The purpose of this article is to create the framework for a comprehensive and balanced system of content- and viewpoint-neutral regulation of signs to facilitate easy and pleasant communication between people while protecting the First Amendment rights of resident individuals and businesses of the City and preserving and improving the quality of the City's environment by avoiding visual clutter harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and conditions of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment on historic convenience to citizens and encouraging economic investment. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all Signs. This article must be interpreted in a manner consistent with the First Amendment guarantee of free speech. This article is based on the following legislative intent and findings.

(1)

A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein must be deemed to be an integral but accessory and subordinate part of the principal use of the land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure that they are appropriate to the land, building or use to which they are appurtenant and are adequate for the intended purpose while balancing the individual and community interests identified above.

(2)

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

(3)

These regulations do not regulate every form and instance of visual communication that may be displayed anywhere within the jurisdictional limits of the City. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

(4)

These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

(5)

These regulations are not intended to and do not apply to signs erected, maintained or otherwise posted, owned or leased by the federal government, the State of Kansas, Johnson County, or this City. The inclusion of "government" in describing some signs does not intend to subject the government to regulation, but instead helps illustrate the type of signs that falls within the immunities of the government from regulation.

(6)

Many signs are intended to be temporary in nature, and so do not meet the regular structural and installation requirements necessary to prevent them from being affected by weather and other natural forces and present a potential hazard to persons and property. Severe weather conditions include, but are not limited to, thunderstorms with accompanying high winds, tornadoes, ice accumulation, and flooding, and are characteristic of local weather conditions.

(7)

The primary purpose of signs unrelated to traffic and placed along a roadway is to attract the attention of drivers and distract them from their primary responsibility of constant attention to traffic and road conditions. This concern is especially acute in residential areas where young children present a significant potential hazard for drivers.

(8)

Signs inherently are out of keeping with their surroundings; they are intended to attract attention. Their purpose fails if they meld into the landscape. As such, they are a visual blight where the visual clutter of signs is at odds with the City's policy to make structures blend into the topography and be compatible with their natural surroundings.

(9)

Signs have an adverse effect on the aesthetic quality of a City, and thus risk depreciating property values. This potential adverse effect conflicts with the City's policy to enhance the quality of life through other land use regulations.

(10)

Residents are virtually captive audiences of signs displayed by neighbors; signs are an intrusion into residential privacy and interfere with the enjoyment of a resident's property because the vista from the resident's property may become so marred by the clutter of signs that the resident cannot successfully avoid observing the sign clutter.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Severability is intended throughout and within the provisions of this article. If any section, subsection, sentence, clause, phrase or portion of the article is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this article.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

As used in this Article, unless the context otherwise indicates, the following terms have the meanings ascribed herein:

(a)

Animated sign means any sign with actual motion, the appearance or illusion of motion, or light or color changes by mechanical or electrical means.

(b)

Air-activated graphics means a sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion.

(c)

Awning means any structure made of cloth type materials or metal with a metal frame attached to a building and projecting over a thoroughfare, when the same is so erected as to permit its being raised to a position flat against the building when not in use.

(d)

Bag sign is a sign designed to temporarily cover an existing monument sign or pole sign.

(e)

Balloon sign is a sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached, or held in place by a cord, rope, cable, or similar method. Also known as Inflatable Devices. See also the definition for air-activated graphics.

(f)

Banner sign is a sign composed of fabric or other flexible substrate that is fastened to the exterior of a building, exterior structure, or wall, that is attached to the ground by secure attachments to stakes, poles, or similar devices and secured or mounted so as to limit movement of the sign caused by movement of the atmosphere. Banners do not include those signs which are defined as flags in this Article.

(g)

Billboard means any structure, regardless of material used in the construction of the same, that is erected, maintained, or used for public display of poster, painted signs, wall signs, whether the structure is placed on the wall itself, pictures, or other pictorial reading matter.

(h)

Blade sign is a temporary sign constructed of cloth, canvas, plastic fabric, or similar lightweight, non-rigid material and supported by a single vertical pole mounted into the ground or on a portable structure. May also be known as a "feather sign."

(i)

Building sign means a sign which is wholly supported by the building wall, parallel to the plane thereof, and which does not extend beyond the surface of said building wall more than 12 inches. This definition includes walls signs, awning signs, canopy signs, fascia signs, parapet signs, painted signs and window signs as may be defined herein this Article. Internally illuminated color panels, strips, or bands and neon lighting shall be considered building signs.

(j)

Business means a place where different types of trade, commerce, etc., is carried on, usually under the ownership of one person, company or partnership.

(k)

Canopy means any structure, other than an awning, made of cloth type materials or metal with metal frames attached to a building, projecting over a thoroughfare, and carried by a frame supported by the ground or sidewalk.

(l)

Canopy sign is a building sign attached to or in any way incorporated with the face or underside of a canopy, marquee, or any other similar building projection, and which does not extend beyond the projection more than six inches.

(m)

Changeable message sign means a sign that has the capability of sign copy being changed manually or mechanically.

(n)

Commercial sign means any sign not defined herein as a "non-commercial sign."

(o)

Corporate flag means a flag, other than a government flag, that contains a logo, corporate name, or other identification.

(p)

Directional sign means any sign oriented internally intended to convey messages to internal users of a site and generally not intended to convey messages to persons off-site or from an adjoining street. Examples include directional or wayfinding signs, traffic directions and signs that provide parking instructions, security warning signs, business directories, or similar communications that are accessory to the use of the site and any building located thereon.

(q)

Directory sign means a permanent diagrammed representation located near the entrance of a complex which shows the location and address of the unit designations within a complex.

(r)

Electronic message center means a sign that is electronically or electrically controlled that displays a message center or reader board composed of a series of lights that may be changed through electronic means including LED or LCD displays.

(s)

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

(t)

Feather sign. See "blade sign."

(u)

Flag means any fabric, banner or bunting containing words, numbers, colors, patterns or symbols, or logos.

(v)

Free standing signs, including pole and ground monument signs, as regulated by this Article, include any sign which is supported by one or more uprights or braces in or upon the ground and not attached to any building or wall.

(w)

Facing or surface means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign. The square footage of a sign, wherever the same is required to be computed for the purposes of this Article, shall be determined by computing the square footage of the facing or surface of such sign.

(x)

Government flag means any fabric, banner or bunting containing words, numbers, colors, patterns or symbols, used as a symbol of a government or political subdivision, including flags of the United States, the State, the City, foreign nations having diplomatic relations with the United States, and other flags adopted or sanctioned by an elected legislative body of competent jurisdiction.

(y)

Government sign means any type of sign that is constructed, placed or maintained by or at the direction of the federal, state, county, or local government. Examples include traffic control and safety signs and devices, public notices and informational signs, all public parks and public facilities signs, and directional and identification signs such as tourist oriented directional signs approved and placed by the Kansas Department of Transportation, memorial plaques, signs of historical interest, signs designating hospitals, libraries, public parks, schools, colleges, airports, and other institutions or places of public interest or concern.

(z)

Ground sign. See "free standing sign."

(aa)

Identification sign means a sign that displays no more than the name, address, crest or insignia, occupation or profession of an occupant of the premises, name of any building on the premises or the trademark of the occupant.

(bb)

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 proper.

(cc)

Incombustible material means any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.

(dd)

Logo means a stylized group of letters, words, symbols, or combination thereof used to identify and represent a business, organization, group, team, or product and to differentiate it from others.

(ee)

Marquee means any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.

(ff)

Mobile sign means a sign affixed to an automobile, truck, trailer or other vehicle.

(gg)

Monument ground sign means a free standing sign which is anchored to the ground similar to a ground sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top with the base of the sign being a minimum of 80 percent of the width of the widest component of the sign. Said signs may be doubled-sided, perpendicular or parallel to the adjoining roadway but in no case shall consist of more than two sign faces.

Figure 1

Ground Monument Sign
B ≥ 80% of A

(hh)

Non-commercial sign means any sign containing an ideological, political issue, religious or other message not related to the promotion of a commercial or business activity. All signs not defined as a "non-commercial sign" shall be defined as a "commercial signs."

(ii)

Off-premises sign means a commercial sign installed, erected, constructed, or hung on a site or property that is not appurtenant to the use of, products or services being sold on, work being performed on, or the sale, lease, or rental of the land or buildings on which the sign is located. This definition does not include non-commercial signs.

(jj)

On-premises sign means a sign installed, erected, constructed, or hung on a site or property that is appurtenant to the use of, products or services being sold on, work being performed on, or the sale, lease, or rental of the land or buildings on which the sign is located.

(kk)

Other advertising structure means any marquee, canopy or awning as further defined herein.

(ll)

Panel sign means a sign consisting of a frame covered by a translucent material which may be internally illuminated. The entire sign structure is one unit and the copy is not intended to include three-dimensional individual letters.

(mm)

Permanent sign means a sign constructed of durable materials and attached to a wall or imbedded in or constructed on a foundation in the ground, that does not allow removal without special tools or equipment and which is intended to exist on more than a temporary basis.

(nn)

Pole sign means a freestanding sign that is supported by one or more uprights not attached to, or braced by, any other structure. Pole signs shall have a clear open space of not less than ten feet between the base line of said sign and the ground level.

(oo)

Political issue sign means a sign announcing, promoting (for or against), or drawing attention to any personal or political issue or candidate(s) seeking public political office.

(pp)

Portable sign means a freestanding sign not permanently anchored or secured to the ground or any building or wall, which may be moved from place to place, including, but not limited to, signs design to be transported by means of wheels, and is not expressly permitted under this Article as a temporary sign.

(qq)

Projected-image sign means a sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface, from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.

(rr)

Projecting sign means any sign which is attached to a building or other structure and extends more than 12 inches beyond the building.

Figure 2

Projecting Sign

(ss)

Public school district sign means any type of sign that is constructed or placed by a public school district on property owned or leased by that public school district.

(tt)

Raceway means an enclosed channel designed expressly for holding wires, cables, or bus bars on which a sign in mounted.

Figure 3

Sign Mounted on Raceway

(uu)

Raceway, pan style is a sign raceway that is shaped and contoured to follow the outline of the sign to which is mounted to the raceway.

(vv)

Roof sign means any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.

(ww)

Sidewalk sign means free standing portable sign. Typically designed as either A or T framed and to be used on daily basis and during business hours.

(xx)

Sight distance triangle means the clear vision zone corner lots as defined in Section 16-426 of City Code.

(yy)

Sign means any and every advertising sign, identification sign, freestanding sign, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and canopy and includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public.

(zz)

Sign area means that area of a sign's exposed facing, determined by the Zoning Administrator using actual dimensions where practical, or approximate dimensions when irregularity of a sign shape warrants. Such area shall be measured using one of the formulas in Section 16-911 of this Article.

(aaa)

Sign copy means words, letters, logos figures, symbols, illustrations, or patterns that form a message or otherwise call attention to a business, product, service, or activity, or to the sign itself.

(bbb)

Structural trim means the molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure.

(ccc)

Temporary sign means any yard sign, portable sign, inflatable signs, bag or banner covering a permanent sign, or other sign, banner, pennant, valance or advertising display constructed of Vinyl, cloth, canvass, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a short period of time only.

(ddd)

Trailer sign means any sign mounted on a vehicle normally licensed by the State of Kansas as a trailer and used for advertising or promotional purposes.

(eee)

Vehicle sign means a message, inscription or logo painted, attached, or incorporated on a motor vehicle which advertises or promotes the interest of any private or public firm, person, organization, or other entity, or to draw attention to the use on the premises.

(fff)

Wall sign means any flat sign of solid face construction which is placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure.

(ggg)

Window sign means a sign posted, painted, placed, adhered, or affixed in or on a window or door, or a sign that is located on the interior of a structure that is exposed to public view from the exterior of the structure through a window or glass door.

(hhh)

Work of art means any mural painting or decoration, inscription, mosaic, painted glass, base-relief, or other similar art form of a permanent character that is intended for decoration, ornament, or commemoration and that is applied to, placed upon, or erected on any lot or parcel or wall of any building or structure. A work of art shall not incorporate logos, advertisements, or other commercial speech nor shall a work of art contain images, letters, symbols or other representations designed to identify or market any commercial activities contained upon the site on which it is located.

(iii)

Yard sign means a temporary, freestanding sign made of rigid materials that is supported by a frame, one or more poles or posts, or other support structure placed directly in the ground without foundation or other anchor. These signs may be single or double-sided (back-to-back).

Figure 4

Major Sign Types

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

(a)

No sign shall be allowed except as permitted by this Article.

(b)

No sign shall be located within the clear vision area of a driveway or street intersection as defined in City Code. No sign shall be located so that the safety of a moving vehicle or pedestrian will be impaired by obscuring a driver's or pedestrian's vision.

(c)

No person shall install, erect, construct, hang, or alter any sign within the City without first obtaining from the City a Sign Permit, unless such sign is otherwise exempt under this Article.

(d)

No person shall replace the sign copy or sign face without first obtaining from the City a Sign Permit, unless such sign is otherwise exempt under this Article.

(e)

Signs shall be properly erected or attached to a structure and kept in good repair. Any lettering, logo, design, and other markings placed upon the sign shall be clear, distinct, and readable and maintained in that condition.

(f)

Any permanent or temporary commercial sign allowed in this Article may be utilized as a non-commercial or political issue sign subject to the regulations contained herein.

(g)

Strength of Signs. All signs and other advertising structures shall be designed and constructed to withstand a wind load and dead load as required in the Building Code or other ordinances of the City.

(h)

Sign Maintenance. All signs and sign structures shall be properly maintained and kept in a safe, orderly condition. In addition, all parts and supports shall be properly painted. Any sign or sign structure which is rotted, unsafe, deteriorated, defaced, or otherwise altered, shall be repainted, repaired, or replaced by the property owner or agent of the owner of the property upon which the sign is located, within 30 days after written notice by the City.

(i)

Interference. No sign, nor any guys, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences, or trees; nor in such a manner as to interfere with the effective use of firefighting equipment or personnel, or any overhead electrical power, telephone, fiber optic, or cable wires or supports thereof.

(j)

Safe Ingress and Egress. No sign or part thereof shall be erected or maintained to prevent or deter free ingress and egress from any door, window, or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape.

(k)

Illumination. All externally illuminated signs shall be constructed to direct the source of light away from adjacent properties or public streets.

(l)

Free-Standing Sign Height Computation. The height of free-standing signs (including all temporary and permanent signs) shall be computed to be the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to mean the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign.

(m)

Free-Standing Sign Setback Measurement. The sign setback for free-standing signs (including all temporary and permanent signs) shall be measured from the nearest edge of the sign.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

The following signs shall not be permitted, erected or maintained on any property within the City, unless located within the confines of a building, or not visible from outside the premises of the lot in which the sign is located:

(a)

Air-Activated Graphics and Signs with Moving Parts. Any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, or mechanical means, including intermediate electrical pulsations, or by action of normal wind currents, except as part of Special Event approved by the City under Article 7 of City Code.

(b)

Animated Signs.

(c)

Balloon Signs.

(d)

Banners. Banners, pennants, spinners, and streamers, except as specified in this Article as a permitted temporary sign or as part of Special Event approved by the City under Article 7 of City Code.

(e)

Billboards.

(f)

Flashing or Glaring Lights. Flashing lights, strobe lights, or rotating beams shall be prohibited outside of a building or visible from the outside of a building in all zoning districts except when otherwise legally displayed as emergency lights or warning lights. Illumination of signs shall be designed in such a way as to reflect light away from residential properties and motorists' vision.

(g)

Mobile signs attached to or painted on an inoperable or unlicensed vehicle, truck, or trailer.

(h)

Moving Lights. Signs which incorporate in any manner any flashing, pulsating, rotating, beacons, or moving lights. Except for a special event approved by the City Council per the City's special event procedures.

(i)

Off-Premise Signs, except a permitted temporary sign, as specified in this Article, may be off-premise.

(j)

Pole Signs.

(k)

Portable Sign.

(l)

Projecting Signs.

(m)

Projected-Image Signs.

(n)

Roof Signs.

(o)

Discontinued Use. Signs on a property that is vacant or un-occupied for a period of more than six months.

(p)

Hazardous Sign. Any sign or sign structure which:

(1)

Is structurally unsafe;

(2)

Constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment;

(3)

Constitute an obstruction so as to prevent free ingress or egress through any door, window or fire escape;

(4)

Is not kept in good repair; or

(5)

Is capable of causing electrical shocks to persons likely to come in contact with it.

(q)

Obscene Matter. Signs that display obscene matters in violation of any State or Federal statute.

(r)

Signs Projecting over Public Right-of-Way. It is unlawful to erect or maintain any sign on, over, or above any land or right-of-way belonging to City or other governmental entity unless specifically permitted by said entity, except as allowed by K.S.A. 25-2711 for political signs during the 45-day period prior to any election and the two-day period following any such election.

(s)

Temporary Signs. All temporary signs except those that are specifically allowed by this Article.

(t)

Interference with Traffic. No sign or other advertising structure as regulated by this Article shall be erected at the intersection of any street or alley in such a manner as to obstruct free and clear vision, or at any location, where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device or which makes use of the words STOP, LOOK, DRIVE-IN, DANGER or any other word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic.

(u)

Unlawful Signs. Any sign unlawfully installed, erected or maintained in violation of this Article.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

The following signs shall not require a sign permit:

(a)

Government signs and government flags as defined herein this Article, are exempt from the Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement.

(b)

Signs located within the confines of a building, except those that are defined as window signs.

(c)

Building addresses on buildings and signs as required by the City are exempt from the Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement.

(d)

Directory signs as required by the Fire Department for emergency identification are exempt from the Sign Regulations, the Sign Design Standards, and the Sign Permits and Fees requirement.

(e)

Works of art that meet the definition as provided herein this Article.

(f)

Temporary Signs, to the extent that they meet the standards herein this Article, are exempt from the Sign Permits and Fees requirement.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

For the purposes of this Article, the following sign types as defined herein are placed into the following categories:

(a)

Permanent Signs. Permanent signs may be commercial or non-commercial signs as defined herein this Article. Permanent, commercial signs must meet the definition of an on-premise sign. Permanent, commercial signs shall not include off-premise signs. Permanent signs are limited to the following sign types as defined and further regulated herein this Article:

(1)

Building Signs.

(2)

Ground Signs.

(3)

Directional Signs.

(4)

Drive-Thru Facility Signs.

(5)

Signs Affixed to Automated Teller Machines (ATM).

(6)

Corporate Flags.

(b)

Temporary Signs. Temporary signs may be commercial or non-commercial signs as defined herein this Article. Temporary, commercial signs may be on-premise or off-premise signs. Temporary signs are limited to the following sign types as defined and further regulated herein this Article:

(1)

Free-standing signs.

(2)

Sidewalk signs.

(3)

Blade signs and flags.

(4)

Banner signs attached to a building wall or window or covering and affixed to an existing building sign.

(5)

Bag signs covering and affixed to an existing monument ground sign.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

(a)

Permanent signs permitted by zoning district.

TABLE 19-909.1: PERMANENT SIGNS

(b)

Temporary signs permitted by zoning district.

TABLE 19-909.2: TEMPORARY SIGNS

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

(a)

Permanent Signs. The following regulations are established for all permanent signs as may be permitted by this article.

(1)

Building Sign Regulations.

a.

Prior to installation of any building signage, all multi-tenant buildings and multi-building commercial centers shall provide a signage plan detailing how and where signage will be allocated to each individual tenant space. This plan shall be adhered to unless an alternate plan is provided to the City by the building owner. In the case of commercial condominium or horizontal property regime, each owner shall be allocated an amount of signage proportional to the size of their unit.

b.

No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends of the wall to which it is attached.

c.

All building signs, but not including awning and window signs, shall consist of solid individual letters and symbols that have a three-dimensional appearance with a minimum dimensional depth of one inch. The dimensional depth may be achieved by individual dimension letters or symbols, cut out, push through, engraved, embossed, pin mounted with stand-offs, or alternative acceptable to the Zoning Administrator. Said individual letters and symbols shall be made of anodized aluminum or similar materials or should consist of individual illuminated self-contained letters and symbols made of anodized aluminum or similar materials with translucent plastic faces.

d.

Signs with exposed florescent tubes or light bulbs are prohibited.

e.

Painted signs, including any lettering, graphics, images, and logos, are prohibited except as may be permitted on awnings and windows.

f.

Signs in any residential zoning district shall not be internally illuminated.

g.

No individual letter or symbol shall exceed four feet in height and four feet in width. All letters and symbols should be individually attached to the building wall. Raceways are prohibited. In any situation where it is not physically practical to mount a wall sign without a raceway, a pan-style raceway may be authorized at the discretion of the Zoning Administrator. Panel signs no greater than 32 square feet in size shall be permitted.

h.

Signs may be mounted on a uniform backing that is of no more than one color and that projects no more than four inches from the surface of the building wall.

(2)

Ground Sign Regulations.

a.

Ground signs shall be restricted to monument grounds signs. Pole signs are prohibited.

b.

All sign structures shall be architecturally designed and incorporate design details, materials, and colors of the associated building.

c.

Signs with exposed florescent tubes or light bulbs are prohibited.

d.

Painted signs, including any lettering, graphics, images, and logos, are prohibited.

e.

Signs in any residential zoning district shall not be illuminated, neither internally nor externally. All other signs may be internally or externally illuminated provided they do not cause glare towards public streets or neighboring properties.

f.

Permitted ground signs may include a changeable message sign that is double-sided (back-to-back) and no larger than 32 square feet in size per sign face.

g.

Permitted ground signs may include an electronic message center sign that is double-sided (back-to-back), subject to the following design regulations:

1.

The maximum electronic message center sign size within any non-residential zoning district is 32 square feet, per sign face, for a double-sided (back-to-back) sign.

2.

The maximum electronic message center sign size within any residential zoning district is 12 square feet, per sign face, for a double-sided (back-to-back) sign.

3.

Electronic message center messages and images may not include video, animation, scroll, or flash and shall not display full-motion graphics in a series of frames to give the illusion of motion or video.

4.

The images and messages displayed on an electronic message center must have a minimum dwell time of at least ten seconds before changing to the next image or message. The transition or change from one message to another must be instantaneous and involve no animation or special effects.

5.

Electronic message centers shall be integral to and a part of an approved monument sign.

6.

An approved monument sign may have more than one individual electronic display provided the total area of all such displays does not exceed 32 square feet of the total sign copy area.

7.

The brightness of any electronic message center shall not exceed a maximum illumination of 5,000 candelas per square meter (nits) during daylight hours and a maximum illumination of 250 candelas per square meter (nits) between dusk and dawn, as measured from the brightest element on the sign's face. Electronic message centers must be equipped with a light detector or photocell that automatically adjusts the display's brightness according to natural ambient light conditions.

(3)

Temporary Sign Regulations.

a.

The following types of temporary signs may be permitted in accordance with the regulations herein this Article. All other temporary sign types not listed herein below are prohibited.

1.

Free-standing signs limited to yard signs, sidewalk signs, flags, and blade signs.

2.

Banner signs attached to a building wall or window or covering and affixed to an existing building sign.

3.

Bag signs covering and affixed to an existing monument ground sign.

b.

Prohibited Within Public Street Right-of-Way and Public Property. No temporary sign shall be placed within a public street right-of-way nor on public property.

c.

Time Limit. No temporary sign shall be in place for a period greater than six months unless removed and replaced with a new sign.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

The area of a sign shall be as determined by the Zoning Administrator using actual dimensions where practical or approximate dimensions when irregularity of a sign shape warrants. The area of each sign type is to be measured with either Formula A or Formula B as noted below. The application of either Formula A or Formula B is established by sign type as defined elsewhere in this article.

(a)

Formula A. The sign area is the sum of the area of two contiguous rectangles, squares or circles that enclose the extreme points or edges of all copy, logos and symbols of said sign.

Figure 5

(b)

Formula B. The sign area is the area of one rectangle, square or circle that encloses the extreme points or edges of all areas where copy may be placed on a sign. This area does not include structural or architectural features of the sign where copy will not be located.

Figure 6

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

The Zoning Administrator is hereby authorized and directed to enforce all the provisions of this Article.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Except those signs as expressly exempted by Section 16-907 of this Article, it is unlawful for any person to erect, repair, alter, relocate or maintain within the City any sign or other advertising structure as defined in this Article, without first obtaining an erection permit from the Community Development Department, and making payment of the fee required herein. All illuminated signs shall, in addition, be subject to the provisions of the Electrical Code of the City.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Application for sign erection permits shall be made upon forms as determined by the Zoning Administrator and shall contain or have attached thereto the following information unless any such information is deemed unnecessary by the Zoning Administrator:

(a)

Application fee as established by resolution of the City Council.

(b)

Name, address and telephone number of the applicant and building and/or property owner.

(c)

Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

(d)

Position of the sign or other advertising structure in relation to nearby buildings or structures.

(e)

Site plan, sign elevations, details, and specifications and method of construction and attachment to the building or in the ground.

(f)

Copy of stress sheets and calculations showing the structure is designed for dead load and wind pressure in any direction in the amount required by this Article and all other laws and ordinances of the City.

(g)

Name of person, firm, corporation or association erecting the structure.

(h)

Written consent of the owner of the building, structure or land to which or on which the structure is to be erected if different from the applicant.

(i)

Such other information as the Zoning Administrator shall require to show full compliance with this Article and all other laws and ordinances of the City.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

The application for a permit for erection of a sign or other advertising structure in which electrical wiring and connections are to be used shall be submitted to the Zoning Administrator. The Zoning Administrator shall examine the plans and specifications respecting all wiring and connections to determine if the same complies with the Electrical Code of the City, and the Zoning Administrator shall approve such permit if the said plans and specifications comply with said code, or disapprove the application if noncompliance with such code is found.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

All permanent, free standing and building signs shall be constructed by a professional sign contractor licensed to conduct business within the City. The licensing application and insurance requirements shall be as determined by the City.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

It is the duty of the Zoning Administrator, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if all the requirements of this Article and all other laws and ordinances of the City are complied with, the Zoning Administrator shall then issue the erection permit. If the work authorized under an erection permit has not been completed within six months after date of issuance, the said permit shall become null and void.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

All rights and privileges acquired under the provisions of this Article, or any amendment thereto, are mere permits revocable by the Council, and all sign permits shall contain this provision. In the event that by action of the Council any permit is revoked, it shall be unlawful thereafter to permit such sign to continue to remain on the premises, and it is the duty of the owner, agent, or person in possession of said premises, and each of them, to remove such sign forthwith.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Subject to constitutional limitations and upon presentation of proper credentials, the Zoning Administrator or any duly authorized representatives may enter at reasonable times any building, structure or premises in the City to perform any duty imposed upon the Zoning Administrator by this Article.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

All signs for which a permit is required by this Article or any ordinance of the City shall be subject to inspection by the Zoning Administrator. Footing inspections will be required for all ground signs. Electric signs shall be inspected before erection.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

If the Zoning Administrator finds that any sign or other advertising structure regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this Article, the Zoning Administrator shall give written notice to the permittee thereof. If the permittee fails to remove or alter the structure so as to comply with the standards herein set forth within ten days after such notice, such sign or other advertising structure may be removed or altered to comply, by the Zoning Administrator at the expense of the permittee or owner of the property upon which it is located. The Zoning Administrator shall recommend to the City Manager the revocation of the permit covering such sign or other structure regulated herein, and thereupon said permit may be revoked by order of the Council. The Zoning Administrator may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice. Existing signs shall comply with the provisions of this section.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

(a)

Intent. It is the intent of this Article to allow existing legal, nonconforming signs to continue to be maintained and used until they are removed under the terms of this Article, while encouraging legal, nonconforming signs to be brought into conformity. Every sign or other advertising structure lawfully in existence on August 5, 2024, but which is prohibited by the terms and conditions of this Article, shall not be altered or moved except in compliance with this Article.

(b)

Modification. A legal nonconforming sign or sign structure shall be brought into conformity with this Article if it is altered, reconstructed, replaced, expanded, or relocated. A change in sign copy, or the replacement of a sign face, is not an alteration or replacement for purposes of this section, but conditions may be placed on the approval to bring the sign closer to compliance with the intent of the provisions of this Article.

(c)

Maintenance. Legal nonconforming signs must be maintained in good condition. Maintenance required by this subsection shall include replacing or repairing of worn or damaged parts of a sign or sign structure in order to return it to its original state, and it is not a change or modification for purposes of subsection (d)(1) of this section.

(d)

Removal. Removal of a nonconforming sign or replacement of a nonconforming sign with a conforming sign is required when:

(1)

Fifty percent or more of the entire sign structure of a legal nonconforming sign is damaged, destroyed, or for any reason or by any means taken down; or

(2)

The condition of the legal nonconforming sign or legal nonconforming sign structure has deteriorated without maintenance as required by this section; or the legal nonconforming sign structure or building it is mounted on is destroyed or damaged by a fire, flood, windstorm, or similar abnormal event; and the cost of restoration of the sign to its condition immediately prior to such deterioration or event exceeds 50 percent of the cost of reconstruction of the sign structure; or

(3)

The use of the legal nonconforming sign, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period of 30 consecutive days or more. An intent to abandon is not required as the basis for removal under this subsection.

(e)

Sign Permit Application. For any new sign permit applications filed under this Article, the City may review all signs within the subject property for compliance with this Article. Should it be determined that there are legal nonconforming signs on the premises, the City may require that any nonconforming sign displayed on the premises that would affect the compliance of the new sign with this Article be altered or removed before a new permit may be issued under the provisions of this Article.

(f)

Site Plan Application. Any site that is the subject of a site plan application shall be required as a condition of approval to bring all nonconforming signs on the premises into conformity with the provisions of this Article.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Any sign now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent or person having the use of the building or structure upon which such sign may be found, within ten days after written notification from the Zoning Administrator, and upon failure to comply with such notice within the time specified in such order, the Zoning Administrator is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building or structure to which such sign is attached.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)

Any variance from these regulations may be approved only by the Board of Zoning Appeals after an application for a permit has been denied for the proposed sign, by the Zoning Administrator or Building Inspector as provided in these regulations.

Any person aggrieved by an order, requirement, decision or determination of the Zoning Administrator or Building Inspector in the enforcement of this Article may file an appeal with the Board of Zoning Appeals in accordance with City Code.

(Ord. No. 1056, § 4(Exh. D), 8-5-2024)