84 - SIGNS
Sections:
The purpose of these provisions is intended to lessen threats to public safety from poorly constructed and maintained signs; to ensure compatibility of location, size and placement of signs; to prevent hazards to life and property; to protect against hazards to vehicular traffic movements through improper placement of signs; and to preserve the natural beauty and attractiveness of the city.
(Ord. 2005-26 § 3: Ord. 2001-14 (part): prior code § 21.45)
(Ord. No. 2022-09, § 2, 8-23-2022)
As used in this chapter:
"Billboard" means a structure which directs attention to a business, commodity, service, activity or entertainment not conducted or offered upon the premises where the structure is located.
"City" means the city of River Falls, Pierce and St. Croix Counties, Wisconsin.
"Display surface area" means the area enclosed by the outer extremities of all letters, characters or delineations used for purposes to attract attention to a given sign. A display surface shall not include supports or devices used to attach the sign to another structure. In addition, one side of a double-faced sign shall be considered in determining the display surface area.
"Erect" means to build, construct, attach, hang, place, suspend or affix a sign to another structure.
"Public service message" means advertising of a civic or philanthropic nature displayed or posted in the interest of community welfare or service.
"Sign" any object, device, display, structure, or part thereof, situated outdoors, that is used to advertise, identify, display, direct, 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.
Sign, Abandoned. "Abandoned sign" means any sign, sign message, or sign frame and its supporting equipment that is in disrepair, no longer in use by the occupying business, nonfunctioning, not in compliance with city or state electrical code, or a threat to the health, safety and welfare of the general public.
Sign, Advertising. "Advertising sign" means a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
"Sign banner" means an advertising sign intended to be hung either with or without a frame possessing characters, letters or ornamentations applied to paper, plastic or fabric.
Sign, Business. "Business sign" means a sign which directs attention to a business or profession, a commodity or service, or entertainment sold or offered upon the premises where such a sign is located.
Sign, Construction. "Construction sign" means a sign that advertises properties for sale by the builder(s), financing organizations, contractors or others associated with the construction of a residential subdivision or commercial development.
Sign, Directional Garage Sale. "Directional garage sale sign" means a temporary off-site sign used to advertise and direct people to the site of used goods at normally at a residence.
Sign, Directional Real Estate. "Directional real estate sign" means an off-premise sign serving to designate the location and/or direction of property for sale, lease, or rent, including a residential or commercial development.
Sign, Electronic Reader Board. "Electronic reader board sign" means any sign that by electronic or digital means displays words, lines, logos, graphic images, or symbols that can change automatically or by computer program change to provide different information, and which includes computer signs, LED and other video display signs, and time and temperature signs.
Sign, Flashing. "Flashing sign" means an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use, but not including an electronic reader board sign when such sign meets all requirements of this chapter.
Sign, Flush-Mounted. "Flush-mounted sign" means any sign which is erected so as to be parallel to and not projecting away from a building or structure a distance greater than two feet.
Sign, Illuminated. "Illuminated sign" means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.
Sign, Incidental. "Incidental sign" means a sign that carries no advertising message, and is clearly incidental to other major signs on site, and which is used to do one or more of the following: direct certain activities to certain areas (e.g., handicapped parking); prohibit the parking of unauthorized vehicles; or provide other incidental information. These signs shall not count toward the total square footage of signage allowed per lot.
Sign, Monument. "Monument sign" means a detached ground-mounted sign that has a majority of the base of the sign within two feet above the ground and has a total height no greater than eight feet as measured from the original grade.
Sign, Moving. "Moving sign" means any sign that has motion or rotates.
Sign, Nonconforming. "Nonconforming sign" means any sign that does not comply with the terms of this chapter.
Sign, Off-Premises. "Off-premises sign" means a sign identifying or advertising a business, person, activity, goods, products or services not located on the premises where the business or commercial activity is conducted.
Sign, On-Premises. "On-premises sign" means a sign identifying or advertising a business, person, activity, goods, products or services located on a premises where the business or commercial activity is conducted.
Sign, Political Campaign. "Political campaign sign" means any sign urging the election or defeat of any candidate seeking any elective office, or urging the passage or defeat of any ballot measure, but not including any billboard owned or maintained by a commercial firm or advertising company.
Sign, Portable. "Portable sign" means a sign that is to be displayed only during business hours which is not permanently attached to the ground or a building and is of an A frame, hinged or sandwich type design. For the purposes of this title, "permanently attached" includes such means of attachment as bolts, concrete footings or foundations, or similar such devices.
Sign, Pylon. "Pylon sign" means a freestanding sign erected upon a single or two pylons or posts and the majority of the base of the sign is greater than two feet above the original grade.
Sign, Real Estate. "Real estate sign" means an on premise sign advertising a property for sale, lease or rent.
Sign, Roof. "Roof sign" means any sign wholly erected on the roof structure or parapet wall of any building.
Sign, Rotating. "Rotating sign" means a sign which revolves or rotates on an axis.
Sign, Temporary. "Temporary sign" means a sign that is to be displayed only for a short time which is not permanently attached to the ground or a building and which does not fit the definition of a portable sign. For purposes of this title, "permanently attached" includes such means of attachment as bolts, concrete footings or foundations or similar such devices. All signs on wheels are temporary signs. Temporary signs shall not include real estate, directional real estate, or political campaign signs. Inflatable and banner signs shall be considered temporary signs.
"Zoning district" means those districts as defined by this title.
(Ord. 2006-21 § 1; Ord. 2005-26 § 4; Ord. 2001-14 (part): prior code § 21.46)
(Ord. 2008-12, § 1, 5-13-08; Ord. No. 2022-09, § 2, 8-23-2022; Ord. No. 2023-10, § 2, 7-11-2023)
A.
All signs used for advertising erected or maintained within the city limits require a permit except where specifically exempted in this title. Permits shall not be required for the following:
1.
Political campaign signs;
2.
Real estate and directional real estate signs;
3.
Memorials embedded in another structure;
4.
Holiday and celebration signs;
5.
Traffic control and other city regulatory and information signs;
6.
Park signs (city only);
7.
Advertising of garage sales, nonprofit organization functions, and community events;
8.
Incidental signs;
9.
University district signs.
B.
Signs shall not be permitted or continued that:
1.
Obstruct vehicular or pedestrian movement in any way;
2.
Would tend, by location, color or nature, to be confused with or obstruct traffic control signs or devices;
3.
Are located in the public right-of-way, except that a property owner of property in the business overlay district may place one portable sign between the curb and property line;
4.
Obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress to any building or structure;
5.
Violate the vision clearance triangle as defined in the municipal code.
C.
Unsafe and Unlawful Signs. If the city finds that any sign or other similar device regulated by this chapter is unsafe, insecure, unlawful or is a general menace to the public, the city shall give written notice to the permittee or property owner thereof. If the permittee or property owner fails to remove or alter the sign so as to comply with the provisions of this chapter, within ten (10) days after the receipt of such written notice, the city may have such a sign removed at the permittee's or property owner's expense. If the city determines that any sign is an immediate peril or danger to the public, such sign may be removed summarily and without notice. Costs of this immediate action shall be the responsibility of the permittee or property owner.
D.
Abandoned Signs.
1.
Abandoned signs shall be removed by the owner or lessee within twelve (12) months after that the business, products, or services it advertises is no longer conducted thereon.
2.
If the owner or lessee fails to remove the abandoned sign, the city shall give the owner a thirty (30) day written notice by certified mail to remove the sign.
3.
Upon failure to comply with the notice, the city shall either cause removal to be executed or fine the property owner or lessee for each day of noncompliance. If the city causes removal, then the expense shall become a lien against the property at the time of the removal and shall automatically be extended upon the tax roll as a delinquent tax against the property.
E.
Temporary, Banner and Portable Signs.
1.
One portable sign shall be permitted per business, in addition to permanent signage. No permit shall be required.
2.
Portable signs shall not exceed a height of four feet and a width of four feet.
3.
Portable signs shall not be placed in the right-of-way when outside of the downtown overlay district.
4.
One temporary or banner sign shall be permitted per business for no more than sixty (60) days during a calendar year.
5.
A permit shall be obtained for each day that a temporary or banner sign is used or erected. Permits may be issued for blocks of time not to exceed sixty (60) days per calendar year.
6.
A permit may be issued for a temporary sign when a business is disrupted due to public construction, for a suitable period in addition to the time allowed for temporary signs.
F.
Real Estate and Directional Real Estate Signs. One real estate sign shall be permitted on a property and shall not be located in the right-of-way. A permit shall not be required.
1.
There shall be no more than four directional real estate signs per property, residential or commercial development, model home, or open house.
2.
Directional real estate signs shall be permitted between the hours of three p.m. Friday to ten p.m. Sunday. A permit shall not be required.
3.
Directional real estate signs shall not exceed four square feet in display surface area and shall not exceed two and one-half feet in height as measured from the top of the curb nearest the sign. If no curb exists, the height shall be measured from the street grade nearest the sign.
4.
Real estate or directional real estate signs shall be placed only in the ground and not on any structures, signs, utility poles, trees or other similar objects.
5.
Any person seeking to erect a real estate or directional real estate sign not in conformity with this provision may apply for a special event permit from the department of community development pursuant to the application process established in Section 17.84.070. In addition to the relevant information required under Section 17.84.070, the applicant shall also provide the location for, the number of signs requested, and the date(s) the signs shall be erected. A special event permit granted by the department of community development for a single property, residential development, or commercial development shall only be valid for a maximum of three days per calendar year. Given the greater time period generally involved in community and public events, including, but not limited to, the Parade of Homes, a special event permit granted by the department of community development for multiple properties involved in a common event shall only be valid for a maximum of forty-five (45) days per calendar year.
6.
In addition to the penalties provided pursuant to Section 17.84.090(E), real estate and directional real estate signs not in compliance with the provisions of this chapter may be removed by the city. A recovery fee of five dollars ($5.00) per sign shall be charged to the sign owner for return of the sign. Any sign not recovered by the sign owner within seven days after removal may be disposed of by the city.
7.
Real estate signs shall only be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
G.
Construction Signs.
1.
Permits shall not be required for construction signs.
2.
Two construction signs shall be permitted per subdivision or development.
3.
Construction signs shall be allowed on the property under construction but shall not be located in the right-of-way.
4.
Construction signs shall be removed when the certificate of occupancy has been issued or the construction completed.
5.
Construction signs shall only be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
H.
Garage Sale Signs.
1.
One garage sale sign shall be permitted on the property hosting the sale, however the sign shall not be located in the right-of-way.
2.
Directional garage sale signs shall not be erected more than forty-eight (48) hours prior to the sale or event and shall be removed within forty-eight (48) hours after.
3.
A permit shall not be required for garage sale signs.
4.
Garage sale signs shall be placed in the ground and not on any public light, sign, utility pole, tree or other similar structure.
5.
All garage sale signs shall be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
I.
Area Calculation. The following will be used in the calculation of the gross surface display area for signs.
1.
If a sign is enclosed by a box or an outline, the total area of the box or outline will be the sign area.
2.
If a sign consists of individual letters or figures, the imaginary outline which would enclose all letters or figures shall be the sign area.
3.
One side of a double-faced sign shall be counted toward the total sign area.
J.
Electronic Reader Board Signs. Such signs:
1.
Shall be permitted in the B-1, B-2, B-3, I-1, I-2, U, HZ, SZ, and P zoning districts (except per subsection 2), and for the following where such uses are allowed in other zoning districts under this chapter:
a.
Public parks, playgrounds, and recreational buildings;
b.
Churches, columbaria, schools, parking lot facilities, day care centers, libraries, hospitals and nursing homes;
c.
Municipal buildings, warehouses, garages, shops and storage yards;
d.
Charitable institutions, clubs and lodges;
e.
Planned unit developments where authorized by a city-approved specific implementation plan.
2.
Notwithstanding the allowances in subsection 1, shall be prohibited within the downtown overlay district described in Chapter 17.68, and where also billboards shall be allowed only in the I-1 and I-2 districts by special use permit.
3.
If within an SZ, P, or residential zoning district, shall not exceed twenty-four (24) square feet in sign area or be operational between 8:00 p.m. and 6:00 a.m. (or shall revert to a dark screen if operational during such hours).
4.
Shall be included in the calculation of permitted sign area for the business or lot, and subject to the same height and area requirements as other signs in the zoning district.
5.
Shall not be positioned such that the electronic reader board component is both visible and within two hundred (200) feet from any building occupied exclusively for residential use.
6.
Only one such sign is permitted per lot.
7.
Temporary signs as defined in Section 17.84.020 of this chapter are prohibited on a lot with an electronic reader board sign.
8.
Except for billboards where allowed, shall be part of a monument sign only and shall not exceed seventy-five (75) percent of the total sign area on such sign. Further, monument sign base shall be at least seventy-five (75) percent of the width of the sign face, with the base constructed with materials similar to the exterior materials used on the principal building on the same lot.
9.
Shall not contain any message or image that resembles or may be confused with a traffic control device.
10.
Shall be maintained so as to display messages in a complete and legible manner, with consideration of the distance and travel speed of intended users.
11.
Each image or message shall remain static for no less than fifteen (15) minutes in an SZ, P, or residential zoning district; one minute for non-billboard applications in other zoning districts; and fifteen (15) seconds for billboards where permitted. No more frequent changes, scrolling, intermittent brightness changes, or animation is permitted.
12.
Transitions from one image or message to another shall be instantaneous; no fading, fly in, float in, or other alternative transitional approaches area permitted.
13.
Shall be equipped with and shall at all times utilize photosensitive equipment which automatically adjusts the brightness and contrast in direct relation to the ambient outdoor illumination, such that brightness is not in excess of 0.5 footcandle above ambient lighting conditions.
14.
Shall be equipped with and shall at all times utilize a function that shuts the sign off or defaults to a dark screen in event of malfunction.
15.
May not include any message or image advertising products or services not offered on the same site, except for billboards where permitted or for information of interest to the general public that is not directly tied to a private use or product.
16.
As part of its consideration of a special use permit for a billboard that is also an electronic reader board sign, the plan commission shall require:
a.
Placement no closer than one mile from any other billboard that is also an electronic reader board sign. Measurement shall be as the crow flies from sign base to sign base.
b.
A two square foot reduction of sign area from a traditional/static message billboard on the same premises, or elsewhere in the city from a billboard controlled by the same or affiliated entity, for every one square foot of electronic reader board/billboard sign area.
c.
A decorative support/base with design and materials that complement the city and the sign's surroundings, a landscape plan that effectively screens the support/base, or some combination.
(Ord. 2007-21 §§ 1, 2; Ord. 2006-21 § 2; Ord. 2005-26 §§ 5—7; Ord. 2001-14 (part): prior code § 21.47)
(Ord. No. 2022-09, § 2, 8-23-2022; Ord. No. 2023-10, § 3, 7-11-2023)
A.
Residential Districts.
1.
Nonresidential uses in residential zoning districts shall be allowed one unlighted wall sign not to exceed thirty-two (32) square feet or one unlighted monument sign not to exceed thirty-two (32) square feet per sign face (not to exceed two sign faces total. Signs must be set back ten (10) feet from the right-of-way and located no closer than five feet to the adjacent lot.
2.
Single Family. For each dwelling unit, nameplates and identification signs indicating the name and the address of the occupant shall be allowed, provided that such nameplates do not exceed a total of two square feet in area.
3.
Home Occupations. One unlighted sign per dwelling shall be allowed where home occupations have been permitted. Signs for home occupations shall not exceed four square feet and shall be attached to the wall of the structure so as not to project more than eighteen (18) inches from the wall.
4.
Residential Entrance Signs. Each residential development shall be permitted two monument signs not to exceed thirty-two (32) square feet in surface display area. The sign shall not project more than eight feet above the ground. The sign, if lighted, shall be lighted from above. The sign shall be set back ten (10) feet from the right-of-way and located no closer than eight feet to any adjacent lot. Signs shall be located on private property and shall not be located in the right-of-way. A homeowner's association, the developer, or owner of record shall maintain the signs and their surrounding landscape.
B.
General Commercial. Signs erected in the general commercial district shall adhere to the following requirements and those in the downtown overlay district.
1.
The total display surface area for signs on any one structure or lot shall not exceed an area in of two square feet of surface area for every one lineal foot of building frontage.
2.
The total surface display area of any sign shall not exceed sixty (60) square feet on any one structure.
3.
No overhanging sign shall exceed fifty (50) square feet of area and the total area of each overhanging sign shall not exceed one hundred (100) square feet of area.
4.
Signs erected in this district shall not project out from the face of any building more than seven feet. This horizontal distance shall include any necessary mounting or erection apparatus with which the sign is affixed thereto.
5.
No sign shall extend a vertical distance closer than ten (10) feet to the average grade of the sidewalk.
C.
Limited Commercial District. Signs permitted in this district shall comply with the following regulations and those in the downtown overlay district:
1.
No pylon sign shall be permitted in a location where its distance from any lot line is less than its vertical height as measured to the highest point of the sign.
2.
Overhanging signs may be permitted if such overhanging signs do not project into the right-of-way.
3.
Display surface area requirements shall be the same as display surface area requirements in the general commercial district.
D.
Highway Commercial District. Signs permitted in this district shall comply with the following regulations:
1.
No pylon sign shall be permitted in a location where its distance from any lot line is less than its vertical height as measured to the highest point of the sign.
2.
No single pylon sign shall have a total sign area that exceeds sixty (60) square feet of area.
3.
Each lot of at least one hundred (100) feet of lineal street frontage may be permitted one pylon sign. An additional pylon may be permitted for lots that have five hundred (500) feet or more of street frontage and are located on arterial roads as defined on the official map.
4.
The total display surface area for signs on any one lot shall not exceed an area of two square feet of surface area for every one lineal foot of lot frontage.
5.
Pylon signs that are landscaped (plantings and shrubbery) at the base may be permitted to exceed these area limits by no more than twenty (20) percent.
6.
Prohibited signs: Flashing signs and moving signs.
E.
Light Industrial and Heavy Industrial. Sign regulations for this district shall be the same as those in the highway commercial district except that the following signs shall be prohibited: pylon signs, flashing signs, and moving signs.
F.
University District. Signs in this district shall comply with the following regulations. A permit shall not be required.
1.
The total display surface area for signs on any one structure (i.e., wall signs) shall not exceed an area of two square feet of surface area for every one lineal foot of the building facade on which the sign will be erected.
2.
No monument sign shall be permitted in a location where its distance from any lot line is less than its vertical height as measured to the highest point of the sign.
3.
No monument sign shall have a total sign area that exceeds sixty (60) square feet.
4.
Monument signs that are landscaped (plantings and shrubbery) at the base may be permitted to exceed these area limits by no more than twenty (20) percent.
5.
Lighting.
a.
Wall signs shall be lighted from above. Monument signs may be lighted from below, above or internally where only the text on the sign is illuminated.
b.
Lighted signs shall project light onto but not outside of the edges of the sign.
c.
Lighting must be landscaped and shielded from view from any right-of-way unless lighted from above or internally.
d.
Lighting shall emit a continuous light.
6.
Prohibited signs: Flashing signs and moving signs.
(Ord. 2007-21 § 3; Ord. 2005-26 § 8; Ord. 2001-14 (part): prior code § 21.48)
(Ord. No. 2022-09, § 2, 8-23-2022)
Political campaign signs shall adhere to the regulations contained herein. It shall be the responsibility of the candidate or his or her designee to ensure that political campaign signs are installed in compliance with these regulations. The following regulations shall apply to all zoning districts within the city:
A.
No permit shall be required for the installation of a political campaign sign within the city.
B.
The city assumes the authority to enforce the applicable provisions of these sign regulations even though no permit is required.
C.
All political campaign signs shall be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
D.
No political campaign sign shall be attached to any boulevard tree, utility pole or traffic control device.
E.
All political signs in residential zoning districts shall not be lighted.
(Ord. 2001-14 (part): prior code § 21.49)
(Ord. No. 2022-09, § 2, 8-23-2022)
The plan commission may grant special sign permits in the event an applicant's proposed sign, though nonconforming in terms of the rules and regulations of this subchapter, may be aesthetically acceptable, innovative, functional and in the best interests of the city. It is recognized that this chapter, in attempting to regulate signs, may inhibit the creativity of advertisers in the interest of conforming to standards. Without destroying the purpose of these regulations, certain unconventional signs may be in order and acceptable. Such special sign permits must meet the following criteria:
A.
The applicant illustrates a consideration for aesthetic qualities that would be prohibited under other provisions of this chapter.
B.
The applicant can prove that erection of the proposed sign will cause no extraordinary inconvenience to traffic and pedestrian movement.
C.
The applicant has shown consideration for other property owners adjacent to or nearby the location of the sign.
D.
The person or group applying for a special sign permit shall file an application with the planning department and make payment of a fee. The fee will be set from time to time by resolution of the city council.
(Ord. 2001-14 (part): prior code § 21.50)
(Ord. 2008-12, § 2, 5-13-08)
A.
Application for a sign permit shall be made to the department of community development and shall provide the following information:
1.
Name, address and telephone number of the applicant;
2.
Location of the building, structure or lot upon which the sign is to be attached or located;
3.
Name of person, firm or agent erecting the sign;
4.
Written consent of the owner of the building, structure or land upon which the sign is to be erected;
5.
Any electrical permit required and issued for the erection of the sign;
6.
Size of the sign's display surface, material of which the sign is to be constructed, height at which the sign will be erected, a sign inventory of existing signage on the property, the area of the signs measured in square feet, and the nature of the information to be displayed on the sign.
B.
Permit Fee. For each sign permit application, a fee will be paid in the amount listed in the city fee schedule on file with the city clerk.
(Ord. 2005-26 § 9; Ord. 2001-14 (part): prior code § 21.51)
A.
A nonconforming sign shall be allowed to continue in use but shall not be enlarged, replaced, relocated or altered, except to change the message or content of the sign, without being brought into compliance with requirements of this section.
B.
Whenever a nonconforming sign is altered, repaired or damaged by fire, explosion, wind, accident or other such event, in excess of fifty (50) percent of its fair market value, it shall not be altered, repaired, replaced or reinstalled unless the replacement sign complies with the provisions of this section and other applicable regulations of this title.
C.
Nothing in the provisions of this title shall be construed as prohibiting routine repair and maintenance of any sign.
(Ord. 2001-14 (part): prior code § 21.52)
A.
The department of community development shall have primary responsibility for the enforcement of these regulations and the issuance of permits as required herein.
B.
It shall be the responsibility of the department of community development to inspect the erection of signs and assure that all signs are in compliance with the requirements of this and any other appropriate rules, regulations and ordinances of the city or this municipal code.
C.
Signs that have not been erected within six months from the date of the receipt of the permit to do so shall not be allowed to be erected until such time as a new permit has been issued and all requirements have been met.
D.
The provisions for the board of appeals in this zoning code shall apply to these regulations.
E.
Penalties. Failure to comply with the provisions of this chapter shall constitute a violation of same and violator shall be subject to a forfeiture of not less than two hundred fifty dollars ($250), as imposed by the municipal court. Each day or portion thereof during which a violation exists shall constitute a separate offense.
(Ord. 2001-14 (part): prior code § 21.53)
84 - SIGNS
Sections:
The purpose of these provisions is intended to lessen threats to public safety from poorly constructed and maintained signs; to ensure compatibility of location, size and placement of signs; to prevent hazards to life and property; to protect against hazards to vehicular traffic movements through improper placement of signs; and to preserve the natural beauty and attractiveness of the city.
(Ord. 2005-26 § 3: Ord. 2001-14 (part): prior code § 21.45)
(Ord. No. 2022-09, § 2, 8-23-2022)
As used in this chapter:
"Billboard" means a structure which directs attention to a business, commodity, service, activity or entertainment not conducted or offered upon the premises where the structure is located.
"City" means the city of River Falls, Pierce and St. Croix Counties, Wisconsin.
"Display surface area" means the area enclosed by the outer extremities of all letters, characters or delineations used for purposes to attract attention to a given sign. A display surface shall not include supports or devices used to attach the sign to another structure. In addition, one side of a double-faced sign shall be considered in determining the display surface area.
"Erect" means to build, construct, attach, hang, place, suspend or affix a sign to another structure.
"Public service message" means advertising of a civic or philanthropic nature displayed or posted in the interest of community welfare or service.
"Sign" any object, device, display, structure, or part thereof, situated outdoors, that is used to advertise, identify, display, direct, 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.
Sign, Abandoned. "Abandoned sign" means any sign, sign message, or sign frame and its supporting equipment that is in disrepair, no longer in use by the occupying business, nonfunctioning, not in compliance with city or state electrical code, or a threat to the health, safety and welfare of the general public.
Sign, Advertising. "Advertising sign" means a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
"Sign banner" means an advertising sign intended to be hung either with or without a frame possessing characters, letters or ornamentations applied to paper, plastic or fabric.
Sign, Business. "Business sign" means a sign which directs attention to a business or profession, a commodity or service, or entertainment sold or offered upon the premises where such a sign is located.
Sign, Construction. "Construction sign" means a sign that advertises properties for sale by the builder(s), financing organizations, contractors or others associated with the construction of a residential subdivision or commercial development.
Sign, Directional Garage Sale. "Directional garage sale sign" means a temporary off-site sign used to advertise and direct people to the site of used goods at normally at a residence.
Sign, Directional Real Estate. "Directional real estate sign" means an off-premise sign serving to designate the location and/or direction of property for sale, lease, or rent, including a residential or commercial development.
Sign, Electronic Reader Board. "Electronic reader board sign" means any sign that by electronic or digital means displays words, lines, logos, graphic images, or symbols that can change automatically or by computer program change to provide different information, and which includes computer signs, LED and other video display signs, and time and temperature signs.
Sign, Flashing. "Flashing sign" means an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use, but not including an electronic reader board sign when such sign meets all requirements of this chapter.
Sign, Flush-Mounted. "Flush-mounted sign" means any sign which is erected so as to be parallel to and not projecting away from a building or structure a distance greater than two feet.
Sign, Illuminated. "Illuminated sign" means any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.
Sign, Incidental. "Incidental sign" means a sign that carries no advertising message, and is clearly incidental to other major signs on site, and which is used to do one or more of the following: direct certain activities to certain areas (e.g., handicapped parking); prohibit the parking of unauthorized vehicles; or provide other incidental information. These signs shall not count toward the total square footage of signage allowed per lot.
Sign, Monument. "Monument sign" means a detached ground-mounted sign that has a majority of the base of the sign within two feet above the ground and has a total height no greater than eight feet as measured from the original grade.
Sign, Moving. "Moving sign" means any sign that has motion or rotates.
Sign, Nonconforming. "Nonconforming sign" means any sign that does not comply with the terms of this chapter.
Sign, Off-Premises. "Off-premises sign" means a sign identifying or advertising a business, person, activity, goods, products or services not located on the premises where the business or commercial activity is conducted.
Sign, On-Premises. "On-premises sign" means a sign identifying or advertising a business, person, activity, goods, products or services located on a premises where the business or commercial activity is conducted.
Sign, Political Campaign. "Political campaign sign" means any sign urging the election or defeat of any candidate seeking any elective office, or urging the passage or defeat of any ballot measure, but not including any billboard owned or maintained by a commercial firm or advertising company.
Sign, Portable. "Portable sign" means a sign that is to be displayed only during business hours which is not permanently attached to the ground or a building and is of an A frame, hinged or sandwich type design. For the purposes of this title, "permanently attached" includes such means of attachment as bolts, concrete footings or foundations, or similar such devices.
Sign, Pylon. "Pylon sign" means a freestanding sign erected upon a single or two pylons or posts and the majority of the base of the sign is greater than two feet above the original grade.
Sign, Real Estate. "Real estate sign" means an on premise sign advertising a property for sale, lease or rent.
Sign, Roof. "Roof sign" means any sign wholly erected on the roof structure or parapet wall of any building.
Sign, Rotating. "Rotating sign" means a sign which revolves or rotates on an axis.
Sign, Temporary. "Temporary sign" means a sign that is to be displayed only for a short time which is not permanently attached to the ground or a building and which does not fit the definition of a portable sign. For purposes of this title, "permanently attached" includes such means of attachment as bolts, concrete footings or foundations or similar such devices. All signs on wheels are temporary signs. Temporary signs shall not include real estate, directional real estate, or political campaign signs. Inflatable and banner signs shall be considered temporary signs.
"Zoning district" means those districts as defined by this title.
(Ord. 2006-21 § 1; Ord. 2005-26 § 4; Ord. 2001-14 (part): prior code § 21.46)
(Ord. 2008-12, § 1, 5-13-08; Ord. No. 2022-09, § 2, 8-23-2022; Ord. No. 2023-10, § 2, 7-11-2023)
A.
All signs used for advertising erected or maintained within the city limits require a permit except where specifically exempted in this title. Permits shall not be required for the following:
1.
Political campaign signs;
2.
Real estate and directional real estate signs;
3.
Memorials embedded in another structure;
4.
Holiday and celebration signs;
5.
Traffic control and other city regulatory and information signs;
6.
Park signs (city only);
7.
Advertising of garage sales, nonprofit organization functions, and community events;
8.
Incidental signs;
9.
University district signs.
B.
Signs shall not be permitted or continued that:
1.
Obstruct vehicular or pedestrian movement in any way;
2.
Would tend, by location, color or nature, to be confused with or obstruct traffic control signs or devices;
3.
Are located in the public right-of-way, except that a property owner of property in the business overlay district may place one portable sign between the curb and property line;
4.
Obstruct any window, door, fire escape, stairway or opening intended to provide light, air, ingress or egress to any building or structure;
5.
Violate the vision clearance triangle as defined in the municipal code.
C.
Unsafe and Unlawful Signs. If the city finds that any sign or other similar device regulated by this chapter is unsafe, insecure, unlawful or is a general menace to the public, the city shall give written notice to the permittee or property owner thereof. If the permittee or property owner fails to remove or alter the sign so as to comply with the provisions of this chapter, within ten (10) days after the receipt of such written notice, the city may have such a sign removed at the permittee's or property owner's expense. If the city determines that any sign is an immediate peril or danger to the public, such sign may be removed summarily and without notice. Costs of this immediate action shall be the responsibility of the permittee or property owner.
D.
Abandoned Signs.
1.
Abandoned signs shall be removed by the owner or lessee within twelve (12) months after that the business, products, or services it advertises is no longer conducted thereon.
2.
If the owner or lessee fails to remove the abandoned sign, the city shall give the owner a thirty (30) day written notice by certified mail to remove the sign.
3.
Upon failure to comply with the notice, the city shall either cause removal to be executed or fine the property owner or lessee for each day of noncompliance. If the city causes removal, then the expense shall become a lien against the property at the time of the removal and shall automatically be extended upon the tax roll as a delinquent tax against the property.
E.
Temporary, Banner and Portable Signs.
1.
One portable sign shall be permitted per business, in addition to permanent signage. No permit shall be required.
2.
Portable signs shall not exceed a height of four feet and a width of four feet.
3.
Portable signs shall not be placed in the right-of-way when outside of the downtown overlay district.
4.
One temporary or banner sign shall be permitted per business for no more than sixty (60) days during a calendar year.
5.
A permit shall be obtained for each day that a temporary or banner sign is used or erected. Permits may be issued for blocks of time not to exceed sixty (60) days per calendar year.
6.
A permit may be issued for a temporary sign when a business is disrupted due to public construction, for a suitable period in addition to the time allowed for temporary signs.
F.
Real Estate and Directional Real Estate Signs. One real estate sign shall be permitted on a property and shall not be located in the right-of-way. A permit shall not be required.
1.
There shall be no more than four directional real estate signs per property, residential or commercial development, model home, or open house.
2.
Directional real estate signs shall be permitted between the hours of three p.m. Friday to ten p.m. Sunday. A permit shall not be required.
3.
Directional real estate signs shall not exceed four square feet in display surface area and shall not exceed two and one-half feet in height as measured from the top of the curb nearest the sign. If no curb exists, the height shall be measured from the street grade nearest the sign.
4.
Real estate or directional real estate signs shall be placed only in the ground and not on any structures, signs, utility poles, trees or other similar objects.
5.
Any person seeking to erect a real estate or directional real estate sign not in conformity with this provision may apply for a special event permit from the department of community development pursuant to the application process established in Section 17.84.070. In addition to the relevant information required under Section 17.84.070, the applicant shall also provide the location for, the number of signs requested, and the date(s) the signs shall be erected. A special event permit granted by the department of community development for a single property, residential development, or commercial development shall only be valid for a maximum of three days per calendar year. Given the greater time period generally involved in community and public events, including, but not limited to, the Parade of Homes, a special event permit granted by the department of community development for multiple properties involved in a common event shall only be valid for a maximum of forty-five (45) days per calendar year.
6.
In addition to the penalties provided pursuant to Section 17.84.090(E), real estate and directional real estate signs not in compliance with the provisions of this chapter may be removed by the city. A recovery fee of five dollars ($5.00) per sign shall be charged to the sign owner for return of the sign. Any sign not recovered by the sign owner within seven days after removal may be disposed of by the city.
7.
Real estate signs shall only be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
G.
Construction Signs.
1.
Permits shall not be required for construction signs.
2.
Two construction signs shall be permitted per subdivision or development.
3.
Construction signs shall be allowed on the property under construction but shall not be located in the right-of-way.
4.
Construction signs shall be removed when the certificate of occupancy has been issued or the construction completed.
5.
Construction signs shall only be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
H.
Garage Sale Signs.
1.
One garage sale sign shall be permitted on the property hosting the sale, however the sign shall not be located in the right-of-way.
2.
Directional garage sale signs shall not be erected more than forty-eight (48) hours prior to the sale or event and shall be removed within forty-eight (48) hours after.
3.
A permit shall not be required for garage sale signs.
4.
Garage sale signs shall be placed in the ground and not on any public light, sign, utility pole, tree or other similar structure.
5.
All garage sale signs shall be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
I.
Area Calculation. The following will be used in the calculation of the gross surface display area for signs.
1.
If a sign is enclosed by a box or an outline, the total area of the box or outline will be the sign area.
2.
If a sign consists of individual letters or figures, the imaginary outline which would enclose all letters or figures shall be the sign area.
3.
One side of a double-faced sign shall be counted toward the total sign area.
J.
Electronic Reader Board Signs. Such signs:
1.
Shall be permitted in the B-1, B-2, B-3, I-1, I-2, U, HZ, SZ, and P zoning districts (except per subsection 2), and for the following where such uses are allowed in other zoning districts under this chapter:
a.
Public parks, playgrounds, and recreational buildings;
b.
Churches, columbaria, schools, parking lot facilities, day care centers, libraries, hospitals and nursing homes;
c.
Municipal buildings, warehouses, garages, shops and storage yards;
d.
Charitable institutions, clubs and lodges;
e.
Planned unit developments where authorized by a city-approved specific implementation plan.
2.
Notwithstanding the allowances in subsection 1, shall be prohibited within the downtown overlay district described in Chapter 17.68, and where also billboards shall be allowed only in the I-1 and I-2 districts by special use permit.
3.
If within an SZ, P, or residential zoning district, shall not exceed twenty-four (24) square feet in sign area or be operational between 8:00 p.m. and 6:00 a.m. (or shall revert to a dark screen if operational during such hours).
4.
Shall be included in the calculation of permitted sign area for the business or lot, and subject to the same height and area requirements as other signs in the zoning district.
5.
Shall not be positioned such that the electronic reader board component is both visible and within two hundred (200) feet from any building occupied exclusively for residential use.
6.
Only one such sign is permitted per lot.
7.
Temporary signs as defined in Section 17.84.020 of this chapter are prohibited on a lot with an electronic reader board sign.
8.
Except for billboards where allowed, shall be part of a monument sign only and shall not exceed seventy-five (75) percent of the total sign area on such sign. Further, monument sign base shall be at least seventy-five (75) percent of the width of the sign face, with the base constructed with materials similar to the exterior materials used on the principal building on the same lot.
9.
Shall not contain any message or image that resembles or may be confused with a traffic control device.
10.
Shall be maintained so as to display messages in a complete and legible manner, with consideration of the distance and travel speed of intended users.
11.
Each image or message shall remain static for no less than fifteen (15) minutes in an SZ, P, or residential zoning district; one minute for non-billboard applications in other zoning districts; and fifteen (15) seconds for billboards where permitted. No more frequent changes, scrolling, intermittent brightness changes, or animation is permitted.
12.
Transitions from one image or message to another shall be instantaneous; no fading, fly in, float in, or other alternative transitional approaches area permitted.
13.
Shall be equipped with and shall at all times utilize photosensitive equipment which automatically adjusts the brightness and contrast in direct relation to the ambient outdoor illumination, such that brightness is not in excess of 0.5 footcandle above ambient lighting conditions.
14.
Shall be equipped with and shall at all times utilize a function that shuts the sign off or defaults to a dark screen in event of malfunction.
15.
May not include any message or image advertising products or services not offered on the same site, except for billboards where permitted or for information of interest to the general public that is not directly tied to a private use or product.
16.
As part of its consideration of a special use permit for a billboard that is also an electronic reader board sign, the plan commission shall require:
a.
Placement no closer than one mile from any other billboard that is also an electronic reader board sign. Measurement shall be as the crow flies from sign base to sign base.
b.
A two square foot reduction of sign area from a traditional/static message billboard on the same premises, or elsewhere in the city from a billboard controlled by the same or affiliated entity, for every one square foot of electronic reader board/billboard sign area.
c.
A decorative support/base with design and materials that complement the city and the sign's surroundings, a landscape plan that effectively screens the support/base, or some combination.
(Ord. 2007-21 §§ 1, 2; Ord. 2006-21 § 2; Ord. 2005-26 §§ 5—7; Ord. 2001-14 (part): prior code § 21.47)
(Ord. No. 2022-09, § 2, 8-23-2022; Ord. No. 2023-10, § 3, 7-11-2023)
A.
Residential Districts.
1.
Nonresidential uses in residential zoning districts shall be allowed one unlighted wall sign not to exceed thirty-two (32) square feet or one unlighted monument sign not to exceed thirty-two (32) square feet per sign face (not to exceed two sign faces total. Signs must be set back ten (10) feet from the right-of-way and located no closer than five feet to the adjacent lot.
2.
Single Family. For each dwelling unit, nameplates and identification signs indicating the name and the address of the occupant shall be allowed, provided that such nameplates do not exceed a total of two square feet in area.
3.
Home Occupations. One unlighted sign per dwelling shall be allowed where home occupations have been permitted. Signs for home occupations shall not exceed four square feet and shall be attached to the wall of the structure so as not to project more than eighteen (18) inches from the wall.
4.
Residential Entrance Signs. Each residential development shall be permitted two monument signs not to exceed thirty-two (32) square feet in surface display area. The sign shall not project more than eight feet above the ground. The sign, if lighted, shall be lighted from above. The sign shall be set back ten (10) feet from the right-of-way and located no closer than eight feet to any adjacent lot. Signs shall be located on private property and shall not be located in the right-of-way. A homeowner's association, the developer, or owner of record shall maintain the signs and their surrounding landscape.
B.
General Commercial. Signs erected in the general commercial district shall adhere to the following requirements and those in the downtown overlay district.
1.
The total display surface area for signs on any one structure or lot shall not exceed an area in of two square feet of surface area for every one lineal foot of building frontage.
2.
The total surface display area of any sign shall not exceed sixty (60) square feet on any one structure.
3.
No overhanging sign shall exceed fifty (50) square feet of area and the total area of each overhanging sign shall not exceed one hundred (100) square feet of area.
4.
Signs erected in this district shall not project out from the face of any building more than seven feet. This horizontal distance shall include any necessary mounting or erection apparatus with which the sign is affixed thereto.
5.
No sign shall extend a vertical distance closer than ten (10) feet to the average grade of the sidewalk.
C.
Limited Commercial District. Signs permitted in this district shall comply with the following regulations and those in the downtown overlay district:
1.
No pylon sign shall be permitted in a location where its distance from any lot line is less than its vertical height as measured to the highest point of the sign.
2.
Overhanging signs may be permitted if such overhanging signs do not project into the right-of-way.
3.
Display surface area requirements shall be the same as display surface area requirements in the general commercial district.
D.
Highway Commercial District. Signs permitted in this district shall comply with the following regulations:
1.
No pylon sign shall be permitted in a location where its distance from any lot line is less than its vertical height as measured to the highest point of the sign.
2.
No single pylon sign shall have a total sign area that exceeds sixty (60) square feet of area.
3.
Each lot of at least one hundred (100) feet of lineal street frontage may be permitted one pylon sign. An additional pylon may be permitted for lots that have five hundred (500) feet or more of street frontage and are located on arterial roads as defined on the official map.
4.
The total display surface area for signs on any one lot shall not exceed an area of two square feet of surface area for every one lineal foot of lot frontage.
5.
Pylon signs that are landscaped (plantings and shrubbery) at the base may be permitted to exceed these area limits by no more than twenty (20) percent.
6.
Prohibited signs: Flashing signs and moving signs.
E.
Light Industrial and Heavy Industrial. Sign regulations for this district shall be the same as those in the highway commercial district except that the following signs shall be prohibited: pylon signs, flashing signs, and moving signs.
F.
University District. Signs in this district shall comply with the following regulations. A permit shall not be required.
1.
The total display surface area for signs on any one structure (i.e., wall signs) shall not exceed an area of two square feet of surface area for every one lineal foot of the building facade on which the sign will be erected.
2.
No monument sign shall be permitted in a location where its distance from any lot line is less than its vertical height as measured to the highest point of the sign.
3.
No monument sign shall have a total sign area that exceeds sixty (60) square feet.
4.
Monument signs that are landscaped (plantings and shrubbery) at the base may be permitted to exceed these area limits by no more than twenty (20) percent.
5.
Lighting.
a.
Wall signs shall be lighted from above. Monument signs may be lighted from below, above or internally where only the text on the sign is illuminated.
b.
Lighted signs shall project light onto but not outside of the edges of the sign.
c.
Lighting must be landscaped and shielded from view from any right-of-way unless lighted from above or internally.
d.
Lighting shall emit a continuous light.
6.
Prohibited signs: Flashing signs and moving signs.
(Ord. 2007-21 § 3; Ord. 2005-26 § 8; Ord. 2001-14 (part): prior code § 21.48)
(Ord. No. 2022-09, § 2, 8-23-2022)
Political campaign signs shall adhere to the regulations contained herein. It shall be the responsibility of the candidate or his or her designee to ensure that political campaign signs are installed in compliance with these regulations. The following regulations shall apply to all zoning districts within the city:
A.
No permit shall be required for the installation of a political campaign sign within the city.
B.
The city assumes the authority to enforce the applicable provisions of these sign regulations even though no permit is required.
C.
All political campaign signs shall be erected on private property and at least a distance of fifteen (15) feet from the edge of pavement.
D.
No political campaign sign shall be attached to any boulevard tree, utility pole or traffic control device.
E.
All political signs in residential zoning districts shall not be lighted.
(Ord. 2001-14 (part): prior code § 21.49)
(Ord. No. 2022-09, § 2, 8-23-2022)
The plan commission may grant special sign permits in the event an applicant's proposed sign, though nonconforming in terms of the rules and regulations of this subchapter, may be aesthetically acceptable, innovative, functional and in the best interests of the city. It is recognized that this chapter, in attempting to regulate signs, may inhibit the creativity of advertisers in the interest of conforming to standards. Without destroying the purpose of these regulations, certain unconventional signs may be in order and acceptable. Such special sign permits must meet the following criteria:
A.
The applicant illustrates a consideration for aesthetic qualities that would be prohibited under other provisions of this chapter.
B.
The applicant can prove that erection of the proposed sign will cause no extraordinary inconvenience to traffic and pedestrian movement.
C.
The applicant has shown consideration for other property owners adjacent to or nearby the location of the sign.
D.
The person or group applying for a special sign permit shall file an application with the planning department and make payment of a fee. The fee will be set from time to time by resolution of the city council.
(Ord. 2001-14 (part): prior code § 21.50)
(Ord. 2008-12, § 2, 5-13-08)
A.
Application for a sign permit shall be made to the department of community development and shall provide the following information:
1.
Name, address and telephone number of the applicant;
2.
Location of the building, structure or lot upon which the sign is to be attached or located;
3.
Name of person, firm or agent erecting the sign;
4.
Written consent of the owner of the building, structure or land upon which the sign is to be erected;
5.
Any electrical permit required and issued for the erection of the sign;
6.
Size of the sign's display surface, material of which the sign is to be constructed, height at which the sign will be erected, a sign inventory of existing signage on the property, the area of the signs measured in square feet, and the nature of the information to be displayed on the sign.
B.
Permit Fee. For each sign permit application, a fee will be paid in the amount listed in the city fee schedule on file with the city clerk.
(Ord. 2005-26 § 9; Ord. 2001-14 (part): prior code § 21.51)
A.
A nonconforming sign shall be allowed to continue in use but shall not be enlarged, replaced, relocated or altered, except to change the message or content of the sign, without being brought into compliance with requirements of this section.
B.
Whenever a nonconforming sign is altered, repaired or damaged by fire, explosion, wind, accident or other such event, in excess of fifty (50) percent of its fair market value, it shall not be altered, repaired, replaced or reinstalled unless the replacement sign complies with the provisions of this section and other applicable regulations of this title.
C.
Nothing in the provisions of this title shall be construed as prohibiting routine repair and maintenance of any sign.
(Ord. 2001-14 (part): prior code § 21.52)
A.
The department of community development shall have primary responsibility for the enforcement of these regulations and the issuance of permits as required herein.
B.
It shall be the responsibility of the department of community development to inspect the erection of signs and assure that all signs are in compliance with the requirements of this and any other appropriate rules, regulations and ordinances of the city or this municipal code.
C.
Signs that have not been erected within six months from the date of the receipt of the permit to do so shall not be allowed to be erected until such time as a new permit has been issued and all requirements have been met.
D.
The provisions for the board of appeals in this zoning code shall apply to these regulations.
E.
Penalties. Failure to comply with the provisions of this chapter shall constitute a violation of same and violator shall be subject to a forfeiture of not less than two hundred fifty dollars ($250), as imposed by the municipal court. Each day or portion thereof during which a violation exists shall constitute a separate offense.
(Ord. 2001-14 (part): prior code § 21.53)