permits are allowed per business per year.

         b.   A promotional sign permit may be issued for a maximum 14-day period. Any or all of the four (4) allowed promotional sign time periods may run consecutively.

         c.   The height of a promotional sign may not exceed the maximum allowed height of any freestanding sign allowed in the subject zoning district. In addition, any inflatable promotional signs must be set back from all property lines by a minimum distance of one foot (1') for every one foot (1') of sign height, as measured from ground level at the base of the sign.

         d.   Promotional signs may not be mounted on the roof, except for inflatable or other non-rigid sign/displays, which may be roof- mounted.

      5.   Campaign Signs: Campaign signs must be removed no later than seven (7) days after the voting event. Campaign signs are prohibited on public property and are allowed on private property only with the consent of the owner of the subject property. In R and CO Zoning Districts campaign signs may not exceed sixteen (16) square feet in area.

      6.   Special Event Signs: Special event signs are subject to City Council approval. City Council-approved special event signs are not subject to the sign regulations of this chapter unless otherwise expressly stated at the time of approval.

   F.   Other Sign Exceptions: The following additional signs are also allowed as sign exceptions:

      1.   Signs erected and maintained pursuant to the discharge of governmental functions, or that are required by law, ordinance, or government regulation, or that are required to be posted in order to effectuate a legal right;

      2.   Flags that do not contain a commercial message;

      3.   Wall plaques and wall signs that are not illuminated and that do not exceed four (4) square feet in area;

      4.   Signs that are not legible from any public right-of-way or from beyond the boundaries of the lot or parcel;

      5.   Signs within completely enclosed buildings, provided that such signs are oriented to be primarily visible from inside the subject building; and

      6.   Labels and notices on equipment or structures, provided the label or notice does not exceed fifteen (15) square inches in area. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: The regulations of this section apply to on- premises wall, projecting and freestanding signs and all off- premises outdoor advertising signs, except as otherwise expressly stated. These regulations are in addition to any other applicable regulations established in this chapter.

   B.   Required Setbacks, Spacing And Separations:

      1.   All parts of a sign must be set back at least ten feet (10') from street rights-of-way.

      2.   All on-premises projecting signs and freestanding signs and all off-premises outdoor advertising signs must be separated from all other projecting signs, freestanding signs and off-premises outdoor advertising signs by a minimum distance of thirty feet (30'). Additional spacing requirements apply between off-premises outdoor advertising signs (see subsection 10-12-7F5 of this chapter).

      3.   Signs that are visible from an R District or from a designated residential development area must be separated from the R District or residential development area by a minimum distance of fifty feet (50').

      4.   Signs with an area of more than three hundred (300) square feet that are visible from an R District or from a designated residential development area must be separated from the R District or residential development area by a minimum distance of two hundred feet (200').

   C.   Mounting Height Of Wall Signs And Projecting Signs: Wall signs and projecting signs must be mounted so that no portion of the sign extends above the top of the parapet or building wall to which they are attached, except in those cases where the height of the parapet or building wall or the presence of architectural features will not accommodate a wall or projecting sign that is at least three feet (3') in height. In such cases, the sign may extend above the parapet or building wall for a distance that will permit a sign with a height of up to three feet (3').

   D.   Dynamic Displays: Unless otherwise expressly stated, all signs that include a dynamic display are subject to the supplemental regulations of section 10-12-9 of this chapter.

   E.   Illumination: Except for authorized dynamic displays, the illumination on the face of any sign where illumination is permitted must be by constant light and may not exceed seventy (70) foot-candles measured at a distance of two feet (2') from the face of the sign. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: The regulations of this section apply to signs in R Districts and AG Districts. See also the general regulations of section 10-12-4 of this chapter.

   B.   Signs Allowed: The following signs are allowed in R Districts and AG Districts in addition to any signs allowed pursuant to section 10-12-3 of this chapter. On-premises projecting signs and all off-premises outdoor advertising signs are prohibited in R Districts and in AG Districts.

      1.   Apartment/Condo Buildings And Neighborhood And Subdivision Identification Signs:

         a.   Lots occupied by one or more apartment/condo buildings are allowed a maximum of one freestanding sign per street frontage and a maximum of one wall sign per building wall. Wall signs may not exceed thirty two (32) square feet in area.

         b.   Residential neighborhoods and residential subdivisions, including mobile home parks, are allowed a single freestanding sign at each street entrance to the neighborhood or subdivision.

         c.   The freestanding signs allowed by this section may not exceed thirty two (32) square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed one hundred fifty (150) square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented. Maximum height may not exceed twenty feet (20').

      2.   Nonresidential Uses: The following regulations apply to all principal nonresidential uses in R Districts and AG Districts.

         a.   Wall Signs: Nonresidential uses in R and AG Districts are allowed a maximum of one wall sign per public building entrance. No individual wall sign may exceed thirty two (32) square feet in area. In buildings with multiple public building entrances, the sign area of all wall signs may not exceed thirty two (32) square feet in the aggregate.

         b.   Freestanding Signs: Nonresidential uses in R Districts and AG Districts are allowed a maximum of one freestanding sign per street frontage. Allowed freestanding signs are subject to a maximum height limit of twenty feet (20') and may not exceed thirty two (32) square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed one hundred fifty (150) square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented.

         c.   Dynamic Displays: Dynamic displays are prohibited in R Districts and AG Districts except that on a lot occupied by an allowed public, civic or institutional use, the Board of Adjustment is authorized to approve a special exception for the allowed wall sign or the allowed freestanding sign to include a dynamic display.

            (1)   The allowed dynamic display component may not exceed thirty two (32) square feet in area, and no more than one (wall or freestanding) dynamic display is allowed per street frontage.

            (2)   The sign area allowed for a dynamic display is not in addition to the maximum sign area allowed for a wall or freestanding sign, but rather is counted as part of the maximum area of a wall or freestanding sign.

            (3)   Dynamic displays in R Districts and in AG Districts may operate only between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. unless otherwise expressly approved through the special exception process.

            (4)   Dynamic displays are subject to the dynamic display regulations of section 10-12-9 of this chapter. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: The regulations of this section apply to signs in CO Zoning Districts. See also the general regulations of section 10-12-4 of this chapter.

   B.   Signs Allowed: In addition to any sign exceptions allowed pursuant to section 10-12-3 of this chapter, lots in CO Zoning Districts are allowed a maximum of one on-premises sign per street frontage. The allowed on-premises sign may be a wall sign, a projecting sign or a freestanding sign. Off-premises outdoor advertising signs are prohibited in CO Districts.

   C.   Maximum Area: Signs allowed in the CO District may not exceed thirty two (32) square feet in area or 0.30 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed one hundred fifty (150) square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented.

   D.   Maximum Height: Freestanding signs in the CO District may not exceed twenty feet (20') in height.

   E.   Dynamic Displays: Dynamic displays are prohibited in CO Districts except that on a lot occupied by an allowed public, civic or institutional use, either the allowed wall sign or the allowed freestanding sign may include a dynamic display.

      1.   The allowed dynamic display component may not exceed thirty two (32) square feet in area, and no more than one (wall or freestanding) dynamic display is allowed per street frontage.

      2.   The sign area allowed for a dynamic display is not in addition to the maximum sign area allowed for a wall or freestanding sign, but rather is counted as part of the maximum area of a wall or freestanding sign.

      3.   Dynamic displays in CO Districts may operate only between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M.

      4.   Dynamic displays are subject to the dynamic display regulations of section 10-12-9 of this chapter. (Ord. 2018-16, 12-4-2018)

   A.   Applicability: The regulations of this section apply to signs in all Commercial and Industrial Zoning Districts, except the CO District. Separate sign regulations apply in the CO District (see section 10-12-6 of this chapter). See also the general regulations of section 10-12-4 of this chapter.

   B.   Signs Allowed: In addition to any sign exceptions allowed pursuant to section 10-12-3 of this chapter, the following signs are the only signs allowed in all Commercial and Industrial Zoning Districts:

      1.   On-Premises Wall Signs: On-premises wall signs are allowed in all Commercial and Industrial Zoning Districts. Wall signs may not exceed an aggregate area of more than one square foot per linear foot of building wall to which they are attached. Wall signs are not counted against a lot's allowed sign budget, pursuant to subsection C of this section.

      2.   On-Premises Projecting Signs: On-premises projecting signs are allowed in all Commercial and Industrial Zoning Districts. Projecting signs are counted against a lot's allowed sign budget, pursuant to subsection C of this section. They are also subject to the regulations of subsection D of this section.

      3.   On-Premises Freestanding Signs: Freestanding signs are allowed in all Commercial and Industrial Zoning Districts. Freestanding signs are counted against a lot's allowed sign budget, pursuant to subsection C of this section. They are also subject to the regulations of subsection D of this section.

      4.   Off-Premises Outdoor Advertising Signs: Off-premises outdoor advertising signs are subject to the regulations of subsection F of this section. Where allowed, off-premises outdoor advertising signs are counted against a lot's allowed sign budget, pursuant to subsection C of this section.

   C.   Sign Budget:

      1.   Applicability: The sign budget provisions of this subsection govern the maximum aggregate number and combined area of all projecting, roof, freestanding and off-premises outdoor advertising signs allowed on a lot in Commercial and Industrial Zoning Districts, except as otherwise expressly stated.

      2.   Maximum Number: The maximum aggregate number of projecting, freestanding and off-premises outdoor advertising signs allowed on lots with frontage on one or more major streets may not exceed one sign per two hundred feet (200') of street frontage or fraction thereof.

      3.   Maximum Area: Signs allowed may not exceed thirty two (32) square feet in area or 0.20 square feet of sign area per linear foot of street frontage, whichever is greater, but in no case may the sign exceed one hundred fifty (150) square feet in area. The maximum sign area calculation must be based on the street frontage to which the sign is oriented.

   D.   Maximum Height Of On-Premises Projecting And Freestanding Signs: On-premises projecting signs and freestanding signs may not exceed twenty feet (20') in height.

   E.   Dynamic Displays On On-Premises Wall, Projecting And Freestanding Signs: A maximum of one of the on-premises wall signs, projecting signs or freestanding signs allowed on a lot in a Commercial or Industrial Zoning District may include a dynamic display. The dynamic display may not exceed the maximum sign area allowed for the respective sign type or forty eight (48) square feet, whichever is less. The sign area allowed for a dynamic display is not in addition to the maximum sign area allowed for a wall, projecting or freestanding sign, but rather is counted as part of the maximum area of the wall, projecting or freestanding sign. Only one, contiguous dynamic display is allowed on a wall, projecting or freestanding sign face. Off-premises outdoor advertising signs that incorporate a dynamic display are subject to the dynamic display regulations of section 10-12-9 of this chapter.

   F.   Off-Premises Outdoor Advertising Signs: Off-premises outdoor advertising signs are allowed only in compliance with regulations of this subsection F.

      1.   Where Allowed: See section 10-6-1, table 6-1 of this title to determine which zoning districts allow off-premises outdoor advertising signs.

      2.   Maximum Number And Area: The maximum number and area of allowed off-premises outdoor advertising signs is governed by the sign budget provisions of subsection C of this section.

      3.   Maximum Height: Off-premises outdoor advertising signs may not exceed thirty feet (30') in height.

      4.   Orientation: All off-premises outdoor advertising signs must be oriented to be primarily visible from the adjacent roadway.

      5.   Required Setbacks, Spacing And Separations:

         a.   All off-premises outdoor advertising signs must be separated by a minimum distance of one thousand two hundred feet (1,200') from any other off-premises outdoor advertising sign except when the subject signs are separated by and on opposite sides of the same road.

         b.   Off-premises outdoor advertising signs must be separated by a minimum distance of one hundred fifty feet (150') from any public park.

         c.   Off-premises outdoor advertising signs that are visible from an R District or from a designated residential development area must be separated from the R District or residential development area by a minimum distance of one hundred fifty feet (150').

         d.   See subsection 10-12-4B of this chapter for setback, spacing and separation regulations generally applicable to all signs.

      6.   Number Of Sign Faces: Off-premises outdoor advertising signs may not have more than two (2) sign faces. See also subsection 10-12-12A3 of this chapter.

      7.   Cutouts And Extensions: Cutouts or extensions are permitted and do not count in calculating the sign area of an off-premises outdoor advertising sign unless the cutouts or extensions exceed fifteen percent (15%) of the sign face, in which case the cutout or extension area in excess of fifteen percent (15%) of the sign face area does count.

      8.   Posts And Columns: Off-premises outdoor advertising signs that are freestanding may not be supported by more than one post or column unless required by site engineering considerations, as certified by a registered professional engineer.

      9.   Illumination:

         a.   Illumination on the face of any off-premises outdoor advertising sign may not exceed seventy (70) foot-candles.

         b.   Any illumination must be by constant light unless otherwise expressly stated.

         c.   No off-premises outdoor advertising sign may contain flashing, blinking or traveling lights or reflective glitter.

      10.   Conversion: A sign permitted as an off-premises outdoor advertising sign may not be converted to any other type of sign without first obtaining a permit. The reverse is also true.

      11.   Dynamic Displays:

         a.   Off-premises outdoor advertising signs that incorporate a dynamic display are subject to the dynamic display regulations of section 10-12-9 of this chapter.

         b.   No off-premises outdoor advertising sign with a dynamic display may be modified, extended, or enlarged until a permit has been issued for its installation and use as a dynamic display sign.

         c.   The conversion of an off-premises outdoor advertising sign into an off-premises outdoor advertising sign with a dynamic display requires a permit as if it were an entirely new sign.

         d.   A nonconforming off-premises outdoor advertising sign may not be modified, changed or converted into a dynamic display off- premises outdoor advertising sign unless it complies with all requirements of this UDO, and all setback, spacing and separation requirements have been verified. (Ord. 2018-16, 12-4-2018)

   A.   AG District: See section 10-12-5 of this chapter.

   B.   PD District: Except as otherwise expressly allowed as part of an approved PD development plan:

      1.   Residential development areas are subject to the sign regulations that apply to R Districts; and

      2.   Nonresidential development areas are subject to the sign regulations that apply to Commercial and Industrial Districts. (Ord. 2018-16, 12-4-2018)

The supplemental regulations of this section apply to all signs with dynamic displays. Except as otherwise expressly stated, these regulations apply whether incorporated into off-premises outdoor advertising signs or on-premises signs that are allowed to include a dynamic display.

   A.   The images and messages displayed on a dynamic display must have a minimum dwell time of at least eight (8) seconds and may not contain any movement, animation, audio, video, pyrotechnics or other special effects.

   B.   The transition or change from one message to another must occur in one second or less and involve no animation or special effects.

   C.   The images and messages displayed must be complete in and of themselves within the required dwell time.

   D.   Dynamic displays may not be located within fifty feet (50') of the driving surface of a signalized intersection, measured horizontally in a straight line from the nearest point of the sign structure to the nearest point of the intersection.

   E.   Dynamic displays may not be located within or within twenty feet (20') of the driving surface of a street, measured horizontally in a straight line from the nearest point of the sign structure to the nearest point of the street curb or edge of the traveled roadway marked or understood as such.

   F.   Dynamic displays may not be located within two hundred feet (200') of any of the following: 1) an R District or 2) a residential development area. This separation distance does not apply if the dynamic display is not visible from the referenced district, area or lot, and the requirements may be modified in R and AG Districts if approved through the special exception process. Required separation distances must be measured horizontally in a straight line from the nearest point on a sign structure to the nearest point of an R District or residential development area boundary.

   G.   Dynamic displays must be equipped with a default mechanism that freezes the display in one position or presents a static or blank display if a malfunction occurs.

   H.   Dynamic displays must be equipped with a light detector/photocell that automatically adjusts the display's brightness according to natural ambient light conditions.

   I.   The maximum brightness level of a dynamic display may not exceed six thousand five hundred (6,500) nits (candelas per square meter) during daylight hours or five hundred (500) nits between thirty (30) minutes after sunset and thirty (30) minutes before sunrise, as those times are determined by the National Weather Service (Actual Time). Brightness must be measured from the brightest element of the sign's face. (Ord. 2018-16, 12-4-2018)

   A.   Any person proposing to erect any sign requiring a sign permit must submit a sign permit application to the Community Development Director. Applications for such permit must be accompanied by detailed plans, including scaled drawings of the proposed sign, a detailed site plan and other information deemed necessary by the Community Development Director to determine compliance with applicable regulations.

   B.   Sign permit fees must be paid prior to the issuance of a sign permit.

   C.   If the work associated with a sign permit has not been completed within one hundred eighty (180) days of the date of the issuance of the permit, such permit will lapse and become null and void. (Ord. 2018-16, 12-4-2018)

   A.   Description: A nonconforming sign is a sign that was lawfully established but that no longer complies with applicable UDO regulations because of the adoption or amendment of regulations after the sign was established.

   B.   On-Premises Signs: Nonconforming on-premises signs may continue subject to the following provisions:

      1.   Nonconforming on-premises signs must be maintained in good repair and safe condition. No permits may be issued for upgrades or modifications of nonconforming signs.

      2.   If an on-premises sign is nonconforming by reason of restrictions on its brightness or illumination or its use of strobe or beacon lights, the sign must be immediately removed or made to conform.

      3.   A window sign that is nonconforming by reason of restrictions on its sign area must be immediately removed or made to conform.

      4.   If a nonconforming on-premises sign is damaged or partially destroyed to the extent of more than fifty percent (50%) of its replacement cost at the time of damage, the sign must be removed or made to conform to all applicable regulations within ninety (90) days of the date of damage or destruction.

      5.   If the on-premises sign is not used for advertising purposes for a period of one hundred eighty (180) consecutive days, the sign is deemed abandoned and must be removed.

   C.   Strobe Lights And Beacons: Search lights, strobe lights and rotating beacon lights that are visible from public right-of-way are prohibited and must be removed immediately, except as otherwise required by law.

   D.   Off-Premises Outdoor Advertising Signs: Nonconforming off- premises outdoor advertising signs may continue subject to the following provisions:

      1.   Nonconforming off-premises outdoor advertising signs must be maintained in good repair and safe condition. No permits may be issued for upgrades or modifications of nonconforming off- premises outdoor advertising signs.

      2.   If an off-premises outdoor advertising sign is nonconforming by reason of restrictions on its brightness or illumination or its use of strobe or beacon lights, the sign must be immediately removed or made to conform.

      3.   If a nonconforming off-premises outdoor advertising sign is damaged or partially destroyed to the extent of more than fifty percent (50%) of its replacement cost at the time of damage, the sign must be removed or made to conform to all applicable regulations within ninety (90) days of the date of damage or destruction.

      4.   If a nonconforming off-premises outdoor advertising sign is not used for advertising purposes for a period of one hundred eighty (180) consecutive days, the nonconforming off-premises outdoor advertising sign is deemed to have been abandoned and must be removed. A sign that directs attention to the sign owner's outdoor advertising business, commodity, or service is not considered "outdoor advertising" for purposes of administering and enforcing the provisions of this section. (Ord. 2018-16, 12-4-2018)

   A.   Sign Area:

      1.   Signs Enclosed In Frames Or Cabinets: The area of a sign enclosed in a frame or cabinet is determined based on the outer dimensions of the frame or cabinet surrounding the sign face (see figure 12-2 of this section).

      2.   Channel (Individual) Letter Signs:

         a.   The area of a sign comprised of individual letters or elements attached to a building wall is determined by calculating the area of the smallest geometric figure (e.g., square, rectangle, circle, polygon, etc.) that can be drawn around the letters and/or elements (see figure 12-3 of this section).

         b.   Signs consisting of individual letters and/or elements will be measured as one sign when the distance between the letters and/or elements is less than the largest dimension of the largest sign letter (see figure 12-4 of this section).

      3.   Multi-Sided Signs: Unless otherwise expressly stated, when the sign faces of a multi-sided sign are parallel or within thirty degrees (30°) of parallel, only one side is counted for the purpose of determining the area and number of signs. If the sign faces are not parallel or within thirty degrees (30°) of parallel, all sign faces are counted (see figure 12-5 of this section).

      4.   Non-Planar Signs: Spherical, free-form, sculptural or other non-planar sign area is measured as fifty percent (50%) of the sum of the areas using only the four (4) vertical sides of the smallest 4-sided polyhedron that will encompass the sign structure. Signs with greater than four (4) polyhedron faces are prohibited.

   B.   Sign Height: The height of a sign is measured as the vertical distance from curb level to the highest point of the sign.

   C.   Setback, Spacing And Separation Distances:

      1.   Required setback, spacing and separation distances between signs must be measured in a straight line from the nearest points on the respective sign structures. Required separation distances between signs and zoning districts, area or lots must be measured in a straight line from the nearest point on the sign structure to the nearest point of the subject district, area or lot.

      2.   The required separation distance between off-premises outdoor advertising signs must be measured in a straight line from the center of the respective off-premises outdoor advertising sign structures, as located on the ground.

   D.   Illumination And Luminance:

      1.   Foot-Candles: Sign illumination in foot-candles is measured two feet (2') from the sign face.

      2.   Nits: For the purpose of verifying compliance with maximum brightness level limits expressed in "nits", brightness levels must be measured with the dynamic display set to run full white copy with a luminance meter positioned at a location perpendicular to the sign face center. When taking the luminance reading, the sign face must be the only subject visible in the viewfinder.

   E.   Window Area: The area of a window includes only the glass or glazed elements of the window. Frames, mullions and similar features are not counted as part of the window area (see figure 12-8 of this section).

(Ord. 2018-16, 12-4-2018)

DWELL TIME (SIGN): The duration or interval of time during that each individual advertisement or message is displayed on any sign with a dynamic display.

RULES OF MEASUREMENT (SIGN): See section 10-12-12 of this chapter.

SIGN: Any object, device, structure or part thereof used to advertise, identify, display or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs as defined herein do not include temporary holiday decorations; or landscape features that display no words or symbols.

Animation Sign: The presentation of pictorials and graphics on signs displayed in a progression of frames that give the illusion of motion, including but not limited to the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes.

Banner Sign: A sign composed of lightweight, flexible, non- rigid material that is mounted to a pole or a structure at one or more edges either vertically or horizontally. Flags are not considered banners.

Campaign Sign: A temporary sign displayed on a lot during an active local, State or Federal campaign for public office or ballot issue or referenda, generally intended to promote the ultimate exercise of voting by the general public.

Commercial Message (Sign): See section 10-20-6 of this title, definition of "commercial message".

Construction Sign: A temporary sign located on a lot upon which building or construction is actively occurring.

Development Plan Sign: A sign approved as part of a development plan (see section 10-15-7 of this title) that directs attention to a business, commodity, service, or activity that is conducted, sold, or offered on property that lies within the boundaries of an approved development plan covering a contiguous area that includes both the subject sign and the subject business, commodity, service, or activity.

Drive-Through Sign: A sign located on the site of an allowed drive-through use.

Driveway Sign: A sign located near a driveway entrance from a street or near an internal site driveway or drive aisle (see also subsection 10-12-3A of this chapter).

Flag Sign: A generally rectangular or triangular sign or part of a sign made of fabric or other pliant material attached to a flagpole only along one side and which predominately displays distinctive colors, images, shapes or designs rather than legible words, letters, numbers or other linguistic characters.

Flashing (Illumination) Sign: A light source or other image that in whole or in part physically changes in light intensity or gives the appearance of such change.

Freestanding Sign: A sign that is part of a self-supporting structure, other than a building or portion of a building. Sometimes referred to as a "ground sign".

Illuminated Sign: Any sign, other than a dynamic display, that is directly lighted by any constant light source, internal or external, except light sources specifically and clearly operated for the purpose of lighting the general area in which the sign is located rather than the sign itself.

Monument Sign: A freestanding sign where the base of the sign structure is on the ground or no more than twelve inches (12") above the ground adjacent to the sign. Typically constructed of brick, wood, stone, or metal, monument signs have a base that is at least seventy five percent (75%) of the width of the sign face.

Nameplate (Sign): A sign attached flush against a building.

Off-Premises Business Sign: A sign that directs attention to a business, commodity, service, or activity that is conducted, sold or offered within the development where the subject sign is located and that is expressly approved as part of a mandatory development plan.

Off-Premises Outdoor Advertising Sign: See subsection 10-6-10B of this title.

On-Premises Sign: A sign that directs attention to a business, commodity, service, or activity that is conducted, sold or offered upon the lot where the subject sign is located.

Projecting Sign: A sign that is affixed to a building wall, canopy, awning or marquee and that extends horizontally more than fifteen inches (15") from the wall, canopy, awning or marquee.

Promotional Sign: A temporary sign that is located on a lot on which a business promotion is actively occurring and that consists of tinsel, flags, balloons, banners, wind devices, or similar attention-getting devices, whether or not the same contain any words, numbers or characters.

Real Estate Sign: A temporary sign located on a lot or portion of a lot that is actively being marketed for sale, rental or lease.

Roof Sign: A sign that is affixed to a roof, extended roof, pitched roof, or canopy, and that extends above the building wall or parapet wall.

Special Event Sign: A sign approved in connection with a special event permit approved by the City Council (see also subsection 10-12-3E6 of this chapter).

Wall Sign: A sign affixed to a building wall, canopy, awning, marquee or parapet wall, or a sign displayed in or on a door that does not extend horizontally more than fifteen inches (15") from the wall, canopy, awning, marquee, parapet wall, or door, nor extend above the parapet wall.

   Wind Device (Sign): Any flag, banner, pennant, streamer or similar device that moves freely in the wind.

   Window Sign: A sign attached to a window.

SIGN AREA: See subsection 10-12-12A of this chapter.

SIGN BUDGET: Sign regulations governing the maximum aggregate number and/or maximum aggregate area of all or a defined group of signs on a lot.

SIGN, DYNAMIC DISPLAY: Any element of a sign or sign structure capable of displaying words, symbols, figures, images or messages that can be electronically or mechanically changed by remote or automatic means. This also includes any display that incorporates rotating panels, LED lights manipulated through digital input, "digital ink" or any other method or technology that allows a sign to present a series of images, messages or displays.

SIGN, HEIGHT OF: See subsection 10-12-12B of this chapter.

SIGN, ILLUMINATION AND LUMINANCE: See subsection 10-12-12D of this chapter.

STATIC MESSAGE (SIGN): An advertisement or message that, when displayed, contains no motion, flashing, changeable copy, running lights, variances in brightness, or animation.

STORYBOARDING (SIGN): The consecutive display of advertisements or messages on a sign, used to provide a continuing or evolving message, theme or story.

WORD (SIGN): Any and all of the following (otherwise, each separate character is considered to be a word):

   A.   A word in any language found in any standard unabridged dictionary or dictionary of slang.

   B.   A proper noun or any initial.

   C.   A separate symbol or abbreviation, such as "&", "S", "%" and "INC".

   D.   A telephone number, street number or commonly used combination of numerals and/or symbols such as "$5.00" or "50%".

   E.   A symbol or logo that is a registered trademark, but that itself contains no word or character. (Ord. 2018-16, 12-4-2018)